TIME OFF TO VOTE IN ELECTIONS UNDER STATE LAWS



TIME OFF TO VOTE IN ELECTIONS

UNDER STATE LAWS

SOURCE: CCH INCORPORATED LABOR LAW REPORTS, 2002

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|State |Employees Affected|Time |Must Employee be |Must Employee Make |May Employer Specify Hours? |Penalty for Violation |

| | |Allowed |Paid? |Application? | | |

| | | | | | | |

|Alaska |Any voter |Enough time to vote, unless 2 hours |Yes |* |* |* |

| | |available before or after work | | | | |

| | | | | | | |

|Arizona |Any voter |Up to 3 hours unless polls open 3 hours|Yes |Yes |Yes |Fine of $2,500, jail up to 6 months; |

| | |before or after work | | | |for enterprises, fine up to $20,000 |

| | | | | | | |

|Arkansas |Any voter |Work hours must be scheduled to allow |* |* |* |Fine of $25 to $250 |

| | |employees opportunity to vote | | | | |

| | | | | | | |

|California |Any voter |Enough time at start or end of work to |Limited to 2 hours |Yes, 2 work days before |At beginning or end of shift|* |

| | |vote in statewide election, when added | |election | | |

| | |to free time during voting hours | | | | |

| | | | | | | |

|Colorado |Any voter |2 hours unless polls open 3 non-working|Yes, but limited to |Yes |Yes, at beginning or end of |Fine of up to $1,000 and/or jail up |

| | |hours |2 hours for hourly | |shift |to 1 year; corporations also face |

| | | |workers | | |forfeit of charter and right to do |

| | | | | | |business in state |

| | | | | | | |

|Georgia |Any voter |Up to 2 hours where necessary, unless 2|* |Yes |Yes |* |

| | |hours available before or after work | | | | |

| | | | | | | |

|Hawaii |Any voter |2 hours, excluding lunch or rest |Yes, if vote is cast|* |* |Fine of $50 to $300 |

| | |periods, unless polls open 2 | | | | |

| | |non-working hours | | | | |

| | | | | | | |

|Illinois |Any voter |2 hours between opening and closing of |No |Yes |Yes |* |

| | |polls | | | | |

| | | | | | | |

|Iowa |Any voter |Enough time to give 3 voting hours |Yes |In writing |Yes |Fine of $50 to $500 and/or jail up to|

| | |when polls are open, unless employee | | | |30 days |

| | |has 3 consecutive hours non-work time | | | | |

| | |when polls are open | | | | |

| | | | | | | |

|Kansas |Any voter |Up to 2 hours, between open and close |Yes |* |Yes2 |Fine up to $2,500 and/or jail up to 1|

| | |of polls1 | | | |year |

| | | | | | | |

| | | | | | | |

|State |Employees Affected|Time |Must Employee be |Must Employee Make |May Employer Specify Hours? |Penalty for Violation |

| | |Allowed |Paid? |Application? | | |

| | | | | | | |

|Kentucky |Any voter |Reasonable time, but not less than 4 |No |Yes |Yes |* |

| | |hours between opening and closing of | | | | |

| | |polls3 | | | | |

| | | | | | | |

|Maryland |Any voter |Up to 2 hours unless employee has 2 |Yes, with proof of |* |* |* |

| | |continuous hours off duty between open |vote cast | | | |

| | |and close of polls | | | | |

| | | | | | | |

|Massachusetts |Any voter employed|No work during first 2 hours polls are |* |Yes |* |Fine up to $500 |

| |in mechanical, |open | | | | |

| |manufacturing or | | | | | |

| |mercantile | | | | | |

| |businesses | | | | | |

| | | | | | | |

|Minnesota |Any voter |Mornings of election day |Yes |* |* |Fine up to $1,000 and/or jail up to |

| | | | | | |90 days |

| | | | | | | |

|Missouri |Any voter |3 hours unless polls open 3 successive |Yes, if vote is cast|Yes |Yes |Fine up to $2,500 and/or 1 year in |

| | |non-working hours | | | |jail |

| | | | | | | |

|Nebraska |Any voter |Up to 2 hours unless polls open 2 hours|Yes |Yes |Yes |* |

| | |before or after work | | | | |

| | | | | | | |

|Nevada |Any voter |“Sufficient time” unless “sufficient |Yes |Yes |Yes |Fine up to $1,000 and/or jail up to 6|

