The people have voted. Kirk is no longer senator.
Reid may stall and not let Brown vote--Article I, Sec. 5 says that "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members..." Reid and the Democratic majority in the Senate could refuse to seat Brown, period, although to put anyone else in there they'd have to have collusion from Massachusetts government officials, and be willing to ignore the anger of the American people. They've already shown they have contempt for public opinion, but some of those up for re-election may shy away from hardball tactics.
Some of the people have voted. Until such a time that all the votes are counted, the election is ongoing. By statute as prescribed by MA law, the counties have 10 days to receive absentee ballots, and to count them.
"Reid may stall and not let Brown vote--Article I, Sec. 5 says that "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members...""
Reid could only stall up to the time that the election is certified. Then, because of a Supreme Court decision called Powell v. McCormack (sp?), this challenges are justiciable, and Brown would prevail in an expedited ruling, forcing Reid to seat Brown, and probably ending in a Constitutional crisis. The only cases brought based on the Powell ruling have been rendered moot because the Legislature always blinks before the case can be heard.