Alabama Advisory Opinions April 09, 1996: AGO 1996-177 (April 9, 1996)

AGO 1996-177.

Dear Mr. Bennett:

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

May the absentee election manager appoint individuals, including members of his or her office staff, and even unpaid volunteers, to assist in the performance of the various duties of absentee election manager?

Code of Alabama 1975, _ 17-10-2 provides for absentee election managers and reads:

"In each county there shall be an 'absentee election manager,' who shall fulfill the duties assigned by this chapter. The register of the county shall, at his option, be the absentee election manager. If the register declines such duties, the circuit clerk of the county, at his option, shall be the absentee election manager.

If neither the register nor the circuit clerk of the county assumes the duties of absentee election manager, the presiding circuit judge shall thereupon appoint an absentee election manager, who shall be a person qualified by training and experience, who is a qualified elector of the county and who is not a candidate in the election to perform the duties assigned by this chapter. The presiding circuit judge shall designate the place or office where such duties shall be performed. Such place or office shall be open on the days and during the hours as that of the register prior to each election. Any person so appointed shall have all the powers, duties and responsibilities of the clerk or register for the purposes of this chapter, including the power to administer oaths. Such powers, duties and responsibilities shall terminate at the end of the day of the election.

The absentee election manager, clerk, register or register in chancery shall be entitled to the same compensation for the performance of his duties as is provided in Section 17-10-14."

The duties of the absentee election manager regarding applications for absentee ballots, lists of absentee voter applicants, delivery and receipt of absentee ballots, and counting of absentee votes are set out in Code , __ 17-10-4, et seq . Although the provisions regarding absentee election managers do not specifically provide for these officials to appoint individuals to assist them in their duties, there is implication that they may do so.

The absentee election manager is generally the circuit clerk or the register. These officials have staff to assist them in their duties as clerks and registers. One of the duties of a clerk or register by law is serving as absentee election manager, unless they decline or are ineligible to assume this duty. Therefore, it appears that the clerk or register could appoint members of their staff to assist them in their duties as absentee election managers.

Furthermore, the performance of the duties of absentee election manager, especially in highly populated counties, in all likelihood, cannot be performed by one individual. Therefore, it is necessary for the absentee election manager to appoint clerical assistants to aid them in the performance of their duties.

This office recognized that it may be necessary for absentee election managers to have clerical assistance in an opinion to Honorable Billy Yates, Circuit Clerk and Register of Etowah County, dated November 12, 1992, A.G. No. 93-00064, when it was concluded that the cost of part-time clerical assistance may be a necessary and proper cost or expense incurred in providing absentee ballots which the county is required to pay, but it is not an expense for which the state is required to reimburse the county.

While an absentee election manager may appoint clerical assistance to assist in the performance of his or her duties, the ultimate responsibility for performing these duties, and ensuring that they are correctly and timely performed, rests with the absentee election manager.

The absentee election manager may appoint individuals, including members of his or her staff, or unpaid volunteers, to assist in the performance of the duties of absentee election manager.

I hope this sufficiently answers your question. If our office can be of further assistance, please contact James R. Solomon, Jr., of my staff.

Sincerely,

JEFF SESSIONS

Attorney General

By: JAMES R. SOLOMON, JR.

Chief, Opinions Division

JS/LKO/cw

B3.96/OP