Case Information

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THE ATTOHNEY (GENERAL

OIF TEXAS

Gergld C. Mann

ATTOHNEY GENEAL

Monorable Tom Seay County Attormay Potter County Amarillo, Texas

Dear Sir:

Opinion No. 0-2895 He: Is the sominai onera* court logally authorized to direct payment to more than four judges and four clerks or two judges and two clerks in a presinet where more judges and clerks than the number provided by the statutes were actually appointed and served?

Your recent request for an opinion of this department on the above stated question has been received.

Your telegram requesting our opinion on the question heretofore stated reads as follows: "In view of Article 2937 and 2938 Revised Civil Statutes is the sominajoners court legally authorized to direct payment to more than four judges and four clerks or two judges and two clerks in a presinet where more judges and clerks than the number provided by the statutes cited above were actual- ly appointed and served stop our opinion is no more may be paid than number authorized by articles cited above but contention is necessity of greater number and emergency authorize departure from statutory limit stop please advise opinion your office soon as possible."

Artioles 2937, 2938 and 2943, Vernon's annotated Civil statutes, read as follows:

"Article 2937.

"The cominasioners court at the February term shall appoint from among the citizens of each voting preeinst in which there are less than one hundred voturs who have paid their poll tax and received their certificates of exemption, two reputable qualified voters or judges of the election, selected from dif-

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forn. Ton 'esy, 1 age 2 ferent political parties, if practicable, who shall continue to set until their suecessors are appointed. Then the bounds of the pree. einst are changed so that one or more judges reside outside of the preainet for which they were appointed, the court shall appoint others to fill such vecaney or vebaneies. One of the judges who shall, in all cases belong to the party that at the last general election cast the largest vote for Governor throughout the state shall be designated as the presiding judge at elections; he shall appoint two competent and reputable qualified voters of different political parties if practicable, to set as clerks of the election. The order appointing all judges shall be entered of reacrd. The presiding judge shall set in receiving and depositing the votes in the ballot boxes, and the other judge shall act in counting the votes cast; one clerk shall keep the poll list of qualified voters, and upon the poll list he shall write at the time of voting the name and number of each voter; the other clerk shall act as canvassing clerk, and shall keep the tally list of votes counted. Said officers ahall perform aueh other duties as the presiding judge may direct."

"Article 2936.

"For every preainet in which there are one hundred citizens or more who have paid their poll tex or received their certifieates of exanption, the commiaxioners court ahall appoint four judges of election, who ahall be ohowan when practicable from opposing political. parties, one of whom ahall be designated as presiding judge. The presiding and one associate judge ahall act in receiving and depositing the votes in the ballot box, and the other two judges shall act in counting the votes cast. The presiding judge ahall appoint four competent and reputable clerks who have paid their poll tex, and of dif. ferent political parties, when practicable; two of said clerks ahall assist in keeping poll lists and the list of qualified voters; upon the poll lists they ahall write the name and num ber of each voter, and at the time voted. Two clerks ahall be canvassing clerks, who ahall keep telly lists of votes counted and perform such other duties as the presiding judge may direct. at the close of the canvassing and during its process, the

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tally clerks ahall compare their tally lists and ocrtify of ficlelly to their correctness. Frovided, that in all eleotioa held under the provisions of this title, other then general eloctiom, local option eloctiom and primary elections, the officers to be appointed by the oominal oners oourt to hold aald aleotioas ahall be a presiding judge, and aadistent judge and two clerks, whose compensation ahall be two dollars per day, and two dollars extre to the preaiding jufge for making return of the eleotion."

"Artiole 2943.

"Jutges and Clerks of general and apecial elections ahall be paid Three Dollars (83) a day each, and Thirty (30) Gents per hour each for any time in exoess of a day's work as herein defined; provided that in all oounties having a population in exoess of three hundred and fifty-five thousand $(355,000)$ inhabitants, according to the last preceding or any future Federal Census, such Judges and Clerks ahall be paid fiye Dollars (85) a day each, and Fifty (50) Gents per hour each for any time in exoess of a day's work as herein defined. The Judge who dellvers the returns of election irmediately after the votes have been oounted ahall be paid Two lollars ( 82 ) for that service, provided the polling place of lis precinct is at least two (2) miles from the courthouse, and provided also he shall make returns of all eleo- tion supplies not used when he makes return of the election. Ten(10) working hours shall be considered a day wittin the meaning of this artiole. The compensation of Judges and Clerks o. general and special elections ahall be paid by the County Treasurer of the oounty where such services are rendered upon order of the Comiasioners Court of such county."

Artioles 2937 and 2938, supra, make provisions for the appointment of officers to direct and assist in the conduct of an election, and article 2943, supra, provides for their compensation. It will be noted that in anall precincts in which there are leas then one hundred voters who have paid their poll tax or received their oortiflents of oxemption, the atotute author'ses the appointment of two election judges and the presiding jucye anall appoint two clerks, and in lorge precincts in which there are one hundred citizens or more w o have paid their poll tax or received their certiflents of oxenption, the comfisioner. ' oourt is outhorized

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Fon. 'or: oey, 'age 4

to appatil four election jadges and the iresiding judge is authorized to eppoint four competent and reputable clerks as provided in the statute.

It has leas been held by the courts of this "tate that comiasioners' courts are courts of limited Jurisdiction, in that their authority extends only to matters pertaining to the general welfare of their respective counties and that their powers are only t'ose expreasly or impliedly conferred upon them by law, that is, by the constitution and statutes of the "tate. Texas Jurisprudence, Vol. 11, p. 564; Comis sioners' Court v. Wallace, 15 \%. V. (2d) 535; Teward v. Falls County, 246 \%. V. 728, and cases cited therein.

In view of the foregoing authorities, you are respectfully advised that it is the opinion of this department that the comiasioners' court has no legal authority to direct the payment of more than four judges and four clerks appointed under Artiele 2938, supra, and that in amall presinots, as mentioned in Artiele 2937, supra, the comiasioners' court does not have the legal authority to direct the payment of more than two olection judges and two clerks.

Trusting that the foregoing fully answers your inquiry, we are

Yours very truly

ATTORNT GENEAL OF TEXE

By /s/ Ardell illiems Ardell illiems ...asiatent

A: :B: : jrb A: : C:Y:D: D:C. 2, 1940 /s/ Gerald C. M:enn ATTORNT G:NEAL OF TEXAS APPROVED ORIGION COMBITTER BY R:B. Chairman