Alabama Advisory Opinions January 05, 2001: AGO 2001-065 (January 5, 2001)

Alabama Attorney General Opinions

2001.

AGO 2001-065.

Dear Mr. Jones:

This opinion of the Attorney General is issued in response to your request on behalf of the Pike County Commission.

QUESTION

Under Act No. 2000-672; section 17-21-1; et seq ., of the Code of Alabama; and Attorney General's Opinion No. 2000-202, what is the State of Alabama's obligation to compensate election officials and reimburse a county for such compensation? FACTS AND ANALYSIS

Act No. 2000-671 revised the scheme for compensation to be paid to election officials, effective October 1, 2000. 2000 Ala. Acts No. 2000-671. This Act amended sections 17-6-13, 17-21-2, and 17-21-4 of the Code of Alabama. Section 17-6-13 now 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.

ALA. CODE § 17-6-13 (Supp. 2000) (emphasis added).

Sections 17-21-2 and 17-21-4 require the State to reimburse the county for election expenses incurred in what is commonly called statewide elections. These sections, as amended by Act No. 2000-671, provide as follows:

Except as provided in Section 17-6-13(b), the State of Alabama shall reimburse a county for one half of all sums expended by the county in payment of expenses incurred in holding and conducting an election in which candidates for both federal or state and county offices are nominated or both federal or state and county officials are elected.

ALA. CODE § 17-21-2 (Supp. 2000).

Except as provided in Section 17-6-13(b), the State of Alabama shall reimburse a county for one half of all sums expended by the county in payment of expenses incurred in holding and conducting an election at which both amendments to the Constitution affecting one or more counties or subdivisions thereof and amendments affecting the State of Alabama as a whole are voted upon.

ALA. CODE § 17-21-4 (Supp. 2000).

Pursuant to subsection (a) of section 17-6-13, election officials are entitled to a minimum compensation of $50 per day. Subsection (b) of section 17-6-13 increases the minimum compensation to $70 per day with respect to election officials for statewide elections. The additional amount necessary to make the compensation equal to $70 is to be paid by the State. Before the enactment of Act No. 2000-671, the State reimbursed the county for one-half of all sums expended by the county in payment of expenses incurred for holding statewide elections. After passage of Act No. 2000-671, the State must continue to reimburse the counties for one-half of these sums. The State, however, must provide full reimbursement for the additional compensation that must be paid pursuant to subsection (b) of section 17-6-13.

These provisions were discussed in a previous opinion to Honorable Carlton W. Mayhall Jr., Circuit Judge, 25th Judicial Circuit, A.G. No. 2000-202, which addressed compensation for absentee election managers. That opinion, however, did not clearly specify that the additional compensation provided in subsection (b) of section 17-6-13 was to be reimbursed by the State.

CONCLUSION

The county is entitled to full reimbursement from the State for the additional compensation provided by section 17-6-13(b) 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

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