Can a Virginia general registrar hire part-time temporary help during a busy election season without waiting for the county board to approve and fund it?

Plain-English summary

The King William County Electoral Board asked whether the general registrar (the local official who runs voter registration and the voter rolls) needed local government approval and budget appropriation before hiring temporary part-time help, or whether the registrar could make the hiring call independently and present the bill to the county. The question concerns who decides to hire when temporary help is needed and who must pay those employees.

AG Herring read § 24.2-112 plainly and gave the registrars the answer they were looking for.

The hiring discretion is the registrar's, not the governing body's. Section 24.2-112 says: "The general registrar may hire additional temporary employees on a part-time basis as needed." The statute uses "may" plus "as needed," vesting the judgment in the registrar. There is no clause conditioning the authority on local-government approval, line-item appropriation, or budget availability. Applied by its plain language (under Cuccinelli v. Rector and Visitors and Kozmina v. Commonwealth), the statute means the registrar can hire when work demands.

Compensation falls to the local governing body. Section 24.2-112 also says compensation of employees of the general registrar "shall be fixed and paid by the local governing body." So even though the registrar makes the hiring decision, the locality writes the checks. The compensation has to be "the equivalent of or exceed the minimum hourly wage established by federal law in 29 U.S.C. § 206(a)(1), as amended," except for assistant registrars who agree to serve without pay.

The two roles together. The registrar decides whether and when to hire. The locality fixes the rate (at or above federal minimum wage) and pays it. The opinion says the registrar’s hiring authority is not contingent on local approval or an agreed appropriation, and the locality must fix and pay compensation after hiring. The registrar cannot demand any particular rate above the floor; that is the locality's call.

Distinguish assistant registrars. The first part of § 24.2-112 deals with assistant registrars, who are appointed by the general registrar with electoral board concurrence on the number, and who generally must meet the same qualifications as the general registrar. Assistant registrars may serve without pay if they agree. This is different from the part-time temporary employees discussed above, who must be paid.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The opinion applies the statutory minimum wage floor in force in 2014. Check current wage law and § 24.2-112 before setting compensation today.

Common questions

Why does the general registrar have this hiring discretion?
The opinion relies on § 24.2-112’s words: the registrar "may hire additional temporary employees on a part-time basis as needed." It does not discuss legislative motives or particular hiring occasions.

What if the local governing body refuses to pay?
The statute creates a duty. The opinion says compensation "shall be fixed and paid by the local governing body." It does not decide what remedy would be available if the locality refused to pay.

Can the locality cap how many temporary employees the registrar hires?
The opinion does not address an express cap. The opinion places the hiring decision in the registrar’s discretion under the statute’s "as needed" language. It does not set a cap, describe a challenge process, or assign a burden of proof.

Are these temporary employees considered local government employees?
The opinion says the local governing body fixes and pays their compensation. It does not decide other employment-law questions.

Can the temporary employees serve as election officers on Election Day?
The opinion does not address service as an election officer.

What if the registrar is hiring outside the merit-style hiring process the county uses for other positions?
The opinion says § 24.2-112 gives the registrar discretion to hire needed temporary, part-time employees without local approval or agreed appropriation. It does not analyze local personnel procedures.

Are assistant registrars different?
Yes. Section 24.2-112 covers assistant registrars in a separate provision: their number is fixed by the electoral board, qualifications generally match the general registrar's, and they may serve without pay. They are not the same as the part-time temporary employees that this opinion focuses on.

Background and statutory framework

• Va. Code § 24.2-109(A): General registrars are appointed by local electoral boards to serve the city or county.
• Va. Code § 24.2-112: Authorizes the registrar to appoint assistant registrars (number set by electoral board); authorizes the registrar to "hire additional temporary employees on a part-time basis as needed"; requires the locality to "fix and pay" the compensation; sets a federal minimum wage floor for paid employees.
• Va. Code § 24.2-114: Non-exclusive list of registrar duties and powers.
• 29 U.S.C. § 206(a)(1): Federal minimum wage provision cited by the opinion.

