Thirty-one states have provisions specifying employee rights — such as receiving time off — on voting day.
The regulations generally apply to any employee who is eligible to vote except where noted otherwise.
Alabama
- Entitlement: An eligible voter is allowed 1 hour to vote, unless the employee has at least 2 hours available before or 1 hour after work to vote.
- Employee requirement: Must provide employer with reasonable notice of intent to vote.
- Paid time off? No express provision.
Alaska
- Entitlement: Eligible voter is allowed enough time to vote, unless the employee has at least 2 consecutive nonworking hours to vote.
- Employee requirement: No express provisions.
- Paid time off? Yes
Arizona
- Entitlement: Eligible voter is allowed up to 3 consecutive hours to vote, unless the employee has at least 3 consecutive nonworking hours to vote.
- Employee requirement: Employee must make an application to vote.
- Paid time off? Yes
Arkansas
- Entitlement: Employer must schedule work hours in a manner that allows all employees to vote in all elections.
- Employee requirement: No express provisions.
- Paid time off? No express provision.
California
- Entitlement: Eligible voter is allowed enough time at the start or end of work to vote in a statewide election, when added to free time during voting hours.
- Employee requirement: Employee must make an application to vote at least 2 days before the election.
- Paid time off? Yes, but limited to 2 hours.
Colorado
- Entitlement: Eligible voter is allowed 2 hours to vote, unless polls are open during 3 nonworking hours. State personnel system employees receive 2 hours of administrative leave.
- Employee requirement: Employee must make an application to vote before voting day.
- Paid time off? Yes, but limited to 2 hours for hourly workers, with no penalties or deductions.
Georgia
- Entitlement: Eligible voter is allowed up to 2 hours in any municipal, county, state, or federal primary or general election, unless the employee has 2 nonworking hours to vote.
- Employee requirement: Employee must make an application to vote with reasonable notice.
- Paid time off? No
Hawaii
- Entitlement: Eligible voter is allowed 2 consecutive hours to vote, excluding lunch or rest periods, unless polls are open during 2 nonworking hours.
- Employee requirement: No express provisions.
- Paid time off? Yes, if vote is cast. Voter’s receipt constitutes proof.
Illinois
- Entitlement: Eligible voter is allowed 2 hours to vote while polls are open.
- Employee requirement: Employee must make an application to vote before voting day.
- Paid time off? Yes
Iowa
- Entitlement: Eligible voter is allowed 3 voting hours when polls are open, unless the employee has 3 consecutive nonworking hours when polls are open to vote.
- Employee requirement: Employee must make a written application to vote before voting day.
- Paid time off? Yes
Kansas
- Entitlement: Eligible voter is allowed 2 consecutive hours to vote while polls are open. If polls open before or after work, then employee is allowed enough time off, when added to free time, to equal 2 hours.
- Employee requirement: No express provisions.
- Paid time off? Yes
Kentucky
- Entitlement: Eligible voter is allowed reasonable time to vote, but not less than 4 hours while polls are open. Employees are also allowed up to 4 hours to request an application or execute an absentee ballot, on day appearing before clerk, during business hours.
- Employee requirement: Employee must make an application to vote prior to voting day.
- Paid time off? No
Maryland
- Entitlement: Eligible voter is allowed up to 2 hours to cast a ballot, unless the employee has 2 continuous nonworking hours to vote.
- Employee requirement: No express provisions.
- Paid time off? Yes, only if the employee provides proof (see State Board prescribed form) that he or she voted or attempted to vote.
Massachusetts (applies only to those employed in manufacturing, mechanical, or mercantile businesses)
- Entitlement: Eligible voter is allowed time off during the first 2 hours that polls are open.
- Employee requirement: Employee must make an application to vote.
- Paid time off? No
Minnesota
- Entitlement: Eligible voter is entitled to “sufficient” time to vote. The law does not specify the amount of time employees must be granted.
- Employee requirement: No express provisions.
- Paid time off? Yes
Missouri
- Entitlement: Eligible voter is entitled to 3 hours to vote, unless polls are open during 3 successive nonworking hours.
- Employee requirement: Employee must make an application to vote before voting day.
- Paid time off? Yes, if vote is cast.
Nebraska
- Entitlement: Eligible voter is allowed up to 2 hours to participate in all elections, unless polls open 2 hours before or after work.
