A GUIDE TO VOTING LEAVE LAWS BY STATE

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1 State Alabama Public and private s Time necessary to vote, not exceeding one hour, unless employee has two hours before work or after work available to vote. Alaska All s Not specified, but must allow time off for voting. Arizona All s Enough time at the beginning or end of the employee s work shift that, when added to the time difference between work shift hours and opening or closing of polls, provides a total of three consecutive hours. Arkansas All s Not specified, but must schedule work hours so as to allow employees time to vote. Employee must provide reasonable notice. Not Specified Employee is not entitled to leave if the workday begins at least two hours after the polls open, or end at least one hour before polls close. Ala. Code Sec Not Specified Employees are not entitled to leave if they have two consecutive hours in which to vote either between the opening of the polls and the brining of the shift, or the close of the polls and the end of the shift. Alaska Statutes Sec Employee must apply for leave in advance of election day. Must give sufficient notice, and the employee is subject to $ fine if they fail to do so.. If it would otherwise have been work time. Employees are not entitled to leave if they have three consecutive non-working hours in which to vote. criminal offense. Arizona Revised Statute Sec Not Specified Not Specified criminal offense. Ark. Code Sec

2 California All s The employee may take up to two hours without loss of pay if they don t have time to vote outside of their working hours. Colorado All s Employees who are registered voters and who do not have at least three hours outside of work to vote are allowed up to two hours paid leave to vote while polls are open. Employees must provide notice two working days prior to the election if, on the third working day before the election they know or have reason to know they will need leave. Employee must apply for leave prior to election day., but time must be taken at the beginning or end of the shift, whoever allows to the most time to vote and requires the least missed working time., but the hours shall be at the beginning or end of the shift if the employee so requests. Yes, but any leave in excess of two hours may by unpaid., up to two hours. Employees who have sufficient non-working time in which to vote are excluded. Employer must post notice of voting leave policy at least 10 days prior to any statewide election. California Election Code Secs and criminal offense. Colorado Revised Statutes Secs and Connecticut No Law DC No Law Delaware No Law Special provisions apply to election officials.

3 Florida No Leave Law Employees who exercise their right to vote are entitled to statutory protections. Some local ordinances give employees time off without pay to vote on an election day. Florida Revised Statute Sec Georgia All s Necessary time, not exceeding two hours. Hawaii All s Up to two hours (excluding meals/breaks) Employee must give reasonable notice. Not obligated to pay. Not Specified Not Specified, unless can verify that the employee took leave and failed to cast a vote. Not entitled to leave if employees have two hours before or after their shift in which to vote. O.C.G.A. Sec Employees are not eligible for leave if they have two consecutive non-working hours (excluding meals/breaks) in which to vote. criminal offense. Hawaii Revised Statutes Sec Idaho No Law It is unlawful for s to threaten discharge or influence an employee s vote. Idaho Code Sec

4 Illinois All s Up to two hours between the time of opening and closing the polls. Employee must have the consent of the. Employer must permit a twohour absence if shift begins less than two hours after polls open, or ends less than two hours before polls close. Employer may hours during which an employee may be absent. 10 ILCS 5/7/42 and 10 ILCS 5/ Indiana No Law Iowa All s An amount that, when added to employee s nonworking time, totals three consecutive hours while polls are open. Employee must apply individually and in writing prior to election day. Excluded from leave if employee has three consecutive nonworking hours in which to vote. Employer designates the period of time to be taken. criminal offense. Iowa Code Sec

5 State Kansas All s If polls are not open outside employee s shift, they must b given two consecutive hours. No Specified, but may not designate meal time as voting time. If polls are open outside the employee s shift, the employee must only be given time off that when added to the non-working time, provides two consecutive hours. Kansas Statute Sec Kentucky All s Reasonable time, but not less than four hours. Employee must apply for leave prior to election day. Not Specified, but employee shall not be subject to a penalty criminal offense. Employees may be disciplined if they take voting leave but fail to cast a vote. Kentucky Revised Statute Sec and Kentucky Constitution Sec Election officers must be given the entire day. Louisiana No Leave Law There is no law regarding leave, but the Louisiana Revised Code does prohibit s (with 20 or more regularly employed employees) from discriminating against employees based on political beliefs. Louisiana Revised Statute Secs Maine No Law

