Q What are the city’s responsibilities pursuant to an agreement with the county election commission mandated by Section 23-15-153(7) in light of the election commissioners claim for compensation for per diem for up to five additional days over and above their regular compensation for their regular purging duties?

A In performing the regular purging duties required by Section 23-15-153(1) through (6), the entry of any changes in the Statewide Election System (SEMS) creates and “prepares” the registration books for the county and municipalities within the county. Unless the commissioners can show they were “actually employed” in preparing the registration books for the municipality over and above their regular purging duties, they could not legally be paid the compensation provided for in Section 23-15-153(7). Without that showing, such compensation would result in them being paid twice for the same hours worked. (Attorney General’s Opinion to Jones, May 29, 2015)