NORTH CAROLINA -- When it comes to who gets a seat in Congress, it is Congress itself that gets the last word.

• Regardless of what the North Carolina Board of Elections decides to do when it comes to the 9th district congressional race, the election may not be over.
• Under the Federal Contested Elections Act, which dates back to the 1960s, McCready has 30 days after the certification of the race to lodge his complaint.
• Ultimately, a House committee gets to recommend what to do: seat the winner, seat the loser, or declare a vacancy, sparking a new election.

That means that, regardless of what the North Carolina Board of Elections decides to do when it comes to the 9th district congressional race, the election may not be over.

"No matter what the state decides, Congress can take this issue up and make a different decision," said Steven Billet, the head of the legislative affairs program at The George Washington University.

Billet says if the state board certifies the election in favor of Mark Harris, for example, Dan McCready could petition Congress to intervene. 

Under the Federal Contested Elections Act, which dates back to the 1960s, McCready has 30 days after the certification of the race to lodge his complaint, making the case that he lost the race because of voter irregularities.

A House committee made up of lawmakers would then evaluate the claims. The burden of proof rests with McCready.

"[Congress has] overturned the decisions of certified elections in other states," Billet said.

Harris would have a chance to respond to the accusations. In the meantime, the House could ask him to temporarily stand aside while the review is underway.

Ultimately, the committee gets to recommend what to do: seat the winner, seat the loser, or declare a vacancy, sparking a new election. The full House then votes on that recommendation. A simple majority is required.

With Democrats set to take control of the House starting in January, they would be in charge of this process. As a result, Billet says, if this were to happen, it could devolve into a partisan fight.

"This is going to be characterized by Republicans as heavy handed action on behalf of the Democrats if they indeed decide to deprive Mark Harris of the seat," Billet said.

In addition to McCready, another member of Congress could also call for an investigation into the North Carolina race, though typically it is the "loser" that petitions for an evaluation.

For now, all eyes remain on the state board and what, if anything, they decide to do.

To read more about the Federal Contested Elections Act, click here.