Bipartisan push in US House aims to block members from rejecting certified election winners

Amid growing concern among Democrats and anti-Trump Republicans that the current Republican-controlled House could block Democratic members-elect from being seated in January, lawmakers from both parties are moving to head off that possibility.

According to the Wall Street Journal on Friday (local time), Rep. Don Bacon (R-Nebraska) and Rep. Josh Gottheimer (D-New Jersey) are asking colleagues to sign a written pledge committing to accept the results of the midterm elections.

The open letter the two lawmakers drafted states that signatories oppose "any attempt to undermine free and fair elections or overturn the will of voters, and any attempt to refuse or delay the seating of a member-elect who presents a duly issued certificate of election." Signatories would also pledge to recognize election winners certified by state governments under state law, and to support the right of state-certified winners to be enrolled in the House clerk's roster on the opening day of the 120th Congress in January 2027, as required by federal law.

The effort comes as Donald Trump has spent months claiming that voting systems in some states are vulnerable to fraud. The pledge is designed to eliminate any possibility that the current House could exploit parliamentary procedures to prevent incoming members from being seated.

Article I, Section 5 of the US Constitution grants each chamber of Congress the authority to judge the elections, returns and qualifications of its own members. Under the Federal Contested Elections Act, a candidate who loses a House race may file a challenge with the House clerk within 30 days of the official certification of results by state authorities. The House Administration Committee then reviews relevant evidence — including testimony and voting records — and reports to the full House on which candidate should hold the seat, with the final determination made by a floor vote.

"I was on the House floor on January 6, 2021, when the doors were barricaded and members had to evacuate," Gottheimer said. "Given what we've been through recently, I think it's worth taking these additional steps."

Bacon said the concern nearly became reality years ago when some Democratic lawmakers considered challenging results in Iowa after the state certified a Republican victory by six votes. "We've seen these norms come under pressure before," he said. "That's why it's important to make clear on a bipartisan basis that we will follow state certifications, seat certified winners, and maintain trust in our congressional institutions."

The Wall Street Journal noted that the Trump administration has sought to expand federal control over elections and has repeatedly clashed with states, which hold primary authority over how elections are run.

Earlier this year, Scott Yenor, a senior fellow at the Heritage Foundation, a prominent conservative think tank, argued that Republican congressional leadership is under no obligation to immediately accept state-certified election results.

"Congress could refuse to seat representatives from states that lack voter ID laws or effectively allow noncitizens to vote," he said. "It could also demand new elections where voter rolls are not properly maintained."

Democrats are also preparing. House Minority Leader Hakeem Jeffries told reporters recently that his caucus is "taking every step necessary to ensure that the results of the November 3 election are actually reflected when the new Congress convenes on January 3."

Still, some analysts consider it unlikely that Republicans would use procedural tools to prevent Democrats from claiming a House majority — particularly if the election results are not close. Derek Muller, a professor at Notre Dame Law School, said such a scenario would be far-fetched absent a razor-thin outcome. "This is an extreme and almost absurd hypothetical, and normal procedures will almost certainly operate in the House," he said.

That said, the House has precedent for refusing to seat state-certified winners. In the 19th century and early 20th century, disputes arose over the seating of Southern Democratic members and Mormon representatives from Utah.

In the late 1960s, a House dispute over the seat of Rep. Adam Clayton Powell Jr., a New York Democrat embroiled in various scandals, reached the Supreme Court, which placed certain limits on the circumstances under which a duly elected member-elect could be barred from taking a seat.