QRNEY GENERAL
TEXAS
PRICE DANIEL
ATTORNEYGENeRAL
Hon. Joe Schultz Opinion No. V-1367
County Attorney
Limestone County Re: Compensation of judges
Groesbeck, Texas and clerks of general
and special elections
when two elections are
Dear Sir: held at the same time.
Your request for an opinion reads as fol-
lows :
“FACTS: On November, 13, 1951,
Limestone County held two elections,
one of state wide nature and one of
local nature, each held under sepor-
ate proclamat.ions of the Governor;
each election was held on the same
day, at the same Mae, and by the
same election judges and clerks of
each voting box. The said Judges of
some five voting bcxos have filed
their claims with the Commissioners
Court for double pay, basing their
claims on the feet that two separate
and distinct elections were hold.
N STION: Under art. 2943,
R.CoS*, as ammded by the 52nd Lecls-
lature; which article provides for
thr p@y of election udgss and clerks,
are said judges lnti 8led to double pay
on the facts set out above? AXI said
judgrr and clerks entitled ts double
pay under any statute of Texas?
“From the wording cf Article
2943, RX&o, 8s anmdsd, it Is the
opinion of my office that the said
judges and clerks are to be paid by ~
the day’s work and not by the nurbrr
of elections which they hold. I would
appreciate it if you would send me
Hon. Joe Schultz, page 2 (v-1367)
your opinion on this matter in cr-
der that I may advise my Connalssion-
ers as to what action to take on the
presented c1aims.v
Article 2943, V.C.S., as amended by Sen-
ate Bill 20, Acts 52nd Leg., R.S. 1951, ch. 313,
p* 535, reads as follows:
“The pay of judges and clerks
of general and special elections
shall be determined by the Commission-
ers Court of the County where such
services are rendered; but same shall
not exceed Eight ($8.00) Dollars a
day for each judge or clerk, nor ex-
ceed One ($1.00) Dollar per hour each
for any time in excess of a day’s work
as herein defined. The judge who de-
livers the returns of election imnedl-
ately after the votes have been counted
shall be paid Two ($2.00) Dollars for
that service; p rovides also, he shall
make returns of all election supplies
not used when he makes return of the
election. Ten (10) working hours shall
be considered a day within the meaning
of this Article. The compensation of
judges and clerks of general and special
elections shall be paid by the County
Treasurer of the county where such ser-
vices are rendered upon order of the
Ccmmissloners.~~
This statute empowers the Commissioners1
Court of each county to determine the amount which
Its county will pay to each judge and clerk of gen-
eral and special elections for ‘Ia day’s work,” which
is defined as “ten working hoursOr’ not to exceed
eight dollars, and not to exceed one dollar per hour
for any time in excess of “a day’s work.” It does
not authorize Commissioners’ Courts to fix any other
basis for the payment of such judges and clerks when
they conduct two or more elections at the same time.
Consequently, when the same judges and clerks con-
duct, at the same time, two separate elections, gen-
eral, special, or general and special, they are only
entitled to be paid for a day’s work with extra pay
Hon. Joe Schultz, page 3 (V-1367)
for any time worked in excess of 10 hours.
It Is our further opinion that when the
same judges and clerks conduct at the ease time two
separate el&ctlons, general special or general ‘L:
and special, the judge who ~ellvers ihe retime of
both elections in ccmpliance with the prc~lrione of
Article 2943, as amended, is entltlrd to br paid
two dollars for each return beoauee the atatutm
provides that amount shell l!e paid for delivery of
“the retilrns of 8Leetlon~*
Judges and clerks who ocmduct et
the sane time two separate eloationr,
general, ,epealal, or general. and epecial,
may only be paid for working one day,
with extra pay for any time work& In aa+
oebr oi 10 hours, Tha judge who delivers ld
the returnr of both elections In cwpli-
ante with the provisions of the etatute
is entitled to be paid two dollars for
each return. Art@ 2943 V&S,
amended by Senate Bill 30 A&e’& Leg*,
.B$, 195.15 ch* 313$pa 535,
APPROVED: . Yours very truly,
J, Cp Devi Jre PRXCBDAN%!&
County Affa‘4 ru Dlvieioan Attorney General
Charles DI tithewe
First Aerletant
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