The Constitution gives the House one instruction on the subject: “The House of Representatives shall chuse their Speaker and other Officers.” Everything else, from who presides to how many votes it takes, comes from House practice built up over more than two centuries.
The 120th Congress will convene at noon on Sunday, January 3, 2027, the date the Twentieth Amendment sets unless Congress passes a law choosing another day. Its first order of business will be electing a Speaker. This explainer covers how that works regardless of which party wins the majority.
- The Constitution says only that the House “shall chuse their Speaker”; the procedure comes from House practice.
- Congress convenes at noon on Jan. 3 unless it sets a different day by law. Jan. 3, 2027 is a Sunday.
- Members vote aloud in a roll call, naming their choice. The winner needs a majority of the votes cast for a person by name, not 218 automatically.
- Votes of “present” and absences lower the number needed, which is how Kevin McCarthy won with 216 votes on the 15th ballot in January 2023.
- Until a Speaker is elected, members-elect cannot be sworn in and the House cannot do other business.
Opening day, step by step
- The Clerk presides. At the start of a new Congress there is no Speaker yet, so the Clerk of the House from the previous Congress calls the chamber to order.
- A quorum call. Members-elect record their presence, establishing who is there to vote.
- Nominations. Each party’s conference chair typically places its candidate in nomination. Other nominations are possible.
- The roll call. The Clerk calls the names of members-elect alphabetically, and each responds aloud with the name of the person they support. Members can also answer “present.”
- The result. If one candidate has a majority of the votes cast for a person by name, that candidate is elected. The Speaker-elect is then sworn in, traditionally by the longest-serving member, and swears in the rest of the House.
The majority rule, explained
The Speaker needs a majority of the votes cast for a named candidate. That is 218 only if all 435 seats are filled and every member votes for someone. If seats are vacant, members are absent, or members vote “present,” the number drops.
In January 2023, after 14 failed ballots, six Republicans voted “present” on the 15th. That lowered the threshold from 218 to 215, and Kevin McCarthy was elected with 216 votes. In January 2025, Mike Johnson was re-elected on the first ballot with 218 of 434 votes cast, after two Republicans who had first voted for other candidates changed their votes before the result was announced.
Members are not required to vote for their party’s nominee, and the Speaker does not have to be a member of the House, although every Speaker so far has been. A plurality is not enough: if no one has a majority, the House votes again.
When it takes more than one ballot
Multiple ballots were rare for a century. Before January 2023, the last time the House needed more than one ballot was December 1923, when it took nine to re-elect Frederick Gillett. The longest contest began in December 1855 and took 133 ballots over roughly two months.
The January 2023 election ran from January 3 to the early morning of January 7. During that time, members-elect could not be sworn in, committees could not be organized, and the House could not take up any business other than electing a Speaker. The episode showed how a narrow majority gives a small group of members leverage over the outcome, a dynamic we discussed in the one-vote majority.
What could shape the 2027 vote
- The size of the majority. The narrower it is, the fewer defections the majority party can absorb. Forecasts for the new House are in our House Toss-Up rundown.
- Uncalled races. If some races are still being counted or recounted in late December, those seats may not be filled on opening day, which changes the arithmetic. See After Election Day.
- Vacancies. Deaths, resignations and appointments between November and January also change the number of members voting.
- Internal party rules. Each party chooses its nominee in a closed conference vote weeks earlier, usually in November. Those rules, and any agreements made to win support, shape the floor vote.
What the Speaker controls
The Speaker decides which bills reach the floor, appoints members to certain committees and conference committees, and leads the majority party in the chamber. The position is also second in the line of presidential succession, after the vice president. That is why the opening-day vote is about more than a title: it determines who sets the House agenda for the next two years. For what a change in House control would and would not change, see what a flipped House actually changes. The weeks between the election and that vote are covered in our lame-duck session explainer.
Frequently asked questions
When will the House elect a Speaker in 2027?
At the start of the 120th Congress, which convenes at noon on Jan. 3, 2027, unless Congress sets a different date by law.
How many votes does it take to become Speaker?
A majority of the votes cast for a person by name. That is 218 only when all 435 members vote for a candidate; vacancies, absences and "present" votes lower the number.
Who runs the House before a Speaker is chosen?
The Clerk of the House from the previous Congress presides over the opening proceedings until a Speaker is elected.
What happens if no one gets a majority?
The House keeps voting. Until a Speaker is elected, members-elect cannot be sworn in and the House cannot conduct other business. In January 2023 it took 15 ballots.
Does the Speaker have to be a member of the House?
The Constitution does not require it, but every Speaker in history has been a member.
No matter who wins on Nov. 3, the new House starts the same way: a roll call where every vote for a named candidate counts and every "present" changes the math. A comfortable majority usually makes it a formality. A narrow one can make it the first fight of the new Congress.