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DISPUTED RACES, ANSWERED

Could disputed races keep either party from a majority?

Unresolved elections can change the numbers when Congress first meets, and a majority is needed to elect the Speaker.

The short answer

Yes. The Clerk's roll lists only members-elect with credentials showing regular election under state or federal law. If disputes leave races unresolved when the new Congress meets, those seats remain empty on opening day, changing the count for each party. A majority of all members voting for a person is needed to elect the Speaker, and members cannot be sworn in until a Speaker is chosen.

Who appears on the roll when Congress meets

Under 2 U.S.C. 26 the Clerk of the previous House prepares the roll before the new Congress first meets. The Clerk places on it the names of those persons, and of such persons only, whose credentials show they were regularly elected under state or federal law. Unresolved races can change the numbers on opening day.

How the Speaker is elected

Under 2 U.S.C. 25 the Speaker is sworn in first and then administers the oath to the other members present. The winner needs a majority of all members voting for a person. Members voting present lower the number needed, because they are not voting for a person.

Under Article I, Section 5, a majority of each house constitutes a quorum to do business.

What happened in January 2023

In January 2023 electing a Speaker took four days and 15 ballots. Members-elect could not be sworn in until the 15th ballot succeeded on January 7, 2023, by 216 votes to 212 with six members voting present.

More on how votes are counted and made official.

See all the questions

Frequently asked questions

Q. Could disputes over enough House races prevent either party from having a majority when the new Congress meets or affect the election of the Speaker?

Unresolved races can change the numbers on opening day. Under 2 U.S.C. 26 the Clerk's roll lists only members-elect with credentials showing regular election. The winner needs a majority of all members voting for a person, so members voting present lower the number needed.

Explore this issue

OverviewHow votes are counted and made official In depthCan the House refuse to seat a winner from the other party? In depthCan the Supreme Court's 2000 recount ruling stop a recount in a House race? In depthCan a state legislature overturn a House election? In depthCan a secretary of state refuse to certify a House race? In depthCan officials be punished for refusing to certify? In depthCan the Speaker refuse to swear in someone who won? In depthCan a winner vote in the House before being sworn in?

Sources

  1. 2 U.S.C. 26, law.cornell.edu, https://www.law.cornell.edu/uscode/text/2/26 · 2026-09-25