Democrats won control of both chambers of Congress in the Nov. 3 midterms, reshaping negotiations over the stalled CLARITY Act and a federal framework for digital asset markets.

The election changes who will lead the next Congress, but the current Congress can still act on the bill. If it remains unfinished when this Congress ends, lawmakers would have to introduce it again.

The House passed the CLARITY Act 294–134 on July 17, 2025, with 78 Democrats voting for it. On Sept. 15, the Senate rejected cloture on a motion to proceed to H.R. 3633 by a 49–50 vote, with one senator not voting. That was a procedural vote on whether to move ahead with the bill, not a vote on its passage.

The proposal would establish a framework for regulating digital commodities through the SEC and CFTC. The House tally showed support from both parties, while the Senate vote left the legislation stalled.

Texas Rep. James Talarico won his state’s Senate race after campaigning for cryptocurrency rules aimed at curbing fraud while allowing innovation. Former Sen. Sherrod Brown won in Ohio. Brown has urged closer scrutiny of crypto markets and their risks to consumers.

Before the Senate vote, Sen. Elizabeth Warren said she favored the prospect of bipartisan crypto legislation but opposed the version before senators. Sen. Kirsten Gillibrand and six Democratic colleagues called for strong, commonsense ethics provisions concerning elected officials. After the vote, the group said, “We remain committed to working in a bipartisan fashion to get this legislation passed.”

The next Congress is due to convene Jan. 3, 2027. If the current Congress leaves the CLARITY Act unfinished, lawmakers would have to reintroduce it.

Riza Dagoc

Riza Dagoc reports on regulation, investing and the digital-asset business for TokenPost. Send corrections or tips to [email protected].