Who serves in Congress if election results are unknown by January 2021? (2020)

This article covers subjects specific to the 2020 general election. It has not been updated to reflect subsequent developments.
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Background

Voters may wonder what will happen if a congressional race remains unresolved past January 3, 2021, when the 117th Congress will be sworn in. In 2020, all 435 seats in the United States House of Representatives and 35 seats in the Senate are up for election. According to the Twentieth Amendment to the Constitution, the terms of U.S. senators and representatives end at noon on January 3 following the general election in which their seats are up for election.

There have been several historical cases in which the outcome of a congressional election was not resolved until after the new Congress was sworn in. For example, the 2018 race for North Carolina's 9th Congressional District was still unresolved in January 2019, and the 2008 Senate race in Minnesota remained contested until the end of June 2009.

Precedents regarding contested elections

The Senate and House of Representatives have authority over whether to swear in a candidate or to leave a seat vacant if an election is contested past January 3. Historically, the Senate and House have based this decision in part on whether the state where the candidate ran for office has certified its election results. For more information about Senate procedures in contested elections, please click here, and for House procedures, please click here.

It is a congressional precedent that, if a candidate has won the election according to the state's certified election results, that candidate will be sworn in, “even if a challenge to the election had been filed” with the congressional chamber. For example, despite an ongoing challenge to the election results, former Sen. Mary Landrieu (D-LA) was sworn in on the first day of the 105th Congress in January 1997. Her opponent, Woody Jenkins (R), filed a petition with the Senate, alleging that thousands of fraudulent votes had been cast in Landrieu’s favor. Landrieu assumed office “in accordance with the precedent under which the Senate recognizes a claimant whose election has been certified by the state.”

Congress can also decide to leave a seat vacant if certified results are still pending for an election or recount. For example, in the 2008 Senate race in Minnesota, Al Franken (D) defeated Norm Coleman (R) after a recount reversed the initial outcome of the election. Franken was declared the winner in June 2009 and was sworn in on July 7. The seat remained vacant until that point.

Next question: How do major media outlets plan to declare winners?

More frequently asked questions about the 2020 election

Click on a question below to read the answer:

• General election information
  • Who runs elections in the United States?
  • Why do states have different election rules?
  • What methods do states use to prevent election fraud?
  • Do you have to vote for everything on your ballot?
  • What happens if you mark outside the lines or use the wrong pen/pencil?
  • What is a spoiled ballot?
  • What is a write-in candidate?
  • How can I check the status of my ballot?
  • Can I take a ballot selfie?

• Presidential election
  • What happens if a presidential candidate declares victory in the 2020 election before results are final?
  • Can presidential candidates win the election if they have already conceded?
  • What are the steps and deadlines for electing the President of the United States?
  • What happens if there is a tie in the Electoral College?
  • What are faithless electors in the Electoral College?
  • What happens if a presidential nominee becomes incapacitated before the election?
  • Can members of Congress object to Electoral College results?

• Processing and counting absentee/mail-in ballots
  • What is the life cycle of an absentee/mail-in ballot?
  • What happens if I vote by mail and want to change my ballot at a later date?
  • What happens if someone votes by mail and then tries to vote in person?
  • How do states protect and verify absentee/mail-in ballots?
  • How do election workers match signatures?
  • Are results reported on election night coming from in-person or absentee/mail-in votes?
  • Do states report how many mail-in/absentee ballots are outstanding on election night?
  • Do absentee/mail-in ballots take longer to count than in-person ballots?
  • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?

• Disputing election results
  • How will election recounts work?
  • How close does an election have to be to trigger an automatic recount?
  • Can a candidate or voter request a recount?
  • Who pays for recounts and contested elections?
  • What are poll watchers?
  • What does it mean to challenge a voter's eligibility, and who can do it?
  • What is a redo election?
  • Who can file election-related lawsuits?
  • What are the reasons to call a redo election?
  • Who can call a redo election?
  • Can a redo be held for a presidential election?

• Election result reporting and certification
  • What happens if candidates declare victory in the 2020 election before results are final?
  • Can candidates win an election if they have already conceded?
  • How and when are election results finalized?
  • How do major media outlets declare winners?

• Transitions of power and taking office
  • Who is the president if election results are unknown by January 20, 2021?
  • Who serves in Congress if election results are unknown by January 2021?
  • Who serves in a state or local government if election results are unknown?
  • What happens if the winning presidential candidate becomes incapacitated before taking office?

• Articles about potential scenarios in the 2020 election
• U.S. Supreme Court actions affecting the November 3, 2020, general election

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

See also

• Twentieth Amendment to the U.S. Constitution
• Uncalled races on election night in the 2018 elections

Related articles

• Factcheck.org, "Mining the Minnesota Recount"
• The New York Times, "As November Looms, So Does the Most Litigious Election Ever"