111.171, RSMo 1969, prohibits the secretary or treasurer of a county committee, whether a member of the committee or not, from serving as an election judge or clerk in elections in which the county is involved.

ELECTIONS: COMMITTEEMEN: Sectton 111.171, RSMo 1969, prohibits the secretary or treasurer of a county committee, whether a member of the committee or not, from serving as an election judge or clerk in elec- tions in which the county is involved. Honorable Stephen Burns State Representative District No. 42 10702 Manchester January 22, 1971 St . Louis, Missouri 63122 Dear Representative Burns: OPINION NO. 20 Fl LED ~ . ~() This official opinion is in response to your request for a ruling on the ouestion of whether Section 111.171 , RSMo 1969, pro- hibits the secretary or treasurer of a county committee who is not a member of the committee from serving as an election judge or clerk. You state that the secretary and treasurer of a Jefferson County po- litical committee are selected by the elected members of the commi t- tee in order to broaden the representation of the "grass roots of the party." The Jefferson County clerk refuses to permit the secre- tary or treasurer of the committee t o serve as an election judge or clerk relyin~ on Section 111.171 and Attorney General ' s Opinion No. 237, dated April 3, 1970, to Honorable 'Ted Salveter. The organization of a party political committee in Jefferson County (being a county with more than one legislative district) is governed by Sections 120.800 and 120.810, RSMo 1969. Pursuant to those provisions, a county committee shall elect a secretary and a treasurer "who may or may not be members of the committee." You have advised that tne secretary and treasure r of this committee are not members of the committee. Subsection 1 of Section 111.171, RSMo 1969 , reads as follows: "No person shall be qualified to act as judge or clerk of any registrati on or election in this state unless he is legally entitled to vote at the next election following his ap- pointment. He must be a person of good repute and character who can speak , read anct write the English language . He must reside in the precinct, ward, township or election district Honorable Stephen Burns for which he is selected to act . He must not hold any office or employment under the United States , the state of Missouri, or under the county, city , or other political subdivision involved in the election to be held at the time of his appointment . He must not be a candidate for any office at the next ensuin~ election but a notary oublic shal l not be dis- aualified from actinR as a jud~e or clerk . " [Emphasis supplied ] We find no requirement in Section 111 . 171 that only members of a county committee arc prohibited from servin~ as election judges and clerks. A person is not qualified to act as an elec- tion judr;e or clerk if he holds "any office or employment" under the political subdivision involved in the election . In Opinion No. 237 , dated April 3, 1970 , to Honorable Ted Salveter (a copy of which is enclosed herewith), we concluded that members of a county committee are not qualified to serve as election jud~es and clerks because they are "public offi cer:::." or "county officers . " \.Je be- lieve that the secretary and treasurer of a county committee elected by the members of the committee pursuant to Sections 120 . 800 and 120.810 , RSMo 1969 , hold an office under t~e county and are, there- fore , prohibited by Section 111 . 171 from servjn~ as election jud~es and clerks in elections in which the county is involved . CONCLUSI ON It is the opinion of this office that Section 111.171, RSMo 1969, prohibits the secretary or treasurer of a county committee , whether a member of the committee or not , from servinR as an elec- tion judge or clerk in elections in which t he county is involved . The foregoing opinion , which I hereby approve , was prepared by my Assistant , D. Brook Bartlett . ~e:y:J~.J:R Enclosur e : Oo. No . 237 4-3-70 , Salveter JOHN C. DANFORTH Attorney r.eneral - 2-