Alabama Advisory Opinions November 02, 1999: AGO 2000-019 (November 2, 1999)

AGO 2000-019.

Dear Ms. Martin:

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

What is the correct amount of compensation payable to the absentee election manager for each day worked during the appointed period, particularly given the language of Act No. 99-388?

Act No. 99-388 (approved by the Governor on June 9, 1999, and precleared by the United States Justice Department on August 18, 1999) amended several provisions of law relating to absentee voting, including on-site absentee voting. The absentee election manager is assigned numerous duties with respect to on-site absentee voting, including instruction, training, and coordination of all aspects of on-site absentee balloting. 1999 Ala. Acts No. 99-388, Section 1. Section 17-10-3(l), as amended by Act No. 99-388, provides:

(l) On-site absentee ballot election officers, including the absentee election manager, shall be compensated for their services as provided in Section 17-6-13 or as otherwise provided by law.

(m) The State of Alabama shall reimburse the Office of Voter Registration, each county, and each municipality for all sums expended by the office and the respective county and municipality for costs associated with advertising, conducting, processing, and remittance in relation to on-site absentee balloting.

Id .

Section 17-6-13 of the Code of Alabama, referred to in section 17-10-3(l), as amended, prescribes the compensation for all election officers except the absentee election manager. Section 17-6-13 states:

The returning officer, the inspectors, and clerks shall each be entitled to $50. The several claims 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 increased or decreased. Those counties in which compensation of election officials is set at an amount in excess of $5 per day, but less than $50 per day, the provision of the local law or general law of local application relative thereto is superseded and the compensation prescribed shall be the total compensation of election officials in the counties.

The compensation of the absentee election manager is set pursuant to section 17-10-2, which states: "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."

ALA. CODE § 17-10-2 (1995). Section 17-10-14 states:

The county commission shall determine the amount of compensation to be paid to the absentee election manager or other absentee election manager for the performance of his duties with respect to the absentee ballots during the 45 day period prior to and on the day of the election for which his services are required, but such compensation shall not be less than $15.00 nor more than $25.00 per day. Such an amount shall be the total compensation allowed the absentee election manager for duties relating to absentee ballots in all elections held on the same day and shall be paid from the county treasury, except in case of a municipal election held at a time different from a primary or general election, in which event payment shall be made from the city or town treasury. However, no municipal employee shall be compensated for his services in this regard.

This Office has previously held that section 17-10-14 authorizes the absentee election manager to be paid for the performance of his duties for the forty-five (45) day period prior to an election and on the day of the election, even though the absentee election manager may be appointed 90 days before the date of the election. Opinion to Honorable John Bobby Green, Circuit Clerk, Blount County, dated August 6, 1987, A. G. No. 87-00277.

Act No. 99-388 does not repeal section 17-10-14 and, in fact, makes no reference to section 17-10-14. Since section 17-10-3(l), as amended by Act No. 99-388, provides compensation for election officers, including the absentee election manager, only with respect to on-site absentee voting, an absentee election manager is entitled to $50 per day for services performed with respect to on-site absentee voting, for which the State will reimburse the county. This compensation is in addition to the $25 per day compensation provided to the absentee election manager pursuant to section 17-10-14. The actual number of days in which the absentee election manager may be paid the $50 depends upon the number of days in which services were performed with respect to on-site absentee voting.

An absentee election manager is entitled to $50 per day for services performed with respect to on-site absentee voting in addition to the $25 per day compensation paid by the county pursuant to section 17-10-14 of the Code of Alabama.

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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