Honorable R. E. Beasley 

County Auditor 

Collin County 

McKinney, Texas 

Dear Sir: Opinion No. O-3682 

Re: The number of election 

officials to hold the 

special election, June 

28, and the pay which 

they are .entitled to. 

Y~our recent request for an ,opinion from this department has been received and considered. We quote from your request: 

“The question has come up with reference 

to the number~~of ehection officiafs necessary to 

bold theelection in different boxes in the county 

for the special election June 28th.,, and with reference to their paya 

“Article 2938, Revised Civil Statutes, 

provides for the number of judges and clerks to 

hold all elections with the following proviso at 

the end of this article of the statute, to-wit: 

“Provided, that in all elections held under the 

provisions of this title, other than general elections, 

local option elections and primary elections, the 

officers to be appointed by the commissioners’ court 

to hold said elections shall be a presiding judge and 

assistant judge and two clerks, whose compensation 

shall be $2.00 per day and $2.00 extra to the presiding 

judge for making the return of the election.” 

“‘Would the commissioners’ court of Collin 

County be justified in instructing the presiding 

jud,ges that the above quoted portion of Article 2938 

applies to this special election? Naturally. we are 

interested in this from two standpoints. Firsts we 

believe that where there is only one office being 

voted on it should not be necessary to have as many 
Honorable R. E. Beasley. Page 2 

judges and cl:erks as is usually provided for. 

Sec.ond, the $2.00 compensation with the reduction in the amount ~of help willmake a great 

deal of difference in the expense of holding the 

election.” 

This -department in Opini~on No. O-3438 has held that 

the provision of Article 2938, quoted in your request, controls the 

number of election officials required in all precincts to conduct the 

forth-coming Senatorial election. A copy of Opinion No. O-3438 is 

being enclosed for your information. 

Article 2943 -of Vernon’s Civil Statutes is a statute 

regulating the compensation of judges and clerks of general and 

special elections. it is obvious that Article 2943 was passed subsequent:to the enactment af Article 2938. Each statute, prescribes 

the compensation to be paid the election officials authorized and 

require~d~in a special Senatorial election. We think the two acts 

are clearly inconsistent and repugnant in so far as each attempts 

to fix the-compensation ~of election officials in a special Senatorial 

election. Article 2943, being the latest expressionof the Legislature on the same subject it should control and be given effect. 

39 Tex. Jur. P. 139. 

We are, therefore, of, the opinion that the provisions 

of Article 2943, Vernon’s Civil Statutes, are controlling with 

reference to the pay or compensation to be paid to the election officials holding and conducting the forth-coming special Senatorial 

election. 

We trust that in this manner we have fully answered 

the questions presented in your inquiry. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

HM:RS:mjs 

ENC LGSURE 

APPROVED JUN 18. 1941 

/s/ GROVER SELLERS 

FIRST ASSISTANT 

ATTORNEY GENERAL 

By /s/ Harold McCracken 

Harold McCracken 

Assistant 

APPROVED OPINION COMMITTEE 

BY BWB, CHAIRMAN 

--