Alabama Advisory Opinions May 07, 2008: AGO 2008-76 (May 7, 2008)

Alabama Attorney General Opinions

2008.

AGO 2008-76.

Dear Judge Lust:

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

QUESTION

Are county commissions required to pay judges of probate $.05 per name for the preparation of the certified list of registered voters for run-off elections?

FACTS AND ANALYSIS

Judges of probate are required to prepare lists of the qualified electors registered by precinct, district, ward, or other subdivision and deliver those lists to the election officials in each subdivision immediately preceding "every general, primary, or special election. . . ." Ala. Code § 17-4-2 (2006); opinion to Honorable Julie S. Moody, Attorney, Covington County Commission, dated January 5, 1999, A.G. No. 99-00070. Section 17-3-60 of the Code sets the rate of compensation owed to judges of probate for the preparation of these lists. This section states, in pertinent part, as follows:

The judge of probate may employ such assistants and clerical help as may be necessary to complete and properly prepare reports from the state voter registra-tion list of the list of qualified electors which the judge of probate is required to furnish a certified copy to the election inspectors. The judge of probate shall receive or such assistants shall be paid out of the county trea-sury by warrants, drawn by the county commission on certificate of the judge of probate, accompanied by the certificates of the person being paid, showing the amount due under the provisions of this chapter, but the entire amount spent for the preparation of such lists shall not exceed a sum equal to the amount obtained by multiplying the number of names on the list by five cents ($.05) for the preparation of such list. . . .

Ala. Code § 17-3-60 (2006) (emphasis added).

This Office addressed a similar question regarding compensation of pro-bate judges in the Moody opinion. It reached the following conclusion:

Upon proper certification, the pro-bate judge is entitled to receive $.05 per name for preparation of the voter list for the primary and general election without regard to whether the probate judge is com-pensated on the fee system or a salary system. Whether the probate judge is entitled to compensation for the voter list provided to the absentee election manager depends upon whether the probate judge actually pro-vided a separate list for the absentee election manager.

Moody at 4 (emphasis added). Pursuant to this opinion, judges of probate are entitled to compensation for preparation of the voter list for primary and general elections.

You ask whether judges of probate are entitled to compensation for prep-aration of the voter list for run-off elections. Concerning the preparation of multiple lists, this Office has stated as follows:

In a previous opinion concerning whether a pro-bate judge is entitled to compensation for providing more than one list, this Office stated that when the pro-bate judge is authorized to provide two separate lists, but makes copies of the list, he is entitled to compen-sation for only one list; however, if the probate judge actually prepares two separate lists, he is entitled to compensation for both lists .

Moody at 4, citing opinion to Honorable Clyde Teas, Winston County, dated May 15, 1964 (emphasis added).

Based on the foregoing, if the probate judge did not make a copy of a pre-vious list but actually prepared and provided a separate voter list for the run-off election, the probate judge would be entitled to compensation for the additional run-off list upon proper certification.

CONCLUSION

Judges of probate are entitled to receive $.05 per name for preparation of the certified list of registered voters for run-off elections if the judge actually prepares and provides a separate list.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Noel S. Barnes of my staff.

Sincerely,

TROY KING

Attorney General

By:

BRENDA F. SMITH

Chief, Opinions Division

TK/NB

394841/118073