Alabama Advisory Opinions May 30, 2002: AGO 2002-245 (May 30, 2002)

AGO 2002-245.

Dear Judge Davis:

This opinion of the Attorney General is issued in response to your request.

Does the compensation schedule contained in Act No. 2000-460 of the 2000 Regular Session of the Alabama Legislature apply to the election officials appointed, pursuant to section 17-10-11 of the Code of Alabama, for the counting of absentee ballots?

Section 17-10-11 of the Code of Alabama provides for the appointment of election officials for the counting of absentee ballots and states, in pertinent part, as follows:

For every primary, general, special or municipal election, there shall be appointed three managers, two clerks and a returning officer, named and notified as are other election officials under the general laws of the state, who shall meet, at the regular time of closing of the election on that day, in the office of the clerk or register for the purpose of receiving, counting and returning the ballots cast by absent voters.

ALA. CODE § 17-10-11 (1995). Neither this section, nor any other section of the Code of Alabama relating to absentee voting, provides a compensation schedule specifically for these absentee election officials. Compensation for the absentee election manager is specifically authorized in section 17-10-14 of the Code of Alabama. ALA. CODE § 17-10-14 (Supp. 2001).

A minimum compensation is established for election officials (returning officers, inspectors, and clerks) in section 17-6-13 of the Code of Alabama. ALA. CODE § 17-6-13 (Supp. 2001). This section makes no distinction between election officials appointed for the absentee ballots or those appointed for each of the polling places. Counties may, by local law, establish a compensation schedule for election officials that exceeds the minimum set by section 17-6-13. Id . Act No. 2000-460 establishes a compensation schedule for the election officers holding elections in Mobile County and provides, in pertinent part, as follows:

In Mobile County, the compensation of the election officers holding general, special, primary and municipal elections shall be one hundred dollars ($100) per day for inspectors, eighty-five dollars ($85) per day for chief clerks or deputy inspectors, and seventy-five dollars ($75) per day for the other election officers.

2000 Ala. Acts No. 2000-460, 859. This Act makes no distinction between election officers serving at each polling place or election officers appointed for counting absentee ballots. Accordingly, the compensation payable to election officials is the same whether appointed for the absentee ballots or for a specific polling place.

The election officials appointed for polling places are generally referred to as inspectors, chief clerks, and other election officials, and these titles are used in Act No. 2000-460. The titles of the election officials appointed for processing absentee ballots are generally referred to as returning officers, managers, and clerks. Although these titles are not used in Act No. 2000-460, your request states the returning officers and managers for absentee ballots have, in the past, received the same salary as set for inspectors, and the clerks for absentee ballots have received the same salary as set for other election officials. This allows poll workers who perform similar duties to receive the same compensation for comparable work, although their titles may be different. Accordingly, Act No. 2000-460 authorizes the returning officers and managers for the absentee ballots to receive $100 per day and the clerks for the absentee ballots to receive $75 per day. CONCLUSION

The compensation schedule in Act No. 2000-460 is applicable to the election officials appointed, pursuant to section 17-10-11 of the Code of Alabama, for counting absentee ballots.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS

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