Under U.S. House precedent, any member-elect can challenge the right of
any other member-elect to take the oath of office at the beginning of a new term.
The uncontested members-elect then swear in and decide the fate of those who
were forced to stand aside. If the House is closely divided and there are
disputed elections at the margins, a minority party could exploit this procedure
to try to seize control of the House.
Brian C. Kalt,
Swearing in the Phoenix: Toward a More Sensible System for Seating Members of the House of Representatives at Organization,
105 Marq. L. Rev. 1
Available at: https://scholarship.law.marquette.edu/mulr/vol105/iss1/2