Although federal elections are administered by individual states and certified by state election leaders, the U.S. Constitution designates each house of Congress as "the judge of the elections, returns and qualifications of its own members," giving legislators the ultimate authority whenever a House or Senate outcome is disputed.
Nearly six years after supporters of President Donald Trump attacked the U.S. Capitol on January 6, 2021, as Republicans attempted to overturn his 2020 defeat to Democrat Joe Biden, analysts suggest that closely contested races could trigger legal challenges starting at the state level while the two parties battle for congressional power.
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"Those within the recount or contest margin of error – the candidates, outside groups and the administration – will fight those tooth and nail," said Victoria Bassetti, senior advisor at States United Democracy Center, a nonprofit group focused on protecting free, fair and secure elections.
Litigation surrounding elections has surged following the 2000 U.S. Supreme Court ruling that decided the presidential contest between Republican George…