[inquest]

I said he'd have to win the election. If he doesn't, it really doesn't seem to me that it would be within the Senate's prerogative to say, "Well, he would have won the election if the rules had been followed." They can't speculate like that.

[hobbes1]

No, the action would be more akin to a DQ, and when the winning horse is DQd....Who Wins?

[hobbes1]

Further Go back and read Article 1 sec.5. of the Constitution.

Section. 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members...

The Senate is the JUDGE OF ELECTIONS, RETURNS.....

[Congressman Billybob]

To the contrary, the Senate has the power to decide that Forrester "won" the election, even if New Jersey reports that Lautenberg got more votes. See the example in my earlier post where the House did that with respect to an Indiana House seat. The powers of the House and Senate over the seating of their respective members are parallel, and nearly absolute.

Billybob