The interpretive moves:

• Plain language of § 24.2-112 vests the hiring discretion in the registrar.
• Statute does not condition the hiring authority on local approval.
• Locality's role is fixing and paying compensation, not approving hiring.
• Floor of federal minimum wage applies; localities can pay more.

Citations

• Va. Code § 24.2-109(A)
• Va. Code § 24.2-112
• Va. Code § 24.2-114
• 29 U.S.C. § 206(a)(1)
• Cuccinelli v. Rector & Visitors of the Univ. of Va., 283 Va. 420, 722 S.E.2d 626 (2012)
• Kozmina v. Commonwealth, 281 Va. 347, 706 S.E.2d 860 (2011)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2014/14-046_Morgan.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Mark R. Herring
Attorney General

900 East Main Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1

October 1, 2014

Mr. Geralde W. Morgan
Mr. Arthur D. Roane
Ms. Laverne B. Abrams
King William County Electoral Board
Post Office Box 173
180 Horse Landing Road
King William, Virginia 23086

Dear Messrs. Morgan and Roane and Mrs. Abrams:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You ask whether, under § 24.2-112 of the Code of Virginia, a general registrar has the authority to hire, as needed, additional employees on a temporary, part-time basis, irrespective of local government approval and budgeting.

Response

It is my opinion that § 24.2-112 authorizes a general registrar, in his discretion, to hire additional temporary, part-time employees when needed and requires the local governing body to compensate such employees as provided for by law.

Applicable Law and Discussion

In Virginia, a general registrar is appointed by each local electoral board to serve the city or county[1] in the administration of matters related to the registration of voters and the maintenance of pollbooks and voter registration records.[2] Pursuant to § 24.2-112, the general registrar may appoint assistant registrars to aid him in fulfilling his statutory duties. The number of such assistant registrars is to be determined by the electoral board, and assistant registrars, with few exceptions, must meet the same qualifications as the general registrar.[3] Section 24.2-112 also provides implicitly that assistant registrars may serve without pay.

In addition, § 24.2-112 expressly provides that "[t]he general registrar may hire additional temporary employees on a part-time basis as needed." Because statutes are to be applied according to their plain language,[4] I must conclude that the General Assembly has authorized general registrars to hire part-time, temporary employees as their work load demands.

This authority is not made contingent upon approval or agreed-upon appropriation of funds by the local governing body. Rather, the plain language § 24.2-112 clearly shows that the General Assembly has vested hiring decisions in the discretion of the general registrar. Once a temporary, part-time employee is hired, § 24.2-112 further provides that "[t]he compensation of . . . employees of the general registrar shall be fixed and paid by the local governing body."[5] Except for assistant registrars who agree to serve without pay, such compensation "shall be the equivalent of or exceed the minimum hourly wage established by federal law in 29 U.S.C. § 206(a)(1), as amended."[6]

In sum, under § 24.2-112, general registrars are authorized to hire, as needed, temporary, part-time employees, and such employees are to be compensated by the local governing board at a rate that meets or exceeds the minimum hourly wage established under 29 U.S.C. § 206(a)(1).

Conclusion

Accordingly, it is my opinion that § 24.2-112 authorizes a general registrar, in his discretion, to hire additional temporary, part-time employees when needed and requires the local governing to compensate such employees as provided for by law.

With kindest regards, I am

Very truly yours,

Mark R. Herring
Attorney General

[1] Va. Code Ann. § 24.2-109(A) (2011).

[2] See § 24.2-114 (Supp. 2014) (providing non-exclusive list of duties and powers of general registrars).

[3] Section 24.2-112 (2011).

[4] "When the language of a statute is unambiguous, we are bound by the plain meaning of that language." Cuccinelli v. Rector & Visitors of the Univ. of Va., 283 Va. 420, 425, 722 S.E.2d 626, 629 (2012) (quoting Kozmina v. Commonwealth, 281 Va. 347, 349, 706 S.E.2d 860, 862 (2011)) (further citation and internal quotation marks omitted).

[5] Id.

[6] Section 24.2-112.