Representative John Conyers is set lead a number of members of the United States House of Representatives in a challenge the 2004 vote in Ohio at a joint session of congress in which Ohio's electoral college delegation will pledge their votes to President George W. Bush. In order for the challenge to succeed, Conyers needs to be joined by one member of the United States Senate, although it is likely that no Senator (including Democrats) will support the call for an investigation. Conyers is heavily lobbying a number of Senators and asking that they join the House delegation in calling for an investigation, including Senators Carl Levin and Debbie Stabenow of Michigan. Readers who saw Michael Moore's Fahrenheit 9/11 may recall the powerful scene in which no members of the Senate would join with Representatives calling for an investigation into voter fraud in Florida in the 2000 election.

Since the election, numerous voting irregularities have been uncovered in Ohio including polls opening late, absentee ballots that never arrived, registration challenges from Republicans that dissuaded many from voting, intimidation by Republican "election observers," and long lines. Testimony at two hearings by the Ohio Election Protection Coalition in November identified 98 people who experienced some form of "voting irregularities" on election day, although that number is only a small fraction of the total number of incidents, many of which involved systemic problems with voting technology or the way the election was administered. There have even been reports of FBI and Homeland Security involvement in the election in parts of Ohio.