Election Observation: Best Practices and Congress's Role

The subcommittee on elections of the Committee on House Administration will come to nor- to order. I note that a quorum is present. Without objection, the chair may declare a recess at any time. Also, without objection, the hearing record will remain open for five legislative days, so members may submit any materials they wish to be included therein. Thank you, Ranking Member Sewell, members of the committee, and our witnesses for participating in today's hearing. So welcome to the subcommittee on elections hearing entitled, Election Observation, Best Practices, and Congress's Role. Election observers play an important role in election administration. They provide an independent view of the election process by documenting what they see, asking questions through established procedures, and helping confirm elections are conducted according to law. Congress has a unique and important constitutional responsibility that makes today's hearing especially important. Article one of the Constitution provides that each house shall be the judge of the elections, returns and qualifications of its own members. Congress cannot fulfill that responsibility without the ability to observe the federal election process that determines who serves here. For that reason, the Committee on House Administration has long maintained the Congressional Election Observer program and Congress reaffirmed that authority through the confirmation of Congressional O- Observer Access Act, or the COCO Act. Congressional observers are sent to observe, document, and report back to the committee. So Congress has an objective factual record if questions arise during a federal election. Close elections are part of our democracy. House races have been decided by only a few hundred votes, and sometimes even fewer. In those situations, having an accurate record of the election process is especially important, so Congress can faithfully fulfill its constitutional responsibility. Successful election observation program depends on everyone understanding their role. It promotes transparency, gives election officials another set of eyes on the process, and helps candidates and voters better understand how elections are conducted. Together, these benefits strengthen public confidence in our elections. That's why professionalism matters. Election officials should establish clear procedures for credentialing observers, defining where they may observe, and maintaining clear channels of communication throughout the election process. Observers should arrive well-trained, understand the laws governing the jurisdiction where they are observing, Respect election workers and voters. Document what they observe and raise any concerns through the appropriate channels. Professional election observation depends on preparation, clear expectations, and mutual respect. Today's hearing is an opportunity to learn from our witnesses about best practices that strengthen transparency support professional election observation and help Congress fulfill its constitutional responsibilities. I thank our witnesses for joining us today, and I look

Thank you, Madam Chair. I want to thank our witnesses for gathering today. Uh, the focus of today's hearing, Congress's role in election observation, is an incredibly important topic, especially as we quickly approach this year's midterm elections. Our constituents have entrusted us with a solemn duty of ensuring that our nation's elections are conducted efficiently, securely, and transparently. Federal election observers are consequential to that effort, which is why they have a storied history in our c- in in this country. The original Voting Rights Act of nineteen sixty-five empowered the Attorney General to deploy federal ex- examiners to register black voters, as well as federal observers who had a right to be present at polling stations and to monitor our democratic process as they occurred in real time. These were the VRA's on the ground enforcement arms, which guaranteed witness witnessable proceedings and ensured they complied with established standards. The DOJ dispatched thousands of observers in the decades after the passage of the Voting Rights Act of nineteen sixty five, to protect the security and fairness of our democratic process. Unfortunately, the Supreme Court's twenty thirteen Shelby versus Holder decision gutted much of the DOJ's authority to deploy on the ground monitors. This ruling is part of a larger trend as exhibited by the recent Cal A decision of this court systemically dismantling the Voting Rights Act of nineteen sixty five. The existence of my district was secured through the VRA. I'm proud every day to represent the historic cities of Birmingham, Tuscaloosa, and my hometown of Selma, Alabama. But these were hard-fought gains. that were secured uh by those foot soldiers who marched across the bridge in order for all of us to have the right to vote. It is part of why I am proud to lead the House Democrats' efforts to pass the John Robert Lewis Voting Rights Advancement Act to ensure that every eligible American's right to vote is protected. Election observers are an important part of this conversation, and as with other fundamental democratic safeguards, the Trump administration has sought to break long-standing norms surrounding observers and monitors. Since twenty twenty five, the Trump DOJ has threatened unprecedented use of legal election monitoring security. It has threatened to deploy observers to democratically controlled states, taunted baseless claims of misconduct and protectual violations. Uh, state officials across the board, most recently in Michigan and in other states have deployed as asked where the DOJ threatened to deploy observers just a few weeks ago, have described their actions as voter intimidation. These continue to be a concerning pattern uh from this administration, and I think it's really important that we have a hearing today to talk about why it's so important that we have federal observers and that those observers are actually doing the job that they're sent to do. Let's let me be very clear. This misuse and abuse of authority by the current administration is nothing more attempt to sow discord and distrust in our elections. For the past several days, we have been hearing reports that President plans to deliver a prime time speech tomorrow that raises allegations about the twenty twenty election interference. Moreover, it should concern all of us, that especially the witnesses here today on this subcommittee hearing, that the election assistance uh uh commissioners, members of a bipartisan federal agency who have helped states and local officials acquire funding and certify equipment to run their elections were summarily removed by this president. This is why now more than ever we must protect our congressional election observer program. This program is part of our constitutional and legal responsibility, both on this committee and in the full house, to determine the qualifications of members and to oversee our elections. It has a long history of bipartisanship, dating back almost a century, with Republicans and Democrat observers deployed in pairs to to districts throughout this United States. These observers are congressional staff who have served on a voluntary basis within their official duties. They are strictly instructed into not to interfere with or to attempt to influence the electoral process. They are not partisan actors in any way, shape or form. These observers serve as the eyes and ears of the House on the ground in the congressional elections. They are uh they are encouraged to ask questions and to closely monitor our democratic process. So I'm glad for today's hearing to discuss this vital program. I hope we can continue in the spirit and practice of bipartisanship that has characterized it for decades and I look forward to working with the chairwoman and all of us in achieving that goal I look forward to hearing from our witnesses today. Thank you.

