Key facts
- Congress has the final say on seating members when election results are contested.
- The US Constitution grants each chamber the power to judge election returns and qualifications.
- Election litigation has significantly increased since 2000.
- House challenges are handled by the House Administration Committee; Senate challenges go to the Senate Rules Committee.
- Contested seats can remain vacant, potentially impacting chamber control and organization.
- The House has a long history of contested elections, with a record 38 in 1895.
In US midterm elections, the final decision on seating members of Congress rests with the House and Senate themselves, according to the Constitution. This power could become significant if close races determine control of either chamber, potentially leading to extended delays and vacant seats. Federal elections are managed by states, but Congress holds the ultimate authority to judge election returns and member qualifications. Election litigation has seen a substantial increase in recent decades, with a record number of cases filed in the 2023-2024 cycle. Challenges in the House are reviewed by the House Administration Committee, while Senate challenges go to the Senate Rules Committee. Historically, both chambers have dealt with numerous contested elections, with some Senate seats remaining vacant for months.