Remember back to the widder Carnahan of Missouri. She was never elected. She was appointed to office after her husband was killed in a plane crash. Her husband remained on the ballot and as of the date of the election, he failed the residency requirements. The late governor Carnahan did not reside in the state thus was ineliglble for the office sought.
The votes he received should have been wasted votes. But Attorney General John Ashcroft decided not to to resist the unconstitutional democrat power grab and the wife took office.
The bad behavior continued with the withdrawl of the corrupt Toricelli in New Jersey. And again Republicans did not press the case into federal court.
The sad fact remains is that as long as Republicans continue to play nice with democrats, they will continue to to be rolled.
The GOP did in fact appeal the Torricelli rulings but the U.S. Supreme Court denied review.