I now yield to the chairman of the full committee, Chairman Stile, for an opening statement.

Thank you mu- very much uh, Shirley, thanks for holding today's subcommittee hearing uh on election observers. American people should be confident that our elections are conducted Apparently, securely, and according to the law. Election observers, or poll watchers, uh play a critical role in ensuring that. Uh and I think that's why we're here today. Uh observers increase transparency, strengthen accountability, and provide independent oversight throughout the election process. Committee on House Administration runs the Nonpartisan House Election Observer program. Uh program, uh as we know, dispatches congressional staff across the country to serve as election observers in congressional races. Uh, they play a really critical function uh of our constitutional responsibility to safeguard federal elections and to judge the elections returns and qualifications uh of our own members, as set forward in the constitution. In the twenty twenty-four general election, uh the Republican majority side sent out over seventy staff to districts across the country to observe elections, and my colleagues uh on the minority dispatched uh volunteers to many districts, uh as well. In fact, Uh, Representative Miller-Meeks, who serves on the full committee, uh, dispatched a staffer, uh, to the city of Milwaukee and the Milwaukee County central count. Uh, the same year, in twenty twenty four, uh, California's thirteenth congressional district, the margin of victory, uh, was a hundred and eighty-seven votes, or point zero nine percent. Uh, in twenty twenty, as we remember, uh, election observers were on the ground in Iowa and the second congressional district, uh when our colleague, Marionette Miller-Meeks, won that race by six votes. Uh and while she had merged the winner, uh her opponent immediately uh contested the results. Uh and in those types of close races, the factual record matters, and house observers uh provided continuous and reliable information from the ground. So Congress uh and in particular this committee could carry out our constitutional responsibilities. Observes reports on election administration procedures, such as ballot tabulation, ballot storage. They ask thoughtful questions of election officials throughout the election process. And all of this helps build a detailed independent record in case an election is challenged as it was in twenty twenty uh by the Democrat who would ultimately lose, uh in Iowa. And although the House has run an observer program for many years, Congress's constitutional authority was not always recognized by state and local election authorities. That's why uh in twenty twenty four Congress passed Representative Kerry's legislation the confirmation of Congressional Observer Access Act. Uh this statute I think is really important, it gives explicit observation authority to congressional election observers and reaffirms Congress's constitutional authority in federal elections. With the twenty twenty six midterms just around the corner, uh this committee would like to invite house staff to participate in the election observer program serving districts across the country again. Uh, and it's important uh to recognize I think it's been noted uh it's nonpartisan. Staff from both Democrat and Republican offices will be uh fully trained, uh equipped, uh and deployed around the country and we're grateful to the staff uh that have previously volunteered. Uh, and to the staff uh that is in the process of volunteering will be deployed uh, in the coming months. Uh, this program's a crucial tool for increasing transparency and security. uh in house elections. I appreciate uh my uh my friend and colleague, Representative Lee, for holding today's hearing on this important topic, uh and I yield back. I thank our witnesses for being here.

I now yield to the ranking member of the full committee, Mister Morelle, for an opening statement.

