The November 3, 2026, midterm elections have changed the balance of power in Washington. Democrats have won control of both the US Senate and the House of Representatives, giving them more power over new laws, government investigations, and crypto regulation.
Democrats had already opposed several crypto plans when they were in the minority.
Now that they control both chambers, could crypto rules become stricter? And will the CLARITY Act survive the political shift?
CLARITY Act Faces a New Political Reality
The Democratic Party has now secured 54 seats in the Senate, gaining seven seats, while winning an estimated 225 to 228 seats in the House. This is above the 218 seats needed for a majority.
The change comes at a difficult time for the CLARITY Act. On September 15, the bill failed to move forward in the Senate, receiving 49 votes in favor and 50 against. It needed 60 votes to pass the next stage.
However, Republicans still control the outgoing Congress and can attempt another vote during the post-election lame-duck session.
If lawmakers secure enough support, the Senate could advance the bill before January 3, 2027. The House would also need to approve it before it could reach the president.
The challenge is finding enough Democratic support. Several senators who previously participated in negotiations rejected the bill over concerns about ethics rules, illicit finance, and consumer protection. Without an agreement on these issues, another attempt could face the same obstacle.
Perhaps, if lawmakers fail to do so, the bill will need to be introduced again in the new Congress.
New Leaders Could Shape Crypto Regulation
One of the most important figures to watch is Senator Elizabeth Warren, who has repeatedly called for stricter crypto regulation. With Democrats taking control of the Senate, she could become chairwoman of the Senate Banking Committee.
Warren made her position clear before the September CLARITY Act vote, arguing that the legislation did not go far enough to protect consumers and national security.
“We need crypto regulation—but not a crypto bill written by the crypto industry.”
Further warning that the proposal could benefit powerful industry interests and President Donald Trump.
She has also previously described crypto as a “lousy investment” and a “haven for illegal activity.”
The election also delivered a setback to the crypto industry’s political campaign in Ohio. Former Senator Sherrod Brown defeated Republican incumbent Jon Husted, returning to the Senate after losing his seat in 2024.
Brown previously chaired the Senate Banking Committee and has a long record of questioning the risks associated with cryptocurrencies and stablecoins. During a 2021 hearing on stablecoins, he argued that digital assets were not a genuine alternative to traditional banking.
“Stablecoins and crypto markets aren’t actually an alternative to our banking system. They’re a mirror of the same broken system, with even less accountability, and no rules at all.”
Maxine Waters Could Challenge Trump’s Crypto Businesses
The Democratic victory in the House also puts Representative Maxine Waters in a position to regain significant influence over financial legislation. She has raised concerns about conflicts of interest involving government officials and crypto businesses.
In 2025, she introduced the Stop TRUMP in Crypto Act, which seeks to limit certain crypto activities by elected officials and their families. She has also called for stronger investor protection before Congress moves forward with the CLARITY Act.
With control of both chambers, Democrats could hold hearings, request documents, and investigate the Trump family’s crypto businesses.
Bitcoin also fell to a six-week low of $75,783 after the election results before recovering to around $78,554.
The new Congress will take office on January 3, 2027. Until then, the current Congress has a limited time to pass the CLARITY Act.
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