Alabama Advisory Opinions June 28, 2002: AGO 2002-272 (June 28, 2002)

AGO 2002-272.

Dear Mr. Page:

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

If the county pays a polling inspector more than the $70 per day set forth in section 17-6-13(b) of the Code of Alabama, is the absentee election manager, pursuant to section 17-10-14 of the Code of Alabama, entitled to the same pay as the inspector?

Section 17-10-14 of the Code of Alabama establishes the compensation of the absentee election manager. This section states, in pertinent part, as follows:

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fifty dollars ($50) per day, the provision of the local law or general law of local application relative thereto is superseded.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 election day officials are those officials who are appointed to work at each polling place on the day of the election. These officials include three inspectors, two clerks, and a returning officer, unless an electronic vote-counting system is used, wherein at least one inspector and three clerks are appointed. ALA. CODE § 17-6-1 (1995) & Rule 307-X-1-.10, Procedures for Electronic Vote Counting Systems .

The compensation to be paid to election day officials is set forth in section 17-6-13 of the Code of Alabama. Pursuant to subsection (a) of section 17-6-13, election officials are entitled to a minimum compensation of $50 per day. ALA. CODE § 17-6-13 (Supp. 2001). Subsection (b) of section 17-6-13 increases the minimum compensation to $70 per day with respect to election officials appointed for statewide elections. Id . This section also provides that if the compensation of election officials is set by local law or by general law of local application at an amount in excess of the minimum, that local salary shall be applicable. Id. You have informed this Office that many counties have local laws that set the compensation for the inspectors at an amount higher than the $70 per day set by section 17-6-13. For example, a local law may set the salary of inspectors at $100 per day, clerks at $70 per day, and returning officers at $85 per day. Thus, the election day officials receive a different amount of compensation, presumably based upon the duties of the position. You ask whether the absentee election manager is entitled to receive $100 per day or the same amount set by local law for the inspectors. The duties and responsibilities of the absentee election manager with respect to absentee ballots are comparable to the duties and responsibilities of the inspectors with respect to a polling place on election day. Accordingly, it is the opinion of this Office that the absentee election manager is entitled to receive the same pay per day as established by local law for the inspectors.

The absentee election manager is entitled to the same per-day compensation that election day officials receive pursuant to section 17-6-13 of the Code of Alabama. If the inspector, by local law, is paid more than the statutory minimum, the absentee election manager is entitled to the same compensation paid to the inspector.

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

70586v1/41629