Alabama Advisory Opinions August 07, 2000: AGO 2000-202 (August 7, 2000)

AGO 2000-202.

Dear Judge Mayhall:

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

QUESTIONS

In view of Act Nos. 2000-671 and 2000-722 and section 17-10-3(c) of the Code of Alabama, what will be the absentee election manager's compensation for absentee voting, including but not limited to on-site absentee voting, and which government or governments are responsible for such compensation? Is there any difference in compensation during the absentee voting cycle from its beginning before the election through election day, November 7, 2000?

An absentee election manager is entitled to compensation for services performed with respect to on-site absentee voting in addition to the compensation paid by the county pursuant to section 17-10-14 of the Code of Alabama. Opinion to Honorable Joyce Martin, Absentee Election Manager, Winston County, dated November 2, 1999, A.G. No. 2000-019.

Section 17-10-14 of the Code of Alabama, amended by Act No. 2000-722 and effective August 1, 2000, states in pertinent part:

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 or her duties with respect to the absentee ballots during the 45 day period prior to and on the day of the election for which his or her services are required, but such compensation shall be at least fifty dollars ($50) per day or the same pay as election day officials as referenced in Section 17-6-13. In all counties in which the compensation of absentee election managers is prescribed by local law or general law of local application at an amount in excess of the amount prescribed, the compensation of the absentee election manager shall not be increased or decreased. Those counties in which compensation of absentee election managers is set at an amount less than fifty dollars ($50) per day, the provision of the local law or general law of local application relative thereto is superseded. The 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 or her services in this regard. Any reimbursement shall be as provided in Section 17-21-1 et seq., as amended.

This section sets the absentee election manager's compensation at $50 per day or an amount equal to the amount paid to the election day officials as set in section 17-6-13. The compensation paid to the election day officials in section 17-6-13 is also $50 per day; however, this section has been amended, effective October 1, 2000, to increase the compensation paid by the State to election day officials to $70 per day for statewide elections in which the state reimburses the county for expenses as provided in section 17-21-1, et seq ., of the Code of Alabama. 2000 Ala. Acts No. 2000-671. Act No. 2000-671 provides:

(a) The returning officer, the inspectors, and clerks shall each be entitled to $50 . . . .

(b) In addition to the compensation provided in subsection (a), each returning officer, inspector, and clerk shall be entitled to compensation paid by the state to ensure that the total compensation paid to each election official shall be in an amount of at least seventy dollars ($70) per day . 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 the effective date of the act adding this subsection. The provisions of this subsection (b) shall only apply to those statewide elections for which county expenses are reimbursed by the state as defined in Chapter 21 of this Title 17 and the on-site balloting days associated therewith . The provisions of this subsection (b) shall not apply to: (1) special county or other elections held at any time other than at the time of holding statewide elections; or (2) on-site balloting days associated with such special county or other elections, including municipal elections.

Based upon Act Nos. 2000-671 and 2000-722, an absentee election manager, as of August 1, 2000, is entitled to $50 per day for duties relative to absentee ballots, and as of October 1, 2000, an absentee election manager is entitled to $70 per day for duties relative to absentee ballots with respect to statewide elections in which the county is reimbursed by the state pursuant to section 17-21-1, et seq ., of the Code of Alabama. The county is required by section 17-10-14, as amended, to pay this compensation to the absentee election manager. The State will reimburse the county for one half of the amount paid to the absentee election manager for an election in which candidates for both federal or state and county offices are nominated or elected and will reimburse the county for the total amount paid to the absentee election manager for an election in which only candidates for federal or state offices are nominated or elected. ALA. CODE §§ 17-21-1 to 17-21-3 (1995), as amended by 2000 Ala. Acts No. 2000-671.

The compensation paid to the absentee election manager with respect to on-site absentee balloting duties, which is in addition to the compensation paid pursuant to section 17-10-14 of the Code, is established pursuant to section 17-10-3(l) as follows: "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." ALA. CODE § 17-10-3(l) (Supp. 1999). Pursuant to subsection (m) of section 17-10-3, the State of Alabama will reimburse the county for all sums expended in association with on-site absentee balloting, which includes the compensation paid to the absentee election manager with respect to on-site absentee balloting. ALA. CODE § 17-10-3(m) (Supp. 1999).

The compensation paid to election day officials pursuant to section 17-6-13 is $50 per day until October 1, 2000, when the amount increases to $70 per day for statewide elections in which the county is reimbursed by the State pursuant to section 17-21-1, et seq ., of the Code of Alabama. 2000 Ala. Acts No. 2000-671. Accordingly, the county shall pay the absentee election manager $50 per day for any duties performed with respect to on-site absentee balloting. On and after October 1, 2000, however, the compensation shall be $70 per day with respect to statewide elections. The State will reimburse the county for the compensation paid to the absentee election manager for on-site absentee balloting duties.

As of August 1, 2000, an absentee election manager is entitled to $50 per day from the county for duties relative to absentee ballots, and as of October 1, 2000, an absentee election manager is entitled to $70 per day for duties relative to absentee ballots with respect to statewide elections. The State will reimburse the county for one half of the amount paid to the absentee election manager for an election in which candidates for both federal or state and county offices are nominated or elected and will reimburse the county for the total amount paid to the absentee election manager for an election in which only candidates for federal or state offices are nominated or elected.

An absentee election manager, in addition to the compensation provided pursuant to section 17-10-14 of the Code, is also entitled to $50 per day from the county for any duties performed with respect to on-site absentee balloting, and as of October 1, 2000, the compensation shall be $70 per day with respect to these duties for statewide elections. The State will reimburse the county for the total compensation paid to the absentee election manager for on-site absentee balloting duties.

I hope this opinion answers your questions. 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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