Max Miller Loses Reelection, Will the House Ethics Committee Investigation End When He Leaves Congress on January 3, 2027?

Status: The Associated Press has called Ohio’s 7th Congressional District for Democrat Brian Poindexter, defeating Republican Rep. Max Miller. Miller remains a sitting member of Congress until his term ends. The House Ethics Committee has announced a review of allegations but has not announced any finding that he violated House rules. All allegations discussed below are unproven, and Miller denies them.

Max Miller’s loss on November 3, 2026 and the end of his House membership are two separate legal events. Losing the election does not end the Ethics Committee’s jurisdiction. His membership ends at noon on January 3, 2027 (unless he resigns earlier), and that is the date that matters for the investigation.

Quick Facts: Max Miller and the House Ethics Investigation

Question	Answer
Did Miller lose reelection?	Yes. The AP called Ohio’s 7th District for Democrat Brian Poindexter after the November 3, 2026 election
Has Miller left Congress?	No. He remains a member of the 119th Congress
When does his term end?	Noon, January 3, 2027 (Twentieth Amendment, Section 1), unless he resigns sooner
What is the Ethics Committee reviewing?	Allegations that Miller may have engaged in domestic violence and abuse or illegal drug use
When was the review announced?	August 4, 2026
Has the Committee found a violation?	No public finding. The Committee said that announcing a review does not itself indicate a violation occurred
Did Miller deny the allegations?	Yes. He denies abusing his ex-wife or daughter and denies current illegal drug use
Who asked for the review?	Miller said the same day that he would file his own request for an ethics review to clear his name
Does the Committee have jurisdiction over former members?	Generally, no (per the Congressional Research Service)
Does the investigation automatically continue after January 3?	No. It generally ceases when the member leaves office
Can prosecutors continue?	Yes. House ethics jurisdiction is separate from criminal jurisdiction
Can civil lawsuits continue?	Yes. They are in separate courts and are not affected by the election result

1. What Happened in Ohio’s 7th District?

Max Miller, a Republican first elected in 2022, lost his bid for a third term in the Cleveland-area district to Brian Poindexter, a union ironworker and local councilman. Miller reportedly conceded late on election night. The AP’s call is separate from state certification, which Ohio election officials still have to complete.

The campaign was dominated by allegations from Miller’s ex-wife, Emily Moreno, who is the daughter of Sen. Bernie Moreno (R-Ohio). Miller denied them and stayed in the race despite calls from some fellow Republicans to step aside.

2. What Is the House Ethics Committee Reviewing?

On August 4, 2026, the House Committee on Ethics announced it was reviewing allegations that Miller “may have engaged in domestic violence and abuse or illegal drug use” in violation of the Code of Official Conduct or another applicable standard. The announcement cited Committee Rule 18(a).

Important points:

• A review, not a finding. The Committee said that investigating and publicly disclosing a review does not itself indicate that a violation occurred.
• No specific charges. The statement named broad categories of conduct, not specific incidents, dates, witnesses or a formal Statement of Alleged Violation.
• Self-requested. Miller said earlier that day he would file his own paperwork requesting an ethics investigation, saying he had nothing to hide.
• Not a confirmed formal investigative stage. The public announcement confirms a Rule 18(a) review. It does not establish that an investigative subcommittee has been formed (Rule 19). Keep that distinction in mind when reading headlines that say “investigation.”

3. The Allegations and Miller’s Denials

The allegations below come from court filings, police records and reporting. They are claims, not convictions or judicial findings.

Alleged hot-water incident. Moreno alleged in court filings that in 2024 Miller threw hot water at her. Miller has described the incident as horseplay with a kitchen sink sprayer and disputes that it could have scalded her.

Alleged assault during a custody exchange. Moreno alleged in a police report that during a February 1, 2026 custody exchange Miller pushed her against a wall. She also made other allegations, including that he once held a gun to her head. Miller denies the allegations, including the gun claim.

The daughter’s injury. In February 2026, the couple’s young daughter was diagnosed with a fractured collarbone. Moreno raised concerns that the injury happened in Miller’s care. Miller denies hurting his daughter and says he does not know how the injury occurred.

What authorities reportedly concluded. The Washington Post reported that investigators could not determine when or how the fracture occurred or who was responsible. Child-welfare officials reportedly notified Miller in April that the allegation against him was unsubstantiated, while recording an indicated abuse finding against an unknown alleged perpetrator. The Post also reported that in May 2026 prosecutors told police they lacked sufficient admissible evidence to take the matter to a grand jury, and the police report recorded “Case Closed. Prosecution Declined.”

