” If Franken comes short, the Democrat senate will count all the bogus ballots and then seat Franken. “
It wouldn’t be up to them. It would be the state that would have to certify the winner.
Wrong.
http://en.wikipedia.org/wiki/Louis_Wyman
He was not a candidate for reelection, but was a candidate in 1974 for the United States Senate for the six-year term commencing January 3, 1975. He was certified as elected by the State of New Hampshire by a razor-thin two-vote margin over his opponent, John A. Durkin, and was subsequently appointed on December 31, 1974 to fill the vacancy caused by the resignation of Norris Cotton for the term ending January 3, 1975, and served until that date. Due to the contested and extremely close election of November 5, 1974, the United States Senate declared the seat vacant as of August 8, 1975. Wyman was unsuccessful in a special September election to fill the vacancy, losing to Durkin.
Actually, I think in the last analysis, the Senate has the actual authority to seat whom they wish. It isn't used very much. I could be wrong, though.
http://www.c-span.org/questions/weekly93.asp
Prior to the Dornan v. Sanchez contest, the House last considered a contested election in 1985: McIntyre v. McCloskey in the 8th district of Indiana. While the State of Indiana certified the Republican, McIntyre, as the winner of the election, the House voted to seat the Democratic challenger, Frank McCloskey. A House-ordered recount gave McCloskey a 4-vote margin of victory.