Alabama Advisory Opinions June 19, 1997: AGO 1997-212 (June 19, 1997)

AGO 1997-212.

Dear Mr. Rutland:

This opinion is issued in response to your request for an opinion from the Attorney General.

Bullock County proposes to hold an election in accordance with ALA. CODE § 11-98-1, et seq ., (1975) on the question of the establishment of an emergency 911 system. The County proposes to hold this election using "volunteer" poll workers; i.e., they would not be paid as required by statute. Would such an election utilizing volunteer poll workers be a valid election?

Although your question does not indicate the specific section under which your special election will be held, we assume that it is ALA. CODE § 11-98-5 (1975). That section provides that a telephone service charge may be "authorized by a vote of a majority of the persons voting within the district, in accordance with law." The governing body of the county is authorized under ALA. CODE § 11-98-5 (1975) to "call the special election."

The law regulating special elections is found at ALA. CODE § 17-18-1, et seq ., (1975). Those sections do not deal with the question of compensation for election officers, but ALA. CODE § 17-18-7 (1975) provides that "special elections are to be held and conducted . . . and unless otherwise expressly provided . . . regulated in all respects by the provisions in relation to general elections."

ALA. CODE § 17-6-13 (1975) states:

The returning officer, the inspectors, and clerks shall each be entitled to $50.

Since this section does not require payment, it is the opinion of this office that any returning officer, inspector or clerk may, at his or her option, decline to accept the $50 to which he or she is entitled. We do not here consider the tax consequences of choosing not to receive the $50.

While only a court of competent jurisdiction can decide whether an election has been validly conducted, it does not appear that such election would be invalidated by using volunteers as election officials when the statute providing for compensation is not mandatory.

Election officials in a special election conducted under ALA. CODE § 11-98-5 (1975) are not required to accept the compensation to which they are entitled under ALA. CODE § 17-6-13 (1975).

I hope this sufficiently answers your question. If our office can be of further assistance, please contact Carol Jean Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: JAMES R. SOLOMON, JR.

Chief, Opinions Division

BP/CJS/ltp

R6.97/OP