Untitled Texas Attorney General Opinion

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 BWBtwb