- Employee requirement: Employee must make an application to vote before voting day.
- Paid time off? Yes, if application is made before election day.
Nevada
- Entitlement: Eligible voter is allowed “sufficient time” to vote, unless “sufficient time” exists during nonworking hours. Specifically, the employee must be granted 1 to 3 hours to vote, depending on poll’s distances, as follows: 1 hour if the distance between the voter’s place of employment and polling place is 2 miles or less; 2 hours if the distance is from 2 to 10 miles; and 3 hours if the distance is more than 10 miles.
- Employee requirement: Employee must make an application to vote before voting day.
- Paid time off? Yes
New Mexico
- Entitlement: Eligible voter is allowed 2 hours to vote, unless work begins 2 hours after polls open or ends 3 hours before polls close.
- Employee requirement: No express provisions.
- Paid time off? No express provision, but Attorneys General have construed law to require pay, limited to 2 hours for hourly paid workers, except where workday ends more than 3 hours before polls close and there is no loss of pay.
New York
- Entitlement: Eligible voter allowed up to 2 hours to vote in any election, unless “sufficient time” exists during nonworking hours; 4 consecutive nonworking hours while polls are open is “sufficient.”
- Employee requirement: Employee must make an application to vote 2 to 10 work days before election day.
- Paid time off? Yes, limited to 2 hours.
North Dakota
- Entitlement: Employers are “encouraged” to provide time off to vote when employee’s regular work schedule conflicts with times that polls are open.
- Employee requirement: No express provisions.
- Paid time off? No express provision.
Ohio
- Entitlement: Eligible voter is entitled to reasonable time to vote (amount not specified).
- Employee requirement: No express provisions.
- Paid time off? Only salaried employees must be paid.
Oklahoma
- Entitlement: Eligible voter is allowed up to 2 hours to vote, except where employee has 3 hours before or after work. Employers located too far from the polls for employees to vote within 2 hours must grant sufficient time for employees to travel to and from the polls and to vote.
- Employee requirement: Employee must make an application to vote before voting day.
- Paid time off? Yes, if vote is cast.
Puerto Rico
- Entitlement: Election day is a legal holiday. Employees must be allowed to vote between 8:00 a.m. and 3:00 p.m.
- Employee requirement: No express provisions.
- Paid time off? No
South Dakota
- Entitlement: Eligible voter is allowed 2 hours to vote, unless polls are open during 2 consecutive nonworking hours.
- Employee requirement: No express provisions.
- Paid time off? Yes
Tennessee
- Entitlement: Eligible voter must be allowed reasonable time to vote, up to 3 hours, unless polls in the county where the employee is a resident are open 3 hours before or after work.
- Employee requirement: Employee must make an application to vote prior to noon the day before the election.
- Paid time off? Yes
Texas
- Entitlement: Amount not specified. Eligible voter is not entitled to any time off if the polls are open during 2 consecutive nonworking hours.
- Employee requirement: No express provisions.
- Paid time off? Yes
Utah
- Entitlement: Eligible voter is allowed 2 hours to vote, unless polls are open during 3 or more nonworking hours.
- Employee requirement: Employee must make an application to vote before voting day.
- Paid time off? Yes
Washington
- Entitlement: If an employee has insufficient time to secure an absentee ballot because the employer did not inform him or her about the work schedule for a primary or election day, the employer must allow the employee sufficient time off to vote. An employer must grant the employee up to 2 hours of leave time, unless the employee has 2 hours of nonworking time to vote. Meals and rest periods cannot be counted as non-work time for voting purposes.
- Employee requirement: No express provisions.
- Paid time off? Yes
West Virginia
- Entitlement: Eligible voter is allowed up to 3 hours while polls are open, if necessary.
- Employee requirement: Employee must make a written application at least 3 days prior to election day.
- Paid time off? Yes, unless employee has 3 hours of nonworking time available to vote and fails to vote during such time.
Wisconsin
- Entitlement: Eligible voter is allowed up to 3 consecutive hours to vote while polls are open.
- Employee requirement: Employee must make an application to vote before election day.
- Paid time off? No
Wyoming
- Entitlement: Eligible voter is allowed 1 hour, unless polls are open during 3 or more consecutive nonworking hours.
- Employee requirement: No express provisions.
- Paid time off? Yes, if vote is cast.