Alabama Advisory Opinions January 12, 2004: AGO 2004-058 (January 12, 2004)

Alabama Attorney General Opinions

2004.

AGO 2004-058.

Dear Judge Davis:

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

QUESTIONS

1. Under section 17-21-1, et seq ., of the Code of Alabama, may Mobile County properly pay and then seek reimbursement from the State for expenses, such as costs for private cellular telephones used by election officials, including poll workers, if the expense was incurred while the officials were performing his or her duties during a statewide election?

2. If such is a permitted expense, can the county pay a predetermined amount (e.g., $5 per day) to the election official using their personal cellular telephone, or is the allowable amount the actual expense of the call on the cellular telephone?

FACTS AND ANALYSIS

According to your request, several polling places in Mobile County do not have telephones available for use by election officials at all hours the polls are open and operational. Some officials have no option but to use their personal cellular telephones to contact the Probate Court's Election Center or Board of Registrars when an issue arises during the course of an election. This use of cellular telephones results in an expense being incurred by the election official.

The reimbursement of counties by the state for expenses of certain elections is governed by section 17-21-1, et seq ., of the Code of Alabama, which reads as follows:

As used in this chapter, the term "expenses" shall include the following items, and no other :

(1) The per diem and mileage provided by law for election officials.

(2)The per diem provided by law for the clerk or register or other official acting in his stead for handling absentee ballots.

(3) The costs of ballots, supplies and other materials required by law to be furnished to election officials. In those counties and municipalities where voting machines are used, such voting machine shall not be considered as ballots, supplies or materials, as herein used.

(4) The costs of absentee ballots, supplies and other materials required by law to be furnished to the official handling absentee ballots.

(5) The cost of preparing and furnishing the list of qualified electors to the election officials as required by law.

Ala. Code § 17-21-1 (1995) (emphasis added). The language of section 17-21-1 of the Code of Alabama clearly indicates that the term "expenses" is not subject to broad interpretation, but is strictly limited to the specific items that are set forth. The cost of the use of private cellular telephones by election officials is not included within the definition and is not reimbursable by the State.

You have informed this Office that the county sometimes receives a bill for rent or utility costs for the use of a polling place. This expense has never been submitted to State for reimbursement. The costs for using a polling place may reasonably include the use of telephones, including cellular phones. Although this is not an expense that may be reimbursed by the State to the county as set forth above, the county may agree to pay these expenses from county funds if the county finds that these are reasonable costs of conducting the election. The county has the discretion, given the varying circumstances, to determine whether a predetermined amount will be authorized or whether actual expenses will be paid.

CONCLUSION

The term "expenses" is not subject to broad interpretation, but is strictly limited to the specific items that are set forth in the statute. The cost of the use of private cellular telephones by election officials is not included within the definition and is not reimbursable by the State. The county may, however, pay these costs from county funds.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Jerry Carpenter, Legal Division, Department of Finance.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/JC/BFS

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