Drug-use allegation. Public reporting tied this allegation to a conversation about needles near Miller’s bed. Miller said they related to legal testosterone replacement therapy and denied current illegal drug use, telling CNN his last use of illegal drugs was several years ago. The Committee’s statement did not identify any substance, date, test result or charge.

Other claims. Miller’s former girlfriend, Stephanie Grisham, has also accused him of physical abuse, which he denies. He sued her and Moreno for defamation, and the AP reports Grisham later sued him over an alleged breach of their settlement agreement.

Three things should never be confused: allegations, denials, and actual findings by police, child-welfare authorities, prosecutors, courts or the Ethics Committee. On the public record reviewed, Miller has not been convicted of any crime and no court or the Committee has found that he committed domestic violence, child abuse or drug offenses.

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4. What Can the House Ethics Committee Investigate?

House Rule XI, clause 3 gives the Committee on Ethics (formally, the Committee on Ethics, a standing committee) authority to investigate alleged violations of the Code of Official Conduct and of laws, rules and regulations applicable to the performance of official duties. House Rule XXIII, clause 1 requires Members to behave at all times in a manner that reflects creditably on the House, which is the hook that can reach conduct outside legislative work.

The Committee can:

• Investigate Members, officers and employees of the House
• Subpoena witnesses and records and take sworn testimony in an investigative subcommittee
• Recommend discipline, including reprimand, censure, fine or expulsion (expulsion requires a two-thirds vote of the full House)
• Report substantial evidence of a legal violation to federal or state authorities, subject to approval by the House or an affirmative two-thirds vote of the Committee

Under Committee Rule 18(a), the Committee can act on information in its possession even without a formal complaint. If it votes to establish an investigative subcommittee, the matter proceeds under Rule 19. Rule 7 imposes confidentiality obligations on Members and staff.

The Committee is not a court. It cannot convict anyone of a crime, impose a criminal sentence or decide a custody dispute.

5. Does Losing the Election End the Investigation?

No. Miller remains a Member until his term ends, so the Committee keeps jurisdiction over him. It can continue its work through November and December 2026.

When does his membership end? Section 1 of the Twentieth Amendment provides that the terms of Representatives end at noon on January 3. For Miller that is January 3, 2027, at noon, unless he resigns earlier. Losing an election does not vacate the seat, end his salary or stop the Committee’s authority.

6. What Happens on January 3, 2027?

The Congressional Research Service has explained that neither the House Committee on Ethics nor the Office of Congressional Conduct (OCC, formerly the Office of Congressional Ethics) has jurisdiction over former Members, and that an inquiry generally ceases at whatever stage it has reached when a Member leaves office (CRS Report R40760).

This is not an acquittal. A jurisdictional cutoff does not mean the allegations are false, that Miller was cleared, or that the allegations were proven. It means the House’s internal discipline machinery generally cannot act against someone who is no longer a Member.

If he resigns earlier, the same logic applies, and the cutoff date becomes the resignation date.

7. Can the Committee Still Publish Findings?

This is more nuanced than “the investigation just ends.”

• Before January 3: While Miller is a Member, the Committee can complete steps and release materials under its rules. For example, a Statement of Alleged Violation and the Member’s answer become public under Committee Rule 7(e) at the first public meeting or hearing, or are included in the final report.
• After January 3: Under CRS’s explanation, the Committee should not be expected to keep gathering evidence, conduct interviews or complete a new merits determination against a former Member.
• Historical exception: The Committee has, in at least one high-profile case, voted to release a report about a Member after that Member had resigned. In December 2024, it released its report on Matt Gaetz after he left the House. This shows the Committee can choose to publish completed work even when it no longer has jurisdiction, but it is a discretionary decision, not a requirement.
• Confidentiality: A public announcement of a review does not make the Committee’s investigative file public. Many underlying materials can remain confidential if no report is released.

Readers should not assume that all evidence will become public on January 3, or that a final public report will be issued.

8. Can Prosecutors Continue After He Leaves Congress?

Yes. The Ethics Committee’s jurisdiction has nothing to do with criminal jurisdiction. An ethics review is an internal congressional process. Closing it does not create immunity or a double-jeopardy bar.

• Existing criminal-side status. As reported by the Washington Post, prosecutors declined in May 2026 to take the child-injury matter to a grand jury, and the police case was recorded as closed with prosecution declined. That is not a finding about every allegation, and prosecutors could reconsider if new evidence emerged.
• Ohio law. Domestic violence is prohibited under Ohio Revised Code § 2919.25. Limitation periods depend on the offense level: R.C. 2901.13 generally allows two years for misdemeanors and six years for most felonies. Whether any charge is legally possible would depend on the specific conduct, evidence and timing, and no new prosecution has been announced.
• Referral route. Under House Rule XI, the Committee can report substantial evidence of a legal violation to authorities with House approval or a two-thirds committee vote. No such referral has been publicly announced for Miller. A referral would not establish guilt, and prosecutors would decide independently.

