Alabama Advisory Opinions July 22, 2002: AGO 2002-291 (July 22, 2002)

Alabama Attorney General Opinions

2002.

AGO 2002-291.

Dear Mr. Perdue:

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

QUESTION

May the Baldwin County Commission determine the amount of compensation to be paid to the absentee election manager, for either statewide and/or local elections, in such amount as set forth in and pursuant to Act No. 92-670 (an amount not less than $50 and not more than $100 per day)? FACTS AND ANALYSIS

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fifty dollars ($50) per day, the provision of the local law or general law of local application relative thereto is superseded.

ALA. CODE § 17-10-14 (Supp. 2001) (emphasis added).

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 Baldwin County has a local law that establishes the compensation of poll workers, but there is no local law establishing the compensation for the absentee election manager. The local act with respect to the poll workers provides as follows:

Section 1. In Baldwin County each poll worker shall receive compensation in the amount of not more than one hundred dollars ($100) per day nor less than fifty dollars ($50) per day payable out of the general fund of the county as set by the county commission from time to time. The compensation shall be in lieu of any and all prior or subsequent compensation provided by law.

1992 Ala. Acts No. 92-670, 50. Pursuant to this Act, on June 2, 1998, the Baldwin County Commission approved the compensation of poll workers as follows: $75 per day for precinct clerks and $100 per day for precinct inspectors.

Section 17-10-14 authorizes the county commission to set the compensation of the absentee election manager at $50 per day or the same as the pay for election day officials, which are those officials set forth in Act No. 92-670. As stated above, the county commission set the compensation for the election day officials at $75 per day for precinct clerks and $100 per day for precinct inspectors. Thus, the county commission must pay the absentee election manager the same compensation as the election day officials. The question is whether that compensation must be set at $75 per day or $100 per day. In a recent opinion issued to Honorable Charles Page, Jr., this Office determined that 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. Opinion to Honorable Charles Page, Jr., Circuit Clerk, Limestone County, dated June 28, 2002, A.G. No. 2002-272. That opinion stated:

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. Id . at 3. Accordingly, the compensation for the absentee election manager for Baldwin County must be set by the county commission at $100 per day, which is the compensation established for the precinct inspector.

CONCLUSION

The absentee election manager in Baldwin County is entitled to the same per-day compensation that the precinct inspector receives, which is set by the county commission pursuant to Act No. 92-670.

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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