HRMorning.com » State-by-state list of employee Election Day rights

State-by-state list of employee Election Day rights

October 23, 2009 by Jim Giuliano
Posted in: Employment law, In this week's e-newsletter, Latest News & Views


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.

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7 Responses to “State-by-state list of employee Election Day rights”

  1. Mary Says:

    You forgot New Hampshire!

  2. Sandra Says:

    You also forgot Vermont and Virginia.

  3. Kelly Kline Says:

    Pennsylvania is missing too if you could include it (update). Thanks!

  4. Sheryl Says:

    I believe they only published the states that have provisions on the books for employee rights on voting day.

  5. T.C. Says:

    Michigan is not listed?

  6. A Russell Says:

    Washington, DC was not included.

  7. Alex Says:

    I suppose this is for Non-Exempt and Hourly employees only. What about Exempt? We have an Exempt ee that takes a half day every time. Any thoughts?

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