9. Can Civil Lawsuits Continue?

Yes. Civil cases are in separate courts and are unaffected by the end of a congressional term or the Ethics Committee’s jurisdiction. Reported matters include:

• Miller’s defamation lawsuits. Miller sued Moreno, her attorney and the attorney’s firm in May 2026 for allegedly false statements portraying him as abusive. A hearing was reported on September 15, 2026. He also sued Grisham, who later sued him over the settlement. Filing a suit does not establish that anyone defamed anyone; Miller would have to prove the elements of his claims, and Ohio generally applies a short limitations period to defamation.
• Moreno’s federal lawsuit. In August 2026, Moreno sued on behalf of the couple’s daughter against Miller, his attorney and the attorney’s firm, alleging that an unredacted sensitive image of the child was available in a publicly accessible online folder. The complaint reportedly cites 15 U.S.C. § 6851 and Ohio-law claims. Miller’s attorney said the unredacted image was included inadvertently, apologized, and said it was corrected. These are allegations, not findings.
• Family-court proceedings. The custody and divorce matters continue under Ohio domestic-relations law, and courts may issue civil protection orders under Ohio law independent of any criminal case.

The Speech or Debate Clause (Article I, Section 6) protects legislative acts, not private personal conduct, so it does not shield these disputes.

Docket check: public reporting confirms the filings and some hearings but not final judgments in the materials reviewed. Verify the current docket status for each case before describing any as pending or resolved.

10. What Evidence Could Become Public?

• Court records: Filings, motions, hearing transcripts and orders in public civil cases are generally accessible, but judges can seal or redact material, especially information about a minor.
• Police records: Some may be obtainable under the Ohio Public Records Act (R.C. 149.43), subject to exemptions.
• Child-welfare records: Typically confidential. Agencies may describe conclusions without releasing files.
• Ethics Committee materials: Confidential under Committee Rule 7 unless the Committee releases a report or formal document.

11. What Happens Next?

Date or stage	What it means
August 4, 2026	Ethics Committee announces its Rule 18(a) review
November 3, 2026	Miller loses to Poindexter
November 4, 2026	Miller remains a sitting Member; no public ethics finding
November to December 2026	Committee retains jurisdiction and may continue or conclude its work
January 3, 2027, noon	Miller’s term ends; Poindexter’s begins in the 120th Congress
After he leaves	Ethics jurisdiction generally ends; criminal and civil proceedings continue under ordinary law

Things to watch: a new Committee statement, creation of an investigative subcommittee, a Statement of Alleged Violation, a public report or hearing, any referral to prosecutors, any decision to release materials after he leaves, and any resignation before January 3. None of these should be described as having happened unless the Committee or a reliable source confirms it.

Frequently Asked Questions

Did Max Miller lose his 2026 election?

Yes. The AP called Ohio’s 7th District for Democrat Brian Poindexter. State certification is a separate step.

Has Max Miller left Congress?

No. Unless he resigns earlier, his term ends at noon on January 3, 2027.

Why is the House Ethics Committee reviewing Max Miller?

It announced on August 4, 2026 that it was reviewing allegations that he may have engaged in domestic violence and abuse or illegal drug use.

Has the Committee found Miller guilty of anything?

No. It has made no public finding, and it said its review does not itself indicate a violation occurred.

Did Miller request the ethics review himself?

He said on August 4 that he would file his own paperwork requesting one, and the Committee announced its review the same day.

Did Miller deny the allegations?

Yes. He denies abusing his ex-wife or daughter, denies holding a gun to her head, calls the water incident horseplay, and denies current illegal drug use.

Did investigators establish that Miller injured his daughter?

No. Reporting says investigators could not identify who caused the injury, child-welfare officials found the allegation against Miller unsubstantiated, and prosecutors declined to bring the matter to a grand jury.

Does losing the election end the investigation?

No. The Committee keeps jurisdiction while he is a Member.

Will the investigation end on January 3, 2027?

Generally yes, as an investigation of Miller. CRS says House ethics inquiries cease when a Member leaves office.

Does that mean he was cleared?

No. A jurisdictional end is not an acquittal or a finding.

Can the Committee release a report after he leaves?

It has done so once in a high-profile case (Gaetz, December 2024), but CRS says an unfinished investigation generally stops. Any release would be a discretionary decision about work already completed.

Can prosecutors investigate after he leaves Congress?

