---
kind: "section"
citation: "52 U.S.C. § 21083a"
title: "52"
title_heading: "Voting and Elections"
number: "21083a"
heading: "Access for congressional election observers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/52/21083a"
units:
  - "Subtitle II — Voting Assistance and Election Administration"
  - "Chapter 209 — Election Administration Improvement"
  - "Subchapter III — Uniform and Nondiscriminatory Election Technology and Administration Requirements"
  - "Part A — Requirements"
---

# §21083a. Access for congressional election observers

- (a) **Finding of constitutional authority—** Congress finds that, regardless of legislative action, it has the authority to send congressional [election](/usc/52/20502.md?p=1) observers to observe polling locations, any location where processing, scanning, tabulating, canvassing, recounting, auditing, or certifying voting results is occurring, or any other part of the process associated with [elections](/usc/52/20502.md?p=1) for [Federal office](/usc/52/20310.md?p=3) under the authorities granted under article 1, section 5, clause 1 and article 1, section 4, clause 1 of the Constitution of the United States. Procedures described herein do not establish any new authorities or procedures with respect to Congress’ constitutional authority to observe congressional [elections](/usc/52/20502.md?p=1) but are provided simply to permit a convenient statutory reference for existing congressional authority and activity.
- (b) **Requiring States to provide access for observers—**
  - (1) **Requirement—** A [State](/usc/52/20107.md?p=5) shall provide each individual who is acting as a designated congressional [election](/usc/52/20502.md?p=1) observer for an [election](/usc/52/20502.md?p=1) for [Federal office](/usc/52/20310.md?p=3) with full access to clearly observe all elements of [election](/usc/52/20502.md?p=1) administration procedures, including, but not limited to, access to any area in which a ballot is cast, processed, scanned, tabulated, canvassed, recounted, audited, or certified, including during pre- and post-[election](/usc/52/20502.md?p=1) procedures.
  - (2) **Restrictions on activities of observers—** No designated congressional [election](/usc/52/20502.md?p=1) observer may handle a ballot or [election](/usc/52/20502.md?p=1) equipment (whether voting or nonvoting or whether tabulating or nontabulating), advocate for any position or candidate, take any action to reduce ballot secrecy or voter privacy, take any action to interfere with the ability of a voter to cast a ballot or an [election](/usc/52/20502.md?p=1) administrator to carry the administrator’s duties, or otherwise interfere with the [election](/usc/52/20502.md?p=1) administration process.
  - (3) **Rule of construction—** Nothing in this section shall prohibit a designated congressional [election](/usc/52/20502.md?p=1) observer from asking questions of an [election](/usc/52/20502.md?p=1) administrator, [election](/usc/52/20502.md?p=1) official, or [election](/usc/52/20502.md?p=1) worker, or any other [State](/usc/52/20107.md?p=5) or local official.
- (c) **Conduct of observers—**
  - (1) **Removal—**
    - (A) **Authorization removal by election official—** If a [State](/usc/52/20107.md?p=5) or local [election](/usc/52/20502.md?p=1) official has a reasonable basis to believe that a designated congressional [election](/usc/52/20502.md?p=1) observer has engaged in or imminently will engage in intimidation or deceptive practices prohibited by Federal law, or in the disruption of voting, processing, scanning, tabulating, canvassing, or recounting of ballots, or the certification of results, a [State](/usc/52/20107.md?p=5) or local [election](/usc/52/20502.md?p=1) official may remove that observer from the area involved.
    - (B) **Notice to Committee—** If a designated congressional [election](/usc/52/20502.md?p=1) observer is removed from an area under [subparagraph (A)](#c-1-A), the [election](/usc/52/20502.md?p=1) official shall, within 24 hours of the observer’s removal—
      - (i) inform the chair and ranking minority member of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, as applicable; and
      - (ii) provide written notice detailing the reason or reasons the designated congressional [election](/usc/52/20502.md?p=1) observer was removed.
  - (2) **Rule of construction—** For purposes of this subsection, the mere presence of a designated congressional [election](/usc/52/20502.md?p=1) observer during an observation of [election](/usc/52/20502.md?p=1) administration procedures, without any additional indicia supporting a reasonable basis for removal, is not a sufficient reason for removal under [paragraph (1)(A)](#c-1-A).
  - (3) **Right to replace observer—** If a designated congressional [election](/usc/52/20502.md?p=1) observer is properly removed under [paragraph (1)(A)](#c-1-A), the chair or ranking minority member of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, as appropriate, may send another designated congressional [election](/usc/52/20502.md?p=1) observer as a replacement for the remaining duration of the observation of [election](/usc/52/20502.md?p=1) administration procedures.
- (d) **Designated congressional election observer described—** In this section, a “designated congressional [election](/usc/52/20502.md?p=1) observer” is a House or Senate employee who is designated in writing by the chair or ranking minority member of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, or a successor committee, to gather information with respect to an [election](/usc/52/20502.md?p=1), including in the event that the [election](/usc/52/20502.md?p=1) is contested in the House of Representatives or the Senate and for other purposes permitted by article 1, section 5, clause 1 and article 1, section 4, clause 1 of the Constitution of the United States.
- (e) **State defined—** In this section, the term “[State](/usc/52/20107.md?p=5)” means each of the 50 [States](/usc/52/20107.md?p=5), the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

## Source credit

(Pub. L. 107–252, title III, § 304, as added Pub. L. 118–106, § 2(a)(2), Oct. 4, 2024, 138 Stat. 1591.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 304 of Pub. L. 107–252 was renumbered section 305 and is classified to section 21084 of this title.