GOP lawyers say Paul Kirk will no longer be a [Massachusetts]senator after election day.

Fred Barnes In The Weekly Standard "If Brown wins narrowly and a recount is being conducted, Democratic lawyers might claim that he hasn’t been “duly elected.” Republican attorneys believe, however, that a candidate has actually been elected, though it won’t be clear who that is until the recount is completed. In Massachusetts, a recount can occur if the margin of victory is less than half a percent of the total vote."