MEDIATION AND POST-ELECTION LITIGATION litigate a post-election dispute. 19 Election law scholars analyzing the effectiveness of administrative remedies point to partisanship of election administration in most states negatively impacting the integrity of and public's confidence in elections as serious challenges these bodies face. 20 No doubt in homage to the idea that courts should steer clear of political disputes, 21 some state statutes require state legislatures to settle certain postelection disputes. Legislative branch involvement is typically restricted to elections for specified offices of distinct importance, such as govemor. 22 Akin to the power conferred on Congress by Article 1, Section 5 of the U.S. Constitution, which grants to Congress the power to judge the elections and qualifications of its members, some states similarly grant power to state legislatures to resolve certain election disputes. Alabama statute, for example, mandates that its general assembly serves as a tribunal to resolve disputes in elections for a wide range of offices.23 Likewise, Colorado state statutes charge its general assembly with resolving contests concerning elections of certain state officers.24 Of states that rely on the judiciary to resolve election disputes, some have established alternative quasi-adjudicative procedures for certain election disputes. In lllinois, for example, all election disputes are fast-tracked 19 See, e.g., R.I. GEN. LAWS§ 17-7-5(a)(11)(2011). 20 Daniel P. Tokaji, The Persistence of Partisan Election Administration, ELECTION LAW @ MORITZ (Sept. 28, 2010), http://moritz1aw.osu.edu/electionlaw/comments/index.php?ID=7645. 21 See infra notes 65-69. 22 KY. REv. STAT. ANN.§ 120.205 (LexisNexis 2011); 25 P.A. STAT. ANN. § 3312 (West 2011); S.C. CODE ANN.§ 7-1-50 (2011); V.A. CODE ANN.§ 24.03-804 (2011); W. VA. CODE§ 3-7-2 (LexisNexis 2011). 23 ALA. CODE § 17-16-65 (2011). "The two houses of the Legislature, in joint convention assembled, and presided over by the Speaker of the House of Representatives, shall constitute the tribunal for the trial of all contests for the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries, justices of the Supreme Court, or judges of the courts of appeals .... " 24 CoLO. REv. STAT. ANN §§1-11-205, 207 (West 2011). Colorado's statutory scheme instructs that the senate president will preside over a meeting of the general assembly at which testimony from the contestor will be heard, along with the contestee. The parties' lawyers may then offer arguments, followed by debate among the general assembly concluding with a vote. Steven Huefner observes that "letting majoritarian institutions resolve questions about the majority's will in an election contest may be appropriate." Steven F. Huefner, Remedying Election Wrongs, 44 HARV. J. ON LEGIS. 265, 321 (2007). For an argument advocating against state courts interfering with Congress' roie in U.S. Congressional elections, see Kristen R. Lisk, The Resolution of Contested Elections in the U.S. House of Representatives: Why State Courts Should Not Help with the House Work, 83 N.Y.U. L. REv. 1213 (2008). 329 HeinOnline -- 27 Ohio St. J. on Disp. Resol. 329 2012

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