(1) Within ninety (90) days preceding any primary election, the Arkansas Department of Transportation shall not increase the number of its employees beyond the average number of employees the department employed and supervised during the twelve (12) months prior to the primary election, except in case of floods.
(2) The commissioners of the State Highway Commission and the Treasurer of State shall not, at the penalty of being liable upon their official bonds, make any payment for salary to employees engaged by the department in violation of the provisions of this section.