| | |time” exists during non-working hours; | | | |months |

| | |1 to 3 hours depending on polls’ | | | | |

| | |distances | | | | |

| | | | | | | |

|New Mexico |Any voter |2 hours unless work begins 2 hours |4 |* |Yes |Fine of $50 to $100 |

| | |after polls open or ends 3 hours before| | | | |

| | |polls close | | | | |

| | | | | | | |

|New York |Any voter |“Sufficient time” unless “sufficient |Limited to 2 hours |Yes, 2-10 work days prior to|Yes, at beginning or end of |Fine of $100 to $500 and/or jail up |

| | |time” exists during non-working hours; | |election day |shift |to 1 year (first offense). |

| | |4 consecutive non-working hours while | | | |Corporations also face forfeiture of |

| | |polls open is “sufficient” | | | |charter |

| | | | | | | |

|North Dakota |Any voter |Employers are encouraged to provide |* |* |* |* |

| | |time off to vote when employee’s | | | | |

| | |regular work schedule conflicts with | | | | |

| | |times polls are open | | | | |

| | | | | | | |

| | | | | | | |

|State |Employees Affected|Time |Must Employee be |Must Employee Make |May Employer Specify Hours? |Penalty for Violation |

| | |Allowed |Paid? |Application? | | |

| | | | | | | |

|Ohio |Any voter |Reasonable time (amount not specified) |4 |* |* |Discharge or threat of discharge |

| | | | | | |prohibited; fine of $50 to $500 |

| | | | | | | |

|Oklahoma |Any voter |2 hours, more if necessary, except |Yes, if vote is cast|Yes |Yes |Fine of $50 to $100 |

| | |where employee has 3 hours before or | | | | |

| | |after work to vote | | | | |

| | | | | | | |

|South Dakota |Any voter |2 hours, unless polls open 2 |Yes |* |Yes |Fine up to $200 and/or jail up to 30 |

| | |non-working hours | | | |days |

| | | | | | | |

|Tennessee |Any voter |Up to 3 hours unless polls open 3 hours|Yes |Yes |Yes |* |

| | |before or after work | | | | |

| | | | | | | |

|Texas |Any voter |Amount not specified; none if polls |Yes |* |Yes5 |Fine up to $500 |

| | |open for 2 non-working hours | | | | |

| | | | | | | |

|Utah |Any voter |2 hours between opening and closing of |Yes |Yes |Yes |Fine up to $1,000 and/or jail up to 6|

| | |polls, unless polls open 3 or more | | | |months; for corporations, fine up to |

| | |non-working hours | | | |$5,000 |

| | | | | | | |

|Washington |Any voter |Up to 2 hours6 |Yes |* |* |* |

| | | | | | | |

|West Virginia |Any voter |Up to 3 hours, if necessary, between |Yes, unless has 3 |In writing 3 days before |*7 |For corporations, fine up to $1,000; |

| | |opening and closing of polls |hours non- working |election | |other employers/ individuals, fine up|

| | | |time to vote and | | |to $500 and/or jail up to 6 months |

| | | |chooses not to do so| | | |

| | | | | | | |

|Wisconsin |Any voter |Up to 3 hours while polls open |No |Yes |Yes |* |

| | | | | | | |

|Wyoming |Any voter |1 hour, unless polls open 3 or more |Yes, if vote is cast|* |Yes, exclusive of meal times |Fine up to $1,000 and/or county jail |

| | |consecutive non-working hours | | | |up to 6 months |

_________________________________________________________________________________________________________________________________________________

*No express provision.

1If polls open before or after work, then enough time, when added to free time, to vote, up to 2 hours.

2May not include regular lunch period.

3Also up to 4 hours to request application or execute absentee ballot, on day appearing before clerk, during business hours.

4No provision but Attorneys General have construed law to require pay; in New Mexico, limited to 2 hours for hourly paid workers, except where workday ends more than 3 hours before polls close and no loss of pay; in Ohio, limited to salaried employees.

5No provision but Attorney General has construed law as giving employer right to designate hours, provided sufficient time is allowed.

6Does not apply if, after knowledge of work schedule on such election date, employee has sufficient time available for an absentee ballot to be secured.

7Employer may schedule time off to vote in essential government, health, hospital, transportation & communication services & in production, manufacturing & processing works requiring continuity of operations, but ample and convenient time & opportunity to vote.

SOURCE: CCH INCORPORATED LABOR LAW REPORTS, 2002

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