Who puts the winners on the House's list, and could they leave someone off?
The Clerk of the House prepares the official list of newly elected members, working from state certificates of election.
The Clerk of the House puts newly elected members on the official roll under 2 U.S.C. 26. The Clerk may list only those whose credentials show they were regularly elected under state or federal law. Each state issues a certificate of election after tabulating its results and sends it to the Clerk.
What the statute says
Under 2 U.S.C. 26, the Clerk places on the roll the names of those persons, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States. The test is the credential, not the merits of the race. The statute sets no procedure for the Clerk to adjudicate a contested credential.
What happens when a certificate is challenged
House Practice states that the certificate is not essential to the administration of the oath. When an election certificate has been challenged, the House, and not the Speaker or another official, determines whether a Member may be sworn in.
More on how votes are counted and made official.
See all the questionsFrequently asked questions
Q. Who puts newly elected members on the official list that allows them to participate when the new House convenes, and could that official leave someone off?
The Clerk of the House does, under 2 U.S.C. 26, and may list only those whose credentials show they were regularly elected under state or federal law. The test is the credential, not the merits of the race. Each state issues a certificate of election after its results are tabulated and sends it to the Clerk for use in composing the roll.
Sources
- 2 U.S.C. 26, law.cornell.edu, https://www.law.cornell.edu/uscode/text/2/26 · 2026-09-26