Thank you, Madam Chair, and uh thank you as well to ranking member Sewell. Important topic. I appreciate very much the uh the uh discussion today uh on a neutral nonpartisan election observers which are an essential part of our democratic system, has been uh mentioned by each of my colleagues. Uh they provide transparency in our elections uh which enhances dramatically the necessary public trust that Americans uh must feel that their elections are fair and that they are secure they are, we want to make sure they continue to uh believe that. Poll watchers and election observers help provide that transparency, often in a volunteer capacity, and they ensure that the electoral process is visible to the American public, uh and that's worthy of the trust our democracy requires to uh thrive, and particularly in an environment where it is too often called into question. Um crucially in the United States, election observers uh do not favor one party over another. Observers ensure that citizens understand elections are reliable and the results are honest and true. And observers also play an important role in the committee's purposes indeed for the institutional duties and responsibilities of the Congress. Constitution invests substantial and broad authority in Congress with respect to federal elections including the power to hear and decide, contest brought to challenge the results of congressional elections. Pursuant to Article one, section five, clause one of the Constitution, each house shall be the judge of the elections, returns, and qualifications of its own members, something I suspect many Americans don't know. Um They may also not know that article one, section four, clause one of the constitution, which I think Ms. Lee earlier um referenced, the time, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature there, but the Congress may at any time by law make or alter such regulations. The congressional authority and responsibility to examine the qualification members is an integral part of the uh biennial organization of this body and we both the house and the committee consistently and regularly exercise our oversight and election adjudication role. Across United States history, more than six hundred and ten elections have been contested in the house, an average of more than five per congress, which I think again Americans would be surprised to know that that had occurred that many times in our nation's history. Each election cycle, the house conducts an election observer program to develop a factual record of election issues that may be relevant in resolving those election contests. Committee by virtue of statutory authority in our House Rule ten has jurisdiction over contested House elections and manages this election observer program. For almost the entire history of the program, the committee has deployed neutral observers and bipartisan pairs at candidates' requests to congressional elections, at which we can expect a close margin. The record developed by House observers is invaluable for the committee in evaluating election contests. Whether the facts of an election contest warrant further investigation by the committee depends in significant measure on the fact finding conducted by observers in an election contest and the credibility of those claims. And vitally, the impartial and bipartisan nature of the program helps give Americans confidence that should a contested election arise in the House, it will be resolved fairly and honorably without regard for partisan outcomes. I am concerned that this committee disregarded the established precedent twenty twenty four pre-deploying election observers across the country, I'll head of election day, uh that is not the precedent, and despite the long-standing norms of the program, committee Republicans sent observers to non-competitive congressional elections in the heart of Atlanta, Detroit, Madison, uh Milwaukee, and Philadelphia, and troubling committee of Republicans sent their observers without the traditional democratic observer pairing. All of these break precedent. This uh early unilateral deployment not only ignored past precedent and past practice, it contravened an October twenty twenty four joint letter I sent with Chairman Stile to election administrators which professed that the House election observer process is a quote bipartisan program in which observers are deployed in bipartisan pairs. Sadly uh the chair ignored his own um observations in that letter uh by sending people out of bipartisan or not bipartisan barriers and deployed them ahead of time. By targeting non-competitive races, Republican deployment ignored the constitutional and legal basis for the House Election Observer program, the duty to judicis judiciously resolve real reasonably contested election outcomes. And at that time Their departure from the long established norms suggested an unprecedented attempt to use the program for partisan gain a fundamental disregard of procedural precedent and an abuse of official house resources that undermines the spirit and integrity of the program. Americans will not stand for a misuse of the official resources for partisan purposes. This November, the committee will once again deploy uh observers in service to our legal and constitutional duties. I strongly urge the committees majority not to repeat their twenty twenty four abuse to the election observer program this November. Americans will rightfully view that any departure from this long established practice with deep suspicion. With that, uh I thank you Madam Chair and I yield back.

Without objection, all other members' opening statements will be made part of the hearing record if they are submitted to the committee clerk by five p m today. Today we have one witness panel. I will now introduce our witnesses. First, we have Mister Wesley Wilcox, the Supervisor of Elections in Marion County, Florida. Next, we have Mister Lance Reed, the Director of the Board of Elections in Summit County, Ohio. And finally, we have Miss Paige Whitaker, a Legislative Attorney at the Congressional Research Service. Each witness will have five minutes to provide an opening statement. I now recognize Supervisor Wilcox for the purpose of giving an opening statement.

