What Happens After Election Day? Canvassing, Certification and Seating Members of Congress

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Members of Congress in the House chamber
Members of Congress participate in a joint session of Congress to ratify the 2024 Presidential election at the U.S. Capitol on January 6, 2025 in Washington, DC. Photo by Chen Mengtong/China News Service/Alamy Live News

With the 2026 midterms rapidly approaching, voters across the country are preparing to make their voices heard at the ballot box. But voting is only one part of the process, and many voters wonder: “What happens after I vote?”  

After Election Day, a carefully structured and proven system of ballot canvassing, results certification and transition procedures helps ensure every vote is counted and members of Congress take office according to the will of the voters. 

Our democracy includes checks and balances to ensure that all eligible votes are counted, and election results are honored. These safeguards protect the will of the voters, ensuring their electoral choices are reflected in who ultimately holds office. 

The postelection period includes a series of legal and administrative steps to ensure that the results are accurate and officially recognized. This includes: the canvass, certification, and, for congressional races, seating. We explain each step below: 

What is the canvass? 

The canvass is the centralized process where local election officials tally all the votes cast in their jurisdiction. This includes votes cast during the early voting period, on Election Day, and by mail. This process varies a bit between states, but it often includes a comparison between the total voters who checked in at each precinct and the number of ballots processed from that precinct, a review of absentee ballots and the reasons for any rejections, and processing or review of provisional ballots and the reasons for any rejections. By the end of the canvass, officials will have an accurate count of the votes cast in each election within their jurisdiction. 

This process is well-documented and open to observers from the public, the media, and all political parties. Local election officials must complete this process by a specific deadline set by state and federal laws.  

What is certification? 

Certification is the final sign off on election results by a state or local official once the canvass is complete. To certify election results, the state or local officials designated under state law must review and approve the completed canvass and issue a certificate by a legally mandated deadline, stating that the vote tallies are true and accurate. This certification serves as legal confirmation that the reported winners received the votes attributed to them under state law.  

Importantly, certification is not optional; it is mandatory and must be completed by the deadlines established by law. If an election official fails to certify, they can be compelled to do so by a court order. 

Likewise, certification is not an opportunity to question results or attempt to resolve any potential issues or irregularities. Depending on state rules and the closeness of the race, recounts, audits or court challenges may occur before certification to address those concerns. But once the certification step is reached, it is the duty of state or local officials to simply provide an official certificate naming the winner based on the official tally. 

What happens after certification? 

For congressional elections, certification establishes who has won races for the U.S. House of Representatives and the U.S. Senate. Each state then sends its list of election winners, formally known as certificates of election, to the House and Senate. In the House, these certificates are specifically sent to the clerk, a nonpartisan official who compiles the state lists into the full roll of members-elect of the next Congress. The winning candidates then begin preparing to take office. 

How does congressional seating work?  

The outgoing Congress leaves office on January 3 of odd-numbered years, as required by the Constitution. The new Congress is typically convened on the same day, but the exact date is sometimes changed by statute, especially when January 3 falls on a weekend. Regardless of that schedule though, any election disputes that have not been resolved in the states and in the courts are handled by the new Congress, not the old one.  

The first day of a Congress is when newly elected senators and every member of the House of Representatives (including those reelected from the prior Congress) are sworn into office and begin their terms. In the House, members-elect first select a speaker of the House before everyone else is sworn in and seated. The Senate also organizes itself but only has to administer the oath to incoming members, because two-thirds of the Senate are not up for reelection each cycle.  

Voters can be confident that the rightful winners will take their seats in Congress. There are firmly established laws and procedures to ensure that the winning candidates receive their certificates of election and, in turn, are sworn into the new Congress in January. Notably, states’ postelection procedures and the court system almost always resolve election disputes before the new Congress even convenes. 

In the rare case of a genuine dispute that is not settled before January 3, Congress has well-established statutes and formal procedures for resolving election contests. This generally includes seating and swearing in members-elect with valid certificates of election, even as contested races are ultimately investigated and resolved. It is important to emphasize again that these disputes are handled by the newly elected members. The previous speaker and outgoing majority have no role in resolving election contests for the new Congress or the seating of new members. 

Why does the postelection process matter?  

The period between Election Day and a candidate taking office is a critical part of the democratic process. Through canvassing, certification and the orderly seating of elected officials, election administrators, state officials, courts and Congress each play defined roles in ensuring every vote is counted and election outcomes are honored. Taken together, these steps are essential safeguards that help maintain public confidence in our elections and protect the peaceful transfer of power. 

Eric Kashdan
Eric is the director of CLC’s federal advocacy team.
Madeleine is a Communications Associate at CLC.