In response to questions from U.S. Rep. Rush Holt, (D-N.J.), Pelosi said the seating of Buchanan won't affect a lawsuit filed by his rival in the contentious race, Democrat Christine Jennings, seeking to overturn the results.

Jennings in November filed suit against state elections officials contending that problems with Election Systems & Software Inc. (ES&S) iVotronic touch-screen systems used in the district gave the election to Buchanan in error. Buchanan won by 369 votes, but questions have emerged about why some 18,000 ballots recorded no votes for either candidate in the hotly contested congressional race -- even though the ballots showed votes for lesser offices.

The 18,000 "undervote" represents about 15 percent of the total votes cast in the race.

"The seating of this member-elect [Buchanan] is entirely without prejudice to the contest over the final right to that seat that is pending under the statute and will be reviewed in the ordinary course in the Committee on House Administration," Pelosi, (D-Calif.), said while presiding over the House of Representatives for the first time.

Holt, in a statement, said: "There is compelling evidence that, had all the votes been counted, the result [in Sarasota County] would have been different. It is incumbent on the House to resolve this situation and ensure that the rightful winner is seated."