Good afternoon, Chairwoman Lee, ranking member Sewell and members of the subcommittee. My name is Wesley Wilcox, and I serve as the Supervisor of Elections for Marion County, Florida. I am also a past president of the Florida Supervisors of Elections Association, and I've spent nearly forty years in election administration. Over those years, I've watched the role of poll observers evolve dramatically. And from where I sit, one of the biggest changes has been in that program. I believe it's been a positive change, not just for voters, but for election administrators as well. When I first entered this profession, poll observers or poll watchers, uh the term we use in Florida, were really part of the get out the vote process. They'd sit in a polling place with a voter list, mark off who had voted, And later in the day, the campaigns would then contact supporters who had not yet shown up. Thanks to Florida, all of that changed after the year two thousand. You're welcome, America. One of the biggest lessons was that the election observation works best when it's organized and professional. We establ we established clear rules, credentials, expectations so pole watchers could do exactly what they're supposed to do, observe the process without interfering with it. Since the year twenty twenty I've seen something I never really expected. Before twenty twenty, our high water mark in Marion County was about fifty pole watchers. In twenty twenty, we had just over two hundred. In twenty twenty-two, that number grew to more than five hundred. And during our last countywide general in twenty twenty-four, we credentialed more than twelve hundred poll watchers. To me, that's not a challenge, that's an opportunity. As election administrators, we publicly advertise dozens of meetings and invite the public to watch. Whether it's a logic inaccuracy test or a canvassing board meeting, There's little to no public interest. Most of us are lucky to have two or three citizens attend, but the majority of our meetings have literally no public attendance. Now, I have over twelve hundred citizens who voluntarily signed up because they wanted to understand how elections work. We need to embrace this new interest. I believe this is an opportunity to reach a group of voters that, up to this point, we've been un- unable to reach. I believe properly trained poll watchers and our partners in transparency. When observers understand their role, follow the rules, Yep, that's right. and work professionally alongside election officials, they help strengthening the public confidence, allowing us to demonstrate the safeguards already built into our election system. We have a perfect opportunity to counter many of the false narratives that abound on the internet. Not by arguing with people, but by letting them see the process for themselves. They'll be trained as a doing such as We can educate people about how elections actually work. You'll make that happen against them. We can show how photo and signature IDs are verified in the state of Florida. We can show how provisional ballots are used. And then that's it. We can show how vote-by-mail ballots are processed and safeguarded. Most importantly, by allowing people to see the process for themselves, We can show them how our systems ensure that only eligible citizens cast ballots, that i- identity is verified, and that secure voter databases help ensure each qualified voter votes only once. I believe the more people understand how elections are administered, the more confidence they'll have in the process. It's a bad issue, and it's good to also. That's good for voters. It's good for election administrators, and ultimately it's good for our country.

I don't

Thank you again for the opportunity to testify today on this important topic, and I'll look forward to your questions.

I now recognize Director Reed for the purpose of giving an opening statement.

Thank you, Chair Lee, and Ranking Member Sewell. I want to thank you and the members of this distinguished committee for inviting me to testify today. My name is Lance Reed and I am the Director of the Summit County Board of Elections in the State of Ohio. As an election official for over thirteen years, including nearly six years as director, I have witnessed election observers in the many different roles I have been employed by the Summit County Board of Elections. I am before you today to emphasize the important role that all observers play, including congressional election observers authorized under the confirmation of Congressional Observer Access Act of twenty twenty four. As an election official, transparency in elections is critical, and observers play an important role in that transparency. While Coco may have only been signed into law roughly two years ago, the Summit County Board of Elections is familiar with the program. Summit County, Ohio is contained within the thirteenth congressional district, and a congressional election observer was appointed by the chair of the Committee on House Administration for the November, November five, twenty twenty-four general election and was in our office the entirety of election day. Our board had a positive experience with the observer appointed to our office, and while we were unaware of that what the uh observer's opinion was, I hope they had a positive experience as well. Election officials and the public should embrace all observers for the critical role they play in ensuring those entrusted, with the sacred task of election administration and the tabulation of the people's voice are doing it to the letter of the law and maintaining the highest integrity. With that said, I wanna thank this committee once again for inviting me, and to thank all of you for your service. I'm happy to take any questions you may have, and I do wanna appreciate or thank you for the air conditioning in here.

I now recognize Ms. Whitaker for the purpose of giving an opening statement.

