What if some races are still in dispute on January 3?
Each race moves on its own track, and the House keeps final say over who sits in Congress.
When the new Congress convenes on January 3, members-elect who have credentials showing they were regularly elected go on the Clerk's roll under 2 U.S.C. 26, even if other races are still in dispute. Each race moves independently, and the House keeps the final judgment on who won each seat.
Who takes the oath on January 3
Before the new Congress first meets, the Clerk of the previous House lists as Representatives-elect only those whose credentials show they were regularly elected under state or federal law. Anyone with regular credentials goes on the roll. The others wait.
The House has the final word
Article I, Section 5 makes each house the judge of the elections, returns and qualifications of its own members. Courts may make sure a state carries out its own recount and election procedures, but they cannot second-guess the House's final decision on who won a seat.
How a formal contest works
A formal contest of a Member's election runs under the Federal Contested Elections Act. The contestant has 30 days after the answer is served to take testimony, the contestee then has 30 days, and the contestant may take rebuttal testimony within 10 days after that. The committee then hears the case on the papers, depositions and exhibits filed, plus the parties' briefs, not on live courtroom testimony.
More on how votes are counted and made official.
See all the questionsFrequently asked questions
Q. What happens if several congressional elections are still being recounted or contested when the new Congress convenes on January 3?
Each race moves on its own track: members-elect with credentials showing regular election go on the Clerk's roll under 2 U.S.C. 26, and the House keeps the final judgment. Before the new Congress first meets, the Clerk lists as Representatives-elect only those whose credentials show they were regularly elected under state or federal law.
Sources
- 2 U.S.C. 26, law.cornell.edu, https://www.law.cornell.edu/uscode/text/2/26 · 2026-09-25