When can the House refuse to seat someone who won?
The Constitution allows the House to refuse seating only for specific reasons, narrowly defined by the Supreme Court.
The House may refuse to seat someone who won on two grounds: the person did not actually win or lacks a valid return, or the person fails the Constitution's qualifications. The Supreme Court ruled in Powell v. McCormack in 1969 that the House is limited to judging the standing qualifications prescribed in the Constitution, which are age, citizenship, and residency.
What the Constitution says
Article I, Section 5 makes each house the judge of the Elections, Returns and Qualifications of its own Members. That gives the House authority over whether someone won, whether the election returns are valid, and whether the person meets constitutional requirements.
The Supreme Court's limit on exclusion
In Powell v. McCormack the Supreme Court held that in judging the qualifications of its members Congress is limited to the standing qualifications prescribed in the Constitution. The Court identified those qualifications as age, citizenship and residency.
The House had excluded Powell after a select committee found he wrongfully diverted House funds and made false reports on expenditures. The Court held those findings could not support exclusion.
The Fourteenth Amendment insurrection bar
The Constitution also contains the Fourteenth Amendment's Section 3 insurrection bar. The House applied it in 1919 when it voted 311 to 1 to exclude Victor Berger of Wisconsin. Congress can lift that bar from a person by a two-thirds vote of each house.
What happens to someone already seated
Conduct by someone already seated is handled through expulsion, which requires a two-thirds vote.
More on how votes are counted and made official.
See all the questionsFrequently asked questions
Q. What legal grounds would actually allow the House to refuse to seat someone who won an election?
Two grounds: the House may judge that the person did not win or lacks a valid return, or that the person fails the Constitution's qualifications. Article I, Section 5 makes each house the judge of the Elections, Returns and Qualifications of its own Members. In Powell v. McCormack the Supreme Court held that in judging the qualifications of its members Congress is limited to the standing qualifications prescribed in the Constitution, which the Court identified as age, citizenship and residency.
Sources
- Powell v. McCormack, 395 U.S. 486 (1969), U.S. Reports (Library of Congress), https://tile.loc.gov/storage-services/service/ll/usrep/usrep395/usrep395486/usrep395486.pdf · 1969-06-16