October 2, 2026 Guide to Congressional Seating

The 2026 midterms have brought attention to the process for seating new members of Congress. The U.S. Constitution gives each chamber of Congress the power to judge the elections, returns, and qualifications of its members. This power is almost always exercised through a widely accepted process in the House and Senate, with each chamber seating the certified winners of state-administered federal elections without issue. This process includes a series of well-established procedures: voters cast ballots for the candidates of their choice; local election officials count ballots through the process set out by state law; state officials certify the results and transmit the certificates of election for the members-elect to the appropriate House and Senate officials; the appropriate House or Senate official prepares a roll of members-elect; and members are sworn in pursuant to federal law, House and Senate rules, and traditional practices. 

What follows is a guide to the standard process for seating House and Senate members and the traditional mechanisms for resolving extended disputes about the proper winners.