Unconstitutional. A senate is for a term of six years, then that seat MUST be elected by the people.
If the torch resigns now, or later within a thirty day window of the general election, then the appointment would only be until Jan 2003. Since they missed the 51 day window, they cannot replace Torch with another candidate like Bradley or Laughtenburg. I believe Torch's name will remain on the ballot, kind of like Carnahan's was during 2000 election. If Torch should pull out a victory, then the Gov will appoint the vacancy until next general election.
But you better believe, if the Torch should pull out a victory, he will claim the seat.