You can’t recall a U.S. Senator, but the Senate can judge him not to have been elected and thus exclude him from the Senate, even after he is sworn in, if there’s an election challenge. While the Senate may have some internal rule that forecloses election challenges after a certain time has elapsed, certainly nothing in the Constitution would prevent the Senate from excluding Tester upon evidence of voter fraud.
However, I wouldn’t hold my breath here. We’ll have to wait until 2012 to win back Tester’s seat (unless he suffers a debilitating stroke, in which case we won’t even challenge his reelection).
And, of course, it’s unlikely the Dems would expel one of their members under any circumstances. Yet, they’ll expel Republican Senators like Lou Wyman of NH (in 1975), who was duly certified by the Sec of State, all because they didn’t LIKE the results. Ditto that with seating Frank McCloskey on the House side in 1985, despite having lost the election to the Republican. It’d be nice to be as ruthless as the Democrats with stealing elections and ousting duly elected members (hell, my state Dems just did it over the weekend with the lady that cast the deciding vote for the GOP Senate Speaker, and denied her a slot on the Nov ballot despite having been duly certified the primary winner).
Zing! .... :(