If Scott Brown wins he has to get a certificate from the MA Sec’y of State that says he is the winner...then Dingy Harry has to seat him.
BTW, the law the Dims passed when Romney was in office says that once the election is held the seat automatically becomes open until the winner is seated. So Kirks threats are idle.
The US Senate seated Ted Kennedy in 1962, weeks BEFORE the state of Massachusett(e)s certified the winner.