US Congress Has Final Say in Contested Elections

As tight US midterm races approach recounts and legal challenges, the Constitution grants the House and Senate final authority to determine their own members. Partisan disputes and razor-thin margins could complicate control of Congress if results remain unresolved.

FILE PHOTO: The US Capitol building at night in Washington, D.C., US, September 23, 2026. REUTERS/Kylie Cooper/File Photo

The United States Congress retains final authority to seat members in contested midterm races, a power that could determine legislative control as litigation reaches 756 cases. This oversight follows a 14.3% surge in election litigation since the 2000 cycle. Lawmakers face potential partisan battles that could stall governance if margins remain slim.