Yes. Criminal jurisdiction is separate from House ethics jurisdiction, subject to evidence and limitation periods.

Do the civil lawsuits continue?

Yes. They are in separate courts and are unaffected by the election result.

Will the Committee’s evidence become public?

Not automatically. Committee Rule 7 imposes confidentiality, and only authorized reports or formal documents are released.

Could the House discipline Miller before January 3?

In theory the Committee could complete the process and recommend action while he is a Member. No sanction has been announced.

Does the election result prove the allegations?

No. An election result is not a court judgment or ethics finding.

Final Takeaway

Max Miller’s defeat does not end the House Ethics Committee’s review immediately, because he stays a Member until noon on January 3, 2027. After that, the Committee generally loses jurisdiction and an unfinished investigation stops where it is. That is not a finding either way. The House’s internal process ending does not grant immunity from criminal law or end the civil cases in court. Until the Committee, a prosecutor or a court says otherwise, the allegations remain allegations and Miller’s denials stand alongside them.

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Sources and Legal References

1. House Committee on Ethics, statement regarding Rep. Max Miller (August 4, 2026): https://ethics.house.gov/press-releases/statement-of-the-chairman-and-ranking-member-of-the-committee-on-ethics-regarding-representative-max-miller/
2. House Committee on Ethics, Committee Jurisdiction: https://ethics.house.gov/committee-jurisdiction/
3. Committee Rules for the 119th Congress (Rules 7, 18 and 19): https://ethics.house.gov/wp-content/uploads/2025/03/Committee-Rules-for-the-119th-Congress.pdf
4. Congressional Research Service, House Office of Congressional Conduct: History, Authority, and Procedures (R40760): https://www.everycrsreport.com/reports/R40760.html
5. U.S. Constitution, Twentieth Amendment, Section 1: https://www.archives.gov/founding-docs/amendments-11-27
6. NPR, “House Ethics Committee will investigate Ohio Republican Max Miller” (August 4, 2026): https://www.wxpr.org/2026-08-04/house-ethics-committee-will-investigate-ohio-republican-max-miller
7. Associated Press, “Ironworker challenges Rep. Max Miller as the Ohio congressman fights to hold seat amid abuse claims” (October 2026): https://www.ajc.com/news/2026/10/ironworker-challenges-rep-max-miller-as-the-ohio-congressman-fights-to-hold-seat-amid-abuse-claims/
8. Associated Press, “Republican Sen. Jon Husted of Ohio says Rep. Max Miller should leave House and end fall campaign” (August 2026): https://www.ajc.com/news/2026/08/republican-sen-jon-husted-of-ohio-says-rep-max-miller-should-leave-house-and-end-fall-campaign/
9. Associated Press, U.S. House District 1 results, Ohio District 7 race call (November 4, 2026)
10. CBS News, court documents and police reports concerning allegations against Max Miller: https://www.cbsnews.com/news/max-miller-ex-wife-emily-moreno-allegations-restraining-order-lawyer/
11. The Washington Post, “Inside the police investigation into how Rep. Max Miller’s daughter got hurt” (August 21, 2026): https://www.washingtonpost.com/investigations/2026/08/21/inside-police-investigation-how-rep-max-millers-daughter-got-hurt/
12. Forbes, Max Miller attributes drug use allegations to testosterone replacement therapy (August 4, 2026): https://www.forbes.com/sites/antoniopequenoiv/2026/08/04/max-miller-attributes-drug-use-allegations-to-testosterone-replacement-therapy/
13. Associated Press, Max Miller files defamation lawsuit against his ex-wife (May 2026): https://apnews.com/article/8d504b5e4446ec12af4c0c155c252966
14. The Washington Post, Moreno federal lawsuit over publication of a sensitive image (August 12, 2026): https://www.washingtonpost.com/politics/2026/08/12/rep-max-millers-ex-wife-sues-after-sensitive-image-child-was-publicly-shared/
15. Cleveland 19, Emily Moreno files federal lawsuit (August 12, 2026): https://www.cleveland19.com/2026/08/12/emily-moreno-files-lawsuit-against-max-miller-his-lawyer-allegedly-publishing-nude-photo-daughter/
16. House Rules, Rule XI clause 3 and Rule XXIII clause 1: https://rules.house.gov/
17. Ohio Revised Code §§ 2919.25, 2901.13 and 149.43: https://codes.ohio.gov/ohio-revised-code
18. 15 U.S.C. § 6851: https://www.law.cornell.edu/uscode/text/15/6851

Disclaimer: All About Lawyer is an independent legal information website, not a law firm. This article is for informational and educational purposes only and does not constitute legal advice. The allegations described are unproven, and Max Miller denies them.