6 Maryland All s Up to two hours paid leave unless they have two continuous nonworking hours when polls are open. Massachusetts All mercantile, manufacturing, and mechanical establishments Leave is provided for first two hours after the polls open in their district. Not Specified Not Specified Employees must furnish proof to that they voted by submitting approved form. Maryland Code Sec Employee must apply for leave. No Specified Not Specified criminal offense. Massachusetts General Laws Ch. 149 Sec Michigan No Leave Law It is misdemeanor for an to threaten to discharge employees for the purpose of influencing the employee s vote. Michigan Election Law Minnesota All s Time necessary on election day to appear at polling place, cast ballot, and return to work. Mississippi All s The amount of time necessary for the employee to vote. Missouri All s Up to three hours if there are not three successive hours between work and either the opening or closing of polls. Not Specified Not Specified criminal offense. Minnesota Statute Secs. 204C.04 and 204B.185. Not Specified Not Specified Not Specified Mississippi Code Sec may require employees to apply before election day. criminal offense. Revised Statute Missouri Sec Montana No Law

7 State Nebraska All s Leave that, when added to non-working time, equals two consecutive nonworking hours in which to vote. Employee must apply for leave prior to election day. Employees are not eligible if they have two consecutive nonworking hours in which the polls are open. Election workers are entitled to paid leave upon reasonable notice. Nevada All s Sufficient leave time is based on distance to polling site but is not more than three hours. New Hampshire Employee must apply for leave prior to election day. criminal offense. Nebraska Revised Statute Sec criminal offense. Nevada Revised Statute Sec and Nevada Administrative Code Sec No Law New Jersey No Law New Mexico All s Up to two hours for purpose of voting between the time the polls open and close. Not Specified Not Specified, but the may not impose a penalty criminal offense. New Mexico Statutes 178, Sec

8 New York All s Sufficient time unless sufficient time exists during nonworking hours. Employee must notify at least two, but not more than 10 days before election day., but only up to two (2) hours. Employees are excluded if they have four consecutive nonworking hours in which to vote. At least 10 days prior to every election, s must post a notice setting forth the requirements of the NY Voting Leave Statute. New York Election Law Secs 3-110, , , and North Carolina No Leave Law Discharging and employee for taking time to vote may implicate the wrongful discharge in violation of public policy. North Dakota All s are encouraged to provide time off to vote when employee s regular work schedule conflicts with times polls are open. Not Specified Not Specified Not Specified criminal offense. North Dakota Cent. Code Sec

9 Ohio The term is not defined by the governing statute, but the statute is considered applicable to all s. A reasonable amount of time to vote. (Amount not specified.) Oklahoma All s Two hours, but employee must receive sufficient time if they require more than two hours to vote. Not Specified Not Specified No State Employees who are judges of elections must be permitted to serve without pay loss. Employee must provide oral or written notice the day before the election., but may require proof that a vote was cast. criminal offense. may not interfere with, discriminate, or retaliate against employees for taking a reasonable amount of time to vote. Ohio Revise Code Secs and Employees are excluded if shift begins three or more hours after the polls open, or ends three or more hours before polls close. criminal offense. Oklahoma Statute Title 26 Sec Oregon No Law Pennsylvania No Law

10 Puerto Rico All s Election Day is a legal holiday. If necessary, employees must be allowed to vote between 8 a.m. and 3 p.m. Not Specified Employer must allow employee to go to polls while they are open, and allow time off that is reasonably necessary to allow the employee to vote. Not Specified Shifts must be scheduled to allow time for voting during polling hours. criminal offense. Rhode Island No Law South Carolina No Law South Dakota All s Two consecutive hours. Not Specified Employees are not eligible if they have two