Thank you. Good afternoon. Chairwoman Lee, Ranking Member Sewell, and members of the subcommittee. My name is Paige Whitaker and I'm a legislative attorney with the Congressional Research Service, CRS. CRS is available to serve all members of Congress and CRS testimony is provided on an objective non-partisan basis. Thank you very much for inviting me to testify today regarding the confirmation of Congressional Observer Access Act of twenty twenty four, its legislative history, and Congress's general constitutional authorities to regulate elections. Federal elections are primarily administered according to state laws. The Elections Clause of the Constitution in Article one, section four, provides the states with the initial and the principal authority to administer the times, places and manner of elections within their jurisdictions. As a result of this decentralized authority, states vary in how they administer congressional elections. At the same time, the elections clause provides to Congress the power to make or alter rules regulating congressional elections which the Supreme Court has described as an override authority. Under that authority, Congress has enacted federal election laws, such as the Help America Vote Act of two thousand two. In addition, article one section five per further provides that each house of Congress has the express authority to be the final judge of the elections returns and qualifications of its members. The confirmation of Congressional Observer Access Act, or COCOA, was enacted in twenty twenty four. The act states that it was enacted under Congress's authorities under Article one, sections four and five. The act declares that regardless of any legislative action, Congress has the power to act pursuant to these constitutional authorities to observe federal elections. The act further states that it does not create any new authorities or procedures, and instead provides a convenient statutory citation for Congress's es existing authority and activity. The crux of the COCOA Act is that it requires states to provide full access to an individual who is a designated congressional election observer to observe all aspects of federal election administration including but not limited to areas where ballots are and I'm quoting from the statute here cast processed, scanned, tabulated, canvassed, recounted, audited, or certified during both pre- and post-election periods. At the same time, the COCOA Act expressly prohibits an election observer from handling ballots and election equipment, from advocating for any issue or candidate, from acting in a way that reduces ballot or voter secrecy, and interfering with a voter casting a ballot, an election administrator fulfilling their duties, or otherwise with the administration of an election. The statute provides that congressional election observers can be removed, from their position if a state or local election official has a reasonable basis to believe that an observer has engaged in or is imminently about to engage in intimidation or deceptive practices that are prohibited under federal law or in the disruption of the voting, tabulating, or the certification of the election. If an election observer is removed, the chair or the ranking member of the applicable committees may dispatch a replacement. Prior to the passage of the COCOA Act, the House of Representatives had for decades conducted a congressional election observer program dating back to at least the ninety-seventh Congress. A committee report accompanying the act explained that even though Congress's constitutional authority to deploy observers supersedes any state law to the contrary, the lack of a statute for the program had created difficulties for observers in certain states. For example, The report cited an incident during the twenty twenty House election where, despite both the majority and the minority dispatching observers, state election officials were blocked their admission. The committee report also indicated that state and local election officials requested that Congress enact a statutory citation for the observer program. As stated in the House report, and I'm quoting from the report, "The purpose of congressional observation by the House of Representatives is to ensure the candidate seated is the one actually elected by the people in a free, fair, and secure election. Thank you and I'd be pleased to answer any of the subcommittee's questions.

Thank you to each of you. And I will begin our questions today, followed by the ranking member. I now recognize uh myself for five minutes for the purpose of questioning our witnesses. Supervisor Wilcox, I will start with you. In your testimony you mentioned the two thousand election, uh the very infamous Florida election that uh really was the catalyst for a lot of really thoughtful consideration of our election laws uh and procedures. What were some of the key changes that Florida made uh after the two thousand election to better define the role of election observers, and how have those practices remained effective over time?

Thank you, Chairwoman Lee. Um w- a couple of uh items that that we instituted after the year two thousand and I heard uh one of my colleagues here mention HAVA out of two thousand two. Once again, America, you are welcome. Uh um one of the things that we did is we instituted uh credentialing of election workers uh that elect or not election workers, I'm sorry, uh poll watchers. Uh so we do a credentialing of them, uh meaning so that that the party or the the campaigns candidates or whoever that submit their names are potential poll watchers. We can actually print out a badge so that when that person does show up out of the polling place, it identifies them uh accurately as a poll watcher and not an an election worker. And so that's one of the the programs that I think uh that has been one of the parts that has been most successful uh from those changes. So

You also mentioned something that I thought was so interesting. You contrasted the election observer program with some of the other publicly accessible aspects of elections like the logic and accuracy testing that aren't very well attended oftentimes by the public. And really I think spoke so eloquently to what an opportunity that can be. Would you elaborate for us on why you believe that that transparency and confidence is important, not only for candidates participating in an election, but for the public's perception and confidence in elections?

I believe it's it's it's vitally important to us now because going into this process, you know, when I would go out and speak about election integrity and, uh, safety, security, the accuracy, it's just one person. You know, now I've got a built-in team of twelve hundred people that when they leave my polling places, they can go back to their sphere of influence and provide that information, back to the people that they talk to, and so it it exponentially allows us as election administrators to spread the good news about the good work that we do. You know, you mentioned our logic in accuracy. The

And Director Reed, Ohio recently updated its election officials' manual to include guidance on congressional observers authorized under the COCO Act. How did this update help you as the Summit County Board of Elections Director?

It it helped tremendously because uh actually when our congressional observer showed up in twenty twenty four it was the day before election day, and uh we had not heard of this. And so it was a surprise when uh when the observer walked in with with their document, and so we had to check with the secretary of state to see you know uh was this a was this a, an actual observer,

And do you think that more states would benefit from adopting model policies for interacting with and hosting congressional election observers? Mm.

