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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

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.
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6 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.

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