The Demorats have already filed their court case. I guess they could withdraw it if the donkey wins. That has probably been their plan, all along, anything to keep a GOP candidate out of the seat.
I'm aware there is a current court case. It isn't a very good one and there really isn't a mechanism in it for delaying the election results. It is possible for a contest of the results to be raised after the election, but that is not something we know will happen. It certainly will not if Mondale wins.
The point remains, the winner Nov. 5 will assume the seat and all the talk about Ventura appointing anyone is likely just talk.