Absolutely. There there's no doubt that, you know, that uh that kind of information that can come from the top down to to people in our roles, uh Supervisor Wilcox, myself, you know, when we know that's that's gone through the state and that uh we can plan ahead that the that an an a congressional election observer may appear, it only helps to have that uh to ri written out ahead of time for us to understand what the process is.

Thank you very much. I now recognize uh the ranking member for five minutes of questions.

Thank you, Madam Chair. Um, I wanted to ask Miss Whitaker. Um, you know, the title of today's hearing is, um, Election Observation, Best Practices, and Congress's Role. I'd like for you to spend a few minutes, if you don't mind, uh, giving us some history about why, uh, the Voting Rights Act really did establish, um, sort of the key role and protections for election observers. And, um, while they have been erode eroded over time, it would be really helpful to talk about the vital role that poll monitoring had in VRA.

Thank you, ranking member Sewell. The Voting Rights Act was enacted under the fifteenth amendment to, as the Supreme Court recently said in a twenty one twenty twenty one decision Burnovich versus Democratic National Committee, to achieve the fifteenth amendment's goal of bringing an end to the denial of the right to vote based on race. According to a House report that accompanied two thousand six reauthorization of the Voting Rights Act, which is the last time Congress reauthorized the law. The Federal Observer Program had played a key role in preventing discrimination, and that wou and that working with the Department of Justice, the Office of Personnel Management had assigned more than twenty-six thousand observers to twenty-two states since the law was enacted in nineteen sixty five. The House report accompanying the two thousand six reauthorization also states, that observers played a key role in preventing violations of both the fourteenth and the fifteenth amendments and that they did so by informing the Department of Justice of any alleged discriminatory conduct so that the Department of Justice could conduct further investigations.

Exactly. Um, and you know, the interesting part about this is that the congressional um federal observing program, the reason why we have COCO as I understand it, is to give statutory authority to the fact that the program can be uh readily identifiable by state and local officials and so the codifying of that has uh it seems um to b- have brought an opportunity to sort of level the playing field and uh and to offer both uh a bipartisan showing of um federal elect election observers. Is that right?

The act itself does not speak to um parties per se. As you know the constitution also does not speak to parties.

Yep.

Um

But it does say that you there are pairs of observers that would go as a part of this program.

Yes. Actually the text of the statute in the COCOA act does not

I

expressly talk about the pairs the legislative history speaks to that,

Yes.

but the COCOA act does provide that both the chair and the ranking member on both the committee and house administration and then the senate rules and administration committee on the Senate side have the power to designate congressional election observers and then also to replace those observers if they're removed under the process that's provided in the law.

Thank you. Thank you. Um uh Director Reed, um based on your experience in running elections, uh where would you say the line is between a legitimate election observation and conduct that risks intimidating voters and interfering with or disrupting the work of election officials. What safeguards have you found to be most effective in preventing observers from crossing the lines?

Uh, thank you. Uh, luckily we haven't run into any issues along those lines. Um, we've we've had uh, and we don't get as many observers as Supervisor Wilcox has mentioned, uh, we maybe get a hundred or so even in a big election. Um, and a lot of those observers are ones we're very familiar with. They've they've done it over the years. So we've had a chance to um you know kind of I guess help them understand what the process is and that the fact you know just like the title is you're there to observe,

Right.

and then if you do see anything to say something.

I'm kind of running out of time, but I want so I wanted to ask uh Supervisor Wilcox um you testified that properly trained poll watchers can quote help strengthen public confidence while allowing election administrators to demonstrate the safeguards already built into the system and I would agree with you on that. Um, would you agree that adequate federal support for election administrators can also help strengthen public confidence? I mean part of the our job um and is providing adequate funding for elections, and would love to know your thought about whether or not that has been that has held true.

Uh, thank you, Ranking Member Sewell. Uh, yes, I do believe uh the federal government should play a role in the um uh support fiscal support of elections across the US. If you look at a ballot, the most valuable piece of real estate on a ballot is at the federal level. And therefore, just like with real estate, you know, the the most valuable piece is

Is that because we're at the very top of the ballot?

That's what I that's what I was trying to politely say. Yes, ma'am.

And and with and with the top of the ballot becomes what the bigger purse that needs to be uh ending up, I get you. Thank you so much, Madam Chair.

I now recognize the gentleman from Georgia, Mister Loudermilk, for five minutes.

Well, thank you, Madam Chair. Thank you all for being here today. Um, in my home state of Georgia, election laws require poll watchers to complete training and establishes clear standards for governing their conduct and observ observation within polling places as Congress considers a similar framework for how selection observers input from state and local election officials I think will be very essential. Mister Wilcox, as we prepare to send House Election Observers to Florida, what would you recommend for House Observers to be prepared in advance?

