Honorable R. E. Beasley County Auditor Collin County McKinney, Texas

Dear Sir: Opinion No. O-3682 Re: The number ofelection officials to hold the special election, June 28, and the paywhich they are .entitled to.

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

“The question has come upwith 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 thenumber ofjudges and clerks to hold all elections with the following proviso at theend ofthis article ofthe statute, to-wit: “Provided, that inall elections held under the provisions ofthis 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 ofthe election.”

“‘Would the commissioners’ court of Collin County bejustified in instructing the presiding jud,ges that the above quoted portion ofArticle 2938 applies to this special election? Naturally. we are interested inthis from two standpoints. Firsts we believe that where there is only one office being voted on it should not be necessary to have as manyHonorable R. E. Beasley. Page 2

judges and cl:erks as is usually provided for. Sec.ond, the $2.00 compensation with the reduction inthe amount ~ofhelp willmake a great deal of difference inthe expense ofholding the election.”

This -department inOpini~onNo. O-3438 has held that the provision ofArticle 2938, quoted inyour request, controls the number ofelection 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 -ofVernon’s Civil Statutes is a statute regulating the compensation ofjudges and clerks of general and special elections. itis obvious that Article 2943 was passed subsequent:to the enactment afArticle 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 ~ofelection officials ina special Senatorial election. Article 2943, being the latest expressionof the Legislature onthe same subject it should control and be given effect. 39 Tex. Jur. P. 139.

We are, therefore, of,the opinion that the provisions ofArticle 2943, Vernon’s Civil Statutes, are controlling with reference to the pay or compensation tobe paid to the election officials holding and conducting the forth-coming special Senatorial election.

We trust that inthis manner we have fully answered the questions presented inyour 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

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