South Carolina Advisory Opinions May 12, 1993: Opinion inquiring if the Commission should be required to pay for managers to conduct special elections.

Advisory Opinion Text

The Honorable Irene K. Rudnick
Member, House of Representatives
Box 544
Aiken, South Carolina 29802

Dear Representative Rudnick:

Attorney General Medlock has referred your recent letter to me for reply. You have enclosed a letter from James F. Hendrix, Deputy Director of the State Election Commission which states that the policy of the State Election Commission is that the Commission cannot pay for managers to conduct special elections. You have inquired if the Commission shouldn't be required to pay for these managers.

I have talked to Mr. Hendrix and he has informed me that it has always been the policy of the State Election Commission to not pay for managers of special elections.

S.C. Code Ann. §7-23-10 ( 1992 Supp) states in part that " [m]anaqers and clerks of general elections shall receive a per diem as is provided in the annual State General Appropriation Act." [Emphasis added] In the absence of a statute to the contrary it would appear that expenses for a special election, not being otherwise provided for, would fall under the expense payable by the County. S.C. Code Ann. §7-23-40 (1976) provides that

[t]he governing bodies of the several counties shall audit and pay all accounts for necessary expenses incurred by the commissioners and managers of election for stationery, the making of election boxes, rents and similar expenses in elections held in this State . (Emphasis added)

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It cannot be said that the policy of the Commission is incorrect in that State law does not require the Commission to pay for managers in special elections. The State is specifically required to pay for managers in general elections only.

Vary truly yours,

/s/
Treva G. Ashworth
Senior Assistant Attorney General

TGA:bvc

REVIEWED AND APPROVED BY:

/s/ _________
ROBERT D. COOK
Executive Assistant for Opinions

/s/ _________
EDWIN E. EVANS
Chief Deputy Attorney General