Alabama Advisory Opinions August 10, 2006: AGO 2006-126 (August 10, 2006)

AGO 2006-126.

Dear Mr. Page:

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

With the adoption of Act 2006-327, which increases a polling inspector's pay for attending election training, and all other increases by the state or local acts, should the same increase be paid the absentee election manager as concluded in Attorney General's Opinion No. 2002-272?

Section 17-6-13 of the Code of Alabama, as amended by Act 2006-327 of the 2006 Regular Legislative Session, provides for compensation of election officials. Subsection (a) states that election officers are to receive a base compensation of $50 per day paid from the county treasury unless there is local law providing for compensation in excess of this amount.

Ala. Code § 17-6-13(a), as amended by 2006 Ala. Acts No. 2006-327. That statute also provides for further compensation of $25 per day for election officials upon the completion of a local election school.

Ala. Code § 17-6-13(b), as amended by 2006 Ala. Acts No. 2006-327.

Section 17-10-14 provides that the compensation of absentee election managers is to be at least $50 a day or the same pay as election-day officials as referenced in section 17-6-13. This Office has 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, and if an inspector, by local law, is paid more than the statutory minimum, the absentee election manager is entitled to the same compensation paid the inspector. Opinion of the Attorney General to Honorable Chris Page, Jr., Circuit Clerk, Limestone County, dated June 28, 2002, A. G. No. 2002-272.

Election officials, including each clerk, the returning officer, and the inspector, are required by section 2(b) of Act 2006-327 to receive instruction at a local election school or be certified as a qualified poll worker by the probate judge. Upon completion of the school and/or certification by the probate judge, the election officials shall receive an additional $25 per day compensation from the state.

Ala. Code § 17-6-13(b), as amended by 2006 Ala. Acts No. 2006-327.

You ask if an absentee election manager, who attends election training, can receive the additional $25 compensation.

As stated in section 17-10-14 of the Code, the compensation of an absentee election manager is tied to section 17-6-13. Where more than one Code section is involved, each should be construed in harmony with the other Code sections. Kinard v. Jordan , 646 So. 2d 1380, 1383 (Ala. 1994).

This Office has been informed that absentee election managers, in most cases, attend the local election schools and often assist in the training of the election-day officials. It is the opinion of this Office that, if an absentee election manager attends or participates in election-official training, he or she is entitled to receive the additional $25 per day compensation as provided, for the number of days allowed in section 17-6-13, as amended.

You mentioned in your request the number of days for which an absentee election manager is to be paid for work related to an election. According to section 17-10-14 of the Code of Alabama, an absentee election manger is to be paid "for the performance of his or her duties with respect to absentee ballots during the 45-day period prior to and on the day of the election for which his or her services are required. . . ."

Ala. Code § 17-10-14 (Supp. 2005). This Office concluded in an opinion to you as Circuit Clerk of Limestone County, dated November 24, 2004, A.G. No. 2005-025, that the absentee election manager is to be paid for the 45-day period before the election and for the day of the election, making a total of 46 days. With regard to the run-off election, an absentee election manager is to be paid for the number of days between the primary election and the run-off election, including the day of the run-off election. See opinion to Honorable Taylor D. Wilkins, Jr., Attorney at Law, Bay Minette, dated August 26, 1988, A.G. No. 88-00434.

An absentee election manager is entitled to the additional compensation provided by section 17-6-13, as amended, for completing or providing instruction in the election training school.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

TROY KING

Attorney General

By: BRENDA F. SMITH

Chief, Opinions Division

TK/LKW

152802v1/96729