Alabama Advisory Opinions August 16, 2006: AGO 2006-133 (August 16, 2006)

AGO 2006-133.

Dear Judge Ingram:

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

With reference to Act 2006-327, what is the correct amount of payment for our county poll workers?

Act 2006-327 was enacted by the Legislature and became effective on April 11, 2006. The act amended section 17-6-13 of the Code of Alabama relating to compensation of election officials and provided for further compensation for each election official upon completion of a local election school.

Act 2006-327 provides, in pertinent part, as follows:

Section 1. Section 17-6-13, Code of Alabama 1975, is amended to read as follows:

"§ 17-6-13.

"(a) The returning officer, the inspectors, and clerks shall each be entitled to base compensation of fifty dollars ($50). The compensation of the election officials shall be paid as preferred claims, out of moneys in the county treasury not appropriated, on proper proof of service rendered. In all counties in which the compensation of election officials is prescribed by local law or general law of local application at an amount in excess of the amount prescribed, the compensation of the election officials shall not be decreased under this section and the county commission may increase the compensation so prescribed. In those counties in which compensation of election officials is set at an amount in excess of five dollars ($5) per day, but less than fifty dollars ($50) per day, the provision of the local law or general law of local application relative thereto is superseded and the compensation prescribed herein shall be the total compensation of election officials in the counties.

"(b) In addition to the compensation provided in subsection (a), each returning officer and clerk shall be entitled to supplemental compensation paid by the state to ensure that the total compensation paid to each shall be in an amount of at least seventy-five dollars ($75) per day, and each inspector shall be entitled to supplemental compensation paid by the state in an amount that ensures that the total compensation of an inspector is at least one hundred dollars ($100) per day. Upon completion of a local election school or being certified as a qualified poll worker by the probate judge, or both, each clerk, returning officer, and inspector shall be entitled to receive an additional twenty-five dollars ($25) per day in compensation from the state . The increase provided for in this subsection shall not increase or decrease any salary supplement paid under a local law which is in effect on October 1, 2005. The provisions of this subsection shall only apply to those statewide elections for which county expenses are reimbursed by the state as defined in Chapter 21 of this title. The provisions of this subsection shall not apply to special county or other elections held at any time other than at the time of holding statewide elections."

2006 Ala. Acts No. 2006-327 (emphasis added).

Section 1 of Act 80-495 states as follows:

Each election official of Clay County shall receive the rate of the minimum wage for each hour, or fraction thereof, that the polls are open per day for the performance of his official duties. The county governing body of Clay County shall supplement the compensation already provided by the general law of the state with funds out of the county general fund sufficient to bring said compensation up to the amount provided for by this act; provided, however, in any municipal election in which the official serves, the supplement provided for herein shall be paid by the municipality in which such election is held.

1980 Ala. Acts No. 80-495, 768 (emphasis added). The federal minimum wage for covered nonexempt employees is $5.15 an hour. The federal minimum wage provisions are contained in the Fair Labor Standards Act. 29 U.S.C. § 201, et seq . (1989). Pursuant to Act 80-495, each poll worker should be paid $61.80 per day by the Clay County Commission. Section 17-7-5.1 of the Code of Alabama mandates that every polling place shall open for voting at 7:00 A.M. and shall close at 7:00 P.M. and shall remain open for voting for no less than 12 consecutive hours.

Ala. Code § 17-7-5.1 (Supp. 2005).

Pursuant to section 17-6-13(b), as amended, each returning officer and clerk must be paid the difference between $61.80 and $75.00 by the state. The inspector must be paid the difference between $61.80 and $100.00 by the state. If the returning officer, clerk, and inspector have completed a local election school or have been certified as a qualified poll worker by the probate judge, they are entitled to an additional $25 per day to be paid by the state. Id.

Upon completion of a local election school or being certified as a qualified poll worker by the probate judge, each clerk and returning officer shall be entitled to $100 per day, and each inspector shall be entitled to $125 per day.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Don E. Lawley of my staff.

Sincerely,

TROY KING

Attorney General

By: BRENDA F. SMITH

Chief, Opinions Division

TK/DEL

151099/94744