Can a state legislature overturn a House election?
State legislatures cannot overturn a U.S. House election or appoint a different Representative.
No. Representatives are chosen by the people under Article I, Section 2, and a state legislature has no lawful mechanism to overturn a certified U.S. House result. The Constitution provides no legislative-appointment mechanism for a House seat.
How Representatives are chosen
Article I, Section 2, Clause 1 provides that the House is composed of Members chosen every second year by the people of the several states. The Constitution provides no legislative-appointment mechanism for a House seat.
What power a legislature does have
A legislature's power under Article I, Section 4 is to prescribe the times, places and manner of holding House elections, a power Congress may alter by law. It gives a legislature no power to canvass, certify or decide the winner of an individual race. That power is also subject to review by state courts under the state constitution: in Moore v. Harper, 600 U.S. 1 (2023), the Supreme Court rejected the independent state legislature theory.
Who decides a disputed House race
Certification is a ministerial duty of the canvassing officers. A dispute over who won is judged by the U.S. House under Article I, Section 5.
More on how votes are counted and made official.
See all the questionsFrequently asked questions
Q. Can a state legislature overturn a U.S. House election result or appoint a different Representative?
No. Representatives are chosen by the people under Article I, Section 2, and a state legislature has no lawful mechanism to overturn a certified U.S. House result. The Constitution provides no legislative-appointment mechanism for a House seat.
Sources
- U.S. Constitution, Article I, Section 2, Clause 1, constitution.congress.gov, https://constitution.congress.gov/constitution/article-1/ · 2026-09-26