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 

when two elections are 

Dear Sir: held at the same time. 

Your request for 

lows : 

an opinion reads as fol- 

“FACTS: On November, 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 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 Leclslature; which article provides for 

thr p@y of election 

are said judges l nti 8 

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 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 crder that I may advise my Connalssioners as to what action to take on the 

presented c1aims.v 

Article 2943, V.C.S., as amended by Senate 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 Commissioners 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 exceed One ($1.00) Dollar per hour each 

for any time in excess of a day’s work 

as herein defined. The judge who delivers the returns of election imnedlately 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 services 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 general 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 conduct, at the same time, two separate elections, general, 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 

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, 

amended by Senate Bill 30 

.B$, 195.15 ch* 313$ pa 535, 

A&e’& Leg*, 

APPROVED: 

. 

J, Cp Devi 

‘4 

Jre 

County Affa ru Dlvieioan 

Yours very truly, 

PRXCB DAN%!& 

Attorney General 

Charles DI tithewe 

First Aerletant 

BWBtwb