Untitled Texas Attorney General Opinion

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 depart-
ment has been received and considered. We quote from your re-
quest:
“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 ref-
erence 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 re-
duction 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 sub-
sequent: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 Legis-
lature 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 of-
ficials 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 By /s/ Harold McCracken
ENC LGSURE Harold McCracken
APPROVED JUN 18. 1941 Assistant
/s/ GROVER SELLERS
FIRST ASSISTANT
ATTORNEY GENERAL
APPROVED OPINION COMMITTEE
BY --
BWB, CHAIRMAN