Key Facts

• President Trump lost a court case about mail-in ballots and might use other strong tactics to keep Republicans in control of Congress.
• In 2020, Trump tried to claim states that Joe Biden won were stolen by alleging fraud and seeking to reassign electoral votes.
• Article I of the U.S. Constitution says each part of Congress decides who its members are, giving Congress final authority over election results for its seats.
• Trump could try to challenge close election results and influence which candidates are seated by congressional vote rather than relying solely on official state results.
• The new Congress is officially seated on January 3, 2027, when current members lose status and new members take an oath of office—this moment is key for confirming winners.
• There is concern that Republicans might put a loyal clerk in charge of preparing the official list of elected representatives, possibly creating a false list to favor their party.
• Some experts believe courts would prevent such manipulation, but others warn that political influence could affect legal decisions.
• History shows that Supreme Court justices often vote along party lines in cases about election outcomes, suggesting future election disputes could also be politically influenced.