Not that constitutionality will stop the legislature from at least trying to declare Bevin the winner. It's clearly under consideration
https://www.courier-journal.com/story/news/politics/2019/11/06/beshear-vs-bevin-legislature-could-decide-race-senate-president-says/4174103002/Stivers said he thought Bevin’s speech declining to concede to Beshear was “appropriate.” He said believes most of the votes that went to Libertarian John Hicks, who received about 2% of the total vote, would have gone to Bevin and made him the clear winner.
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