RENTAL FOR POLLING PLACES AND FEES FOR ELECTION OFFICERS IN FIRST CLASS SCHOOL DISTRICT ELECTIONS

RENTAL FOR POLLING PLACES AND FEES FOR ELECTION OFFICERS IN FIRST CLASS SCHOOL DISTRICT ELECTIONS

School districts of the first class, other than in Class A or first class counties may pay rental for polling places and fees to election judges and clerks or inspectors.

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                                                                 January 10, 1950

Honorable Joe L. Johnson
Prosecuting Attorney
Cowlitz County
Kelso, Washington                                                                                                              Cite as:  AGO 49-51 No. 194

Dear Sir:

            We have your letter of December 12, 1949, in which you ask the following question:

            "May school districts of the first class, other than in a Class A or first class county, pay rental for polling places and fees to persons acting as inspectors, judges and clerks on election boards, in connection with a regular school election held under the provisions of chapter 161, Session Laws of 1949?"

            Our conclusions may be summarized as follows:

            Such school districts may pay rental for polling places and fees to election judges and clerks or inspectors.

                                                                     ANALYSIS

            Rem. Rev. Stat. 5038 provides as follows:

            "The board of directors of each district in the state shall be authorized to employ judges and clerks or inspectors of election and to provide all funds and supplies necessary for carrying out the provisions of this act."

             [[Orig. Op. Page 2]]

            This section specifically provides for the employment of judges and clerks or inspectors of election.  Since, under Rem. Rev. Stat. 5033 the board of directors of the school districts are obliged to provide voting places, section 5038 impliedly authorizes the payment of rental for such polling places.

            Section 2, chapter 161, Laws of 1949, provides in part as follows:

            "* * *  All school district elections, other than in Class A and first class counties, whether general or special, and whether for the election of officers, or for the submission to the voters of such district, of any question for their adoption and approval, or rejection, shall be held on the first Saturday in February:  Provided, however, That all elections affected by this section that would have been held during the year 1949, but for this act, shall be held on the dates provided herein during the year 1950: * * *"

            This section simply changes the date provided for school district elections and in no wise affects the provisions of section 5038.

            It is our opinion, therefore, that school districts of the first class, other than in Class A or first class counties, may pay rental for polling places and fees to election judges and clerks or inspectors.

Very truly yours,

SMITH TROY
Attorney General

LAWRENCE K. McDONELL
Assistant Attorney General