### QRNEY GENERAL


### TEXAS

PRICE DANIEL ATTORNEYGENeRAL

Hon. Joe Schultz County Attorney Limestone County Groesbeck, Texas Opinion No. **V-1367** Re: Compensation of judges and clerks of general and special elections whentwo elections are held at the sametime. Dear Sir: Your request for lows: an opinion reads as fol-

“FACTS: OnNovember, 

### 13,1951, Limestone County held two elections, one of state wide nature and one of local nature, each held under seporate proclamat.ions of the Governor; each election was held on the same day, at the sameMae, andby the sameelection judges and clerks of each voting box. The said Judges of somefive 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 52ndLeclslature; which article provides for thr p@yof election are said judges l

nti8 udgss and clerks, led 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 myoffice 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 meHon. Joe Schultz, page 2 (v-1367)

your opinion on this matter in crder that I mayadvise myConnalssioners as to what action to take on the presented c1aims.v Article 2943, V.C.S., as amendedby Senate Bill 20, Acts 52ndLeg., 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 Commissioners Court of the County where such services are rendered; but sameshall not exceed Eight ($8.00) Dollars a day for each judge or clerk, nor exceed One ($1.00) Dollar per hour each for any time in excess of a day’s work as herein defined. Thejudge whodelivers the returns of election imnedlately after the votes have been counted shall be paid Two($2.00) Dollars for that service; provides also, he shall makereturns of all election supplies not used whenhe makesreturn of the election. Ten (10) working hours shall be considered a daywithin 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 services are rendered upon order of the Ccmmissloners.~~ This statute empowers the Commissioners1 Court of each county to determine the amountwhich Its county will pay to each judge and clerk of general and special elections **for** ‘Ia day’s work,” which is defined as “ten working hoursOr’ not to exceed eight dollars, andnot 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 sametime. Consequently, whenthe samejudges and clerks conduct, at the sametime, two separate elections, general, special, or general and special, they are only entitled to be paid for a day’s work with extra payHon. Joe Schultz, page 

### 3 (V-1367)

for any time worked in excess of 10 hours.

It Is **our** further opinion that whenthe samejudges 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 

### timetwo separate eloationr, general, ,epealal, or general. and epecial, mayonly be paid for working one **day,** with extra pay for any time **work&** In aa+ oebr oi 10 hours, Thajudge who delivers the returnr of both elections In cwpli- ld ante with the provisions of the etatute is entitled to be paid two dollars for each return. Art@ 2943 V&S, amendedby Senate Bill 30 .B$, 195.15ch* 

### 313$ pa 

### 535,

A&e’& Leg*,

APPROVED:

. J, CpDevi

‘4 Jre County Affa ru Dlvieioan Yours very truly, PRXCB DAN%!& Attorney General

Charles DI tithewe First Aerletant BWBtwb