Thank you, sir, for that uh the opportunity. Um I wou I would recommend that they contact the election authority in that jurisdiction and let the election authority tell them the proper thing to do at that authority. Because the rules in the state of Georgia probably are not the same rules that we have in the state of Florida. And so being in direct contact with the election administrator as early in the process as possible is extremely important.

Okay. Thank you. And I've uh been on this committee for many years and have participated in and uh setting up election observers and Director Reed, can you walk us through Ohio's election observer regulation and procedures?

Sure. So um uh when observers are appointed and usually for us it's uh the state or the county uh political parties that appoint could be a candidate or a group of five candidates, or a ballot issue committee, uh once that uh those committees have met and put together their list of appointments, that is uh submitted to our office uh depending on the type of observation they're gonna do, roughly eleven days before election day for instance, um or eleven days before early voting starts. Uh that's that's their part of the process. That allows us to then get um their credentials so that when they show up we know that they've been appointed by those uh specific committees to be there uh to observe.

Okay, have you seen an uptick in the number of uh observers or interest in the observer program?

I I think there's an uptick in interest, but to be honest we haven't seen an uptick in actual um execution on it yet.

Okay. Um and last question, how is your office and others prepared for a new influx of observers? Should that happen? and how to bring about transparency in the electoral process.

Yeah, so uh we're prepared in that es especially when uh we've got before election day, let's use that specifically where the uh appointment lists have to come f come before eleven days before uh election day. We take that list from the different committees, we compile it all into one list, and then that way we're able to provide that to all of our polling locations. That gives our uh what we call precinct election officials, our booth workers, the the ability to know who's actually allowed to be in their polling place. So that that way if they have somebody show up that isn't on the list, they can then contact us to to confirm, you know, whether they're supposed to be there or not.

Okay. Thank you. Uh, your back.

I now recognize the gentleman from New York, Chairman Morelli, for five minutes.

Thank you, uh, Madam Chair. Uh, Miss Whitaker, uh, thanks for joining us today, as all the witnesses thank you. Um, you know, the committee's role in resolving contested house elections is long established and contested elections, as I said in my opening statement, are uh part and parcel of the organization of each Congress since the republic uh began. Can you explain to us why and how a casual observer watching would understand that it's Congress's duty as opposed to say the courts or the president executive branch to uh determine member qualifications?

Yes, thank you Congressman Morelli. As expressly set forth in Article one, section five, it is the duty of each house of Congress to be the judge of the elections, returns, and qualifications of its own members. In a landmark Supreme Court case from nineteen seventy-two called Rallebusch versus Hartke the Supreme Court said that in judging congressional elections Congress's determination of the right to a seat in Congress is a non-justiciable political question so in other words it's outside of the review of the federal courts. The court also said in that case that the judgment of the House or Senate as to who won an election results in an unconditional and final judgment under Article one, section five.

So um and just to be clear then, if for Congress is not in the business of picking winners and losers though, um the use of official congressional resources of taxpayer money to support one party over another is abhorrent to our government. The we have a duty however to ensure that the candidate receives the most votes back in their district, um their legal eligible ballots take their rightful seat in the House of Representatives. Is that right?

Yes, the Constitution, the COCOA Act do not speak to political parties at all. Um and as I said earlier, it it even provides the act itself that both the chair and the ranking member have the power to appoint these congressional election observers and to replace them, if they're removed.

So so describe for me, or how would you explain the distinction, cuz I think it's important, why Congress's election contest prerogatives are distinct from any political party's interest in winning seats.

I have an excerpt from the Cocoa Act's legislative history, so the House report that accompanied the legislation, and it says the following, I'm quoting, " While political candidates and parties deploy election observers to advocate, for their position in key jurisdictions. Official congressional observation of congressional elections fills another necessary role by allowing for the creation of a usable record in the case of an election contest or seating challenge, so that the House of Representatives can accurately and faithfully perform its duty under the Constitution.

So that actually is really important when you think of the distinction between our responsibility as the Constitution um and the responsibilities so so that Americans regardless who they vote for, they should understand our responsibilities uh because that's important to the congressional election observer program is that our responsibility is to make sure that we have administered properly and chosen if it gets to a contested election who actually received the most votes so it's not a partisan issue it is actually a governmental responsibility of ours which I then then speaks to the nature of the observer program that the people that we will send out to make those observations, are doing so in their official capacity without regard to their political distinctions. Is that not right? Would you help w would that help explain to people what the program is for?

I think what I would say just from a constitutional perspective that it Congress is fulfilling its duties under the Constitution with the observer program because Congress is given each House of Congress, excuse me, is given this duty and responsibility to be the ultimate judge.

And the judge, I guess I'm what I'm getting at is our responsibility even as a committee, and then ultimately the full House, is to look at the election, the the the questions of being contested, and make the judgment on who we believe without regard to the party affiliation, who actually had the most votes and whose election, whose selection at that point, um by the committee and by the house more fulfills the the wishes of the American people in that district, not to our own political, I guess that's the point I'm trying to make. Uh would you agree with that? So in other words, if there were a contested election and we had a democratic majority, we shouldn't just pick the democrat cuz we like the democrat, what our job is here is to choose under the constitution the person that we believe got the most votes.

Yes, the case law and the text of the constitution both are focused on who was duly elected.

Right, as opposed to the partisan affiliations of the

Yes.

members who would make the determination.

Yes, it does not speak to party at all. It's who the election who was rightfully elected

Yeah.

and then considered duly elected under the constitution.

Gotcha.

Yes, sir.

Thank you. I I apologize for the uh badly mangled question, but that it was the point I was trying to get, so thank you, thank you, Madam Chair.

I now recognize the General Lady from Texas, Miss Johnson, for five minutes.

Uh, thank you, Chairwoman Lee, I love saying that, Chairwoman. I think that's a that's a great thing.

Oh, yeah, yeah.

Ranking Ranking Member Sewell, that's, you know. Thank you for holding this important hearing and thank you to our witnesses for joining us today in the work that you do to ensure that our elections are safe and secure. you play a critical role in protecting our democracy. The very foundation of our democracy depends on Americans having the confidence that every lawful vote is counted every eligible voter can cast a ballot and that our election process is fair and impartial while we waved our flags in the honor of America's two fiftieth on July fourth we must remember that the declaration of independence was both a rejection of unchecked power and a celebration of the separation of powers. As the midterm elections approach, I have had folks calling my office every day, expressing deep, deep concerns over the Trump administration's continued efforts to dismantle the trust in our electoral systems and undermine the historically bipartisan independent organizations and institutions. In the last two years, we've seen Republicans across this country, and here in Congress, rewrite election laws, fire federal, local, officials and redraw maps, dramatically reshaping our electoral processes. In his most recent effort to manipulate independent agencies for political gain, President Trump removed all three remaining members of the nonpartisan independent US Elections Assistance Commission, leaving the agency without sitting commissioners who oversee critical election administration that processes grants to state and local governments to enforce election monitoring and voter certifications. For the past two decades, the Election Assistance Commission has been guided by bipartisan cooperation and independent expertise free from partisan politics and political influence. This is not about Republicans or Democrats. This is about safeguarding a lasting democracy and ensuring that Congress, the people's house, not the president, oversees how elections are administered and executed. While we are witnessing unprecedented federal overreach into our independent institutions, responsible for election operations, Congress must uphold and reaffirm its constitutional commitment to oversee elections specifically through the constitutionally mandated and historically independent House Election Observer program The House Election Observer program plays a critical role in monitoring congressional elections by identifying close races and maintaining independent, non-partisan records that can be credibly used for investigations when Congress needs to determine election results. However, in twenty twenty four, House Republicans directed Republican observers without Democratic counterparts to non-competitive seats across the country to support President Trump's election crackdowns. The congressional intent of this program is meant to be non-partisan. Do you all agree with that, that the congressional intent of this program is to be non-partisan? Thank you for that affirmation. I think that w- I guess at the end of the day, public trust is paramount and public trust right now is on the edge. It's the most fragile it has been in our electoral system in quite some time. I think that the um would you all agree with me that the congressional elector election observer program could go a long way towards restoring trust? as long as it is administered in a bipartisan, fair and equitable way. You all agree with that? Yeah. I I do too. And I think um it's very important that that we look to that and and that election administrators if you are watching this hearing around the country, we have you know multiple perspectives represented on this table um and in this and on this dais and one thing we agree on is that This program is good, it's effective, and it needs to be implemented without disruption and without barrier. And it needs to be implemented in a nonpartisan way so that the trust in our election process by the American people can gain one more step backward back towards where it needs to be because it's broken right now. Trust in the electoral system is broken. Our president is expected to go on national TV tomorrow night to try to overturn and criticize the twenty twenty election because he lost. Members of his party come to confirmation hearings and they will not admit that he lost because they're too cowardly. That cannot be. People have to accept the truth. There are winners and losers in elections, and we should not be afraid to acknowledge that. And with that, I yield back.

I'd like to thank our witnesses for appearing before us today. Members of the committee may have some additional questions for you, and we ask that you please respond to those questions in writing. Without objection, each member will have five legislative days to insert additional material into the record or to revise and extend their remarks. If there is no further business, I thank the members for their participation. And without objection, the committee stands adjourned.