Democrats Win the House and Senate, AP Calls. What Divided Government Means for Trump's Final Two Years: Vetoes, Subpoenas, Nominees and a December Funding Deadline

What's been called. Democrats will control both chambers of Congress for the last two years of President Trump's term. The Associated Press called the Senate for Democrats late Tuesday night and the House early Wednesday morning (AP via PBS; AP via PBS). NBC News and CBS News project the same result in both chambers. Many races are still being counted, so every number below is a projection or a count as of about 6 a.m. Eastern Wednesday.

The Senate. NBC News' count had Democrats at 54 seats and Republicans at 44, with Alaska and Mississippi not yet called (NBC News). NBC's 54 includes the independents who caucus with Democrats. Before the election, Republicans held 53 seats (CBS News). The AP reports Democrats flipped seven Republican-held seats:

• Iowa: Josh Turek defeated Rep. Ashley Hinson.
• Kansas: Adam Hamilton defeated Sen. Roger Marshall, becoming the state's first Democratic senator since 1932.
• Maine: Troy Jackson defeated Sen. Susan Collins.
• North Carolina: Roy Cooper won the open seat.
• Ohio: Sherrod Brown defeated Sen. Jon Husted in the special election.
• South Carolina: Annie Andrews defeated Darline Graham.
• Texas: James Talarico defeated Ken Paxton.

Democrats also held Georgia (Sen. Jon Ossoff), New Hampshire (Rep. Chris Pappas) and Michigan (Abdul El-Sayed), according to AP and CBS. In Alaska, Republican Sen. Dan Sullivan led Democrat Mary Peltola 48.5% to 47.7% with about 72% counted. Alaska ranks candidates, and its final tabulation comes later. The Justice Department has also sued over certification there. Mississippi was tied at 48.9% each with about 96% counted, per NBC.

The House. By about 6 a.m. Eastern, NBC had called 231 seats for Democrats and 144 for Republicans, with 60 still uncalled. Its Decision Desk estimates Democrats will finish with about 258 seats to 177 for Republicans, and says that number could move a few seats either way (NBC News). It takes 218 seats to hold a majority. According to the AP, Democrats passed 218 when Johnny Garcia won Texas' 35th District (Anadolu Agency, citing AP). Republicans went in holding 218 seats to Democrats' 214, CBS reported. For why the last races can take days, see our explainer on race calls.

What doesn't change yet. The current Congress, with Republican majorities in both chambers, comes back for a lame-duck session. Speaker Mike Johnson and Senate Majority Leader John Thune stay in charge until the new Congress is sworn in at noon on Jan. 3, 2027, the date the 20th Amendment sets (National Archives). The new House then elects its speaker. House Democratic Leader Hakeem Jeffries is "in line to make history as the nation's first Black speaker of the House," the AP reported. Senate Democrats haven't held leadership elections yet.

What divided government changes, starting in January:

• Oversight and subpoenas. House rules let committees issue subpoenas for testimony and documents (House Rule XI, cl. 2(m)). The majority chairs every committee, so Democrats will decide what gets investigated. According to the AP, party leaders "have signaled they'll use a foothold in Congress" to investigate top administration officials, naming Defense Secretary Pete Hegseth and Elon Musk as possible targets, and impeachment "is not off the table." The House can impeach by simple majority. Removing an official takes two-thirds of the Senate (Constitution, Art. I, Sec. 3).
• Confirmations. The Senate confirms Cabinet officers, federal judges, U.S. attorneys and other nominees (Senate.gov). Since rule changes in 2013 and 2017, a simple majority can end debate on any nomination, Supreme Court nominees included (CRS R43331; CRS R44819). That rule helped Republicans confirm nominees quickly. Now it helps the Democratic majority, which will run the Judiciary Committee and the floor schedule. CBS put it this way: "With the majority, Democrats can block the president's nominees and control what measures receive votes on the floor."
• The veto, and the override math. To override a veto, two-thirds of each chamber has to vote yes (Constitution, Art. I, Sec. 7; Senate.gov). With every member voting, that's 290 in the House and 67 in the Senate. On the projections above, Democrats would need about 32 House Republicans and, depending on how Alaska and Mississippi go, 11 to 13 Senate Republicans. The other side of that math: to sustain a veto, Trump needs only 146 House members or 34 senators, and Republicans are projected to hold more than that in each chamber. In practice, bills that become law will need the president's signature or a lot of Republican votes.

The deadlines both parties face. Government funding runs out Dec. 11, when the current continuing resolution expires. Congress has to pass full-year spending bills or another short-term extension, or agencies start to shut down (Holland & Knight; CSIS). The annual defense policy bill, the NDAA, hasn't passed yet either. The House passed its version 216-212 on July 22. In the Senate, a July 14 vote to take up its version fell short, 50-46, and the bill hasn't come back to the floor (CRS). Negotiators are working toward a compromise for the lame duck. CSIS counted 22 Senate and 20 House session days left in the year. Other items with year-end deadlines include highway programs, parts of the farm bill and several health programs, per Holland & Knight.

Both parties' leaders have spoken. Here's what each side says the result means.