In NO state where that Senator was elected, can a voter be sure that his or her active abstain vote will be counted as an abstain vote. Thus, we have a remnant of the European aristocracy mentality still in our political system: the elected have more rights than those who elected them. The perverse among us even try to count abstain votes as votes for themselves.
A voter who casts a ballot with no candidates marked for a given office has cast a legal abstain vote. For example, casting a ballot with no candidates marked for the office of County Judge.
The people that count the votes, such as Sec. Katherine Harris in Florida, do not count abstain votes as abstain votes, they count them as "machine rejected," "unmarked," "Dimpled or hanging chads," or the libs favorite: "undervotes." It is an unsolved mystery why election officials choose to ignore the obvious will of the voter.
In the 2000 National Election, there were 2,800,000 voters who actively voted to abstain, and NONE of their votes were counted as abstain votes. They voted for "none of the above" just like U.S. Senators do, the difference was that NONE of the legally cast abstain votes were counted as abstain votes in Florida, or any other State.