Jim Webb and Jon Tester have won the initial count in Virginia and Montana. It is clear and indisputable that they deserve the same presumption of victory that George W. Bush received in 2000. They are the winners until conclusively proven otherwise by every method of counting and court review possible.
We have winners in Virginia and Montana. The question is whether George Allen and Conrad Burns can petition the courts and the electoral process within their states to change those outcomes.
As it stands, the Webb and Tester leads are conclusive. They will not be over taken in the regular count. The vote count shows that they have been elected as the new senators from their states.
Of course, Allen and Burns can spare their states the grief and the hassle of a recount (I believe these were the kind of words used against Gore in 2000, and I haven't even gotten to constitutional crisis), if they gracefully accept the will of the people.
Unlikely, of course. The Republicans are both sore winners and sore losers.
Also, Webb should have won by a larger margin in Virginia. There was major voter suppression by Republicans going on there. You'd think Allen would prefer not to have the scrutiny of a recount. However, he'll undoubtedly try to cheat on that too.
Here's the official statment of the DSCC:
Both Jon Tester and Jim Webb have won their races in Montana and Virginia but want to make sure that every vote is counted. We expect to have official results soon but can happily declare today that Democrats have taken the majority in the U.S. Senate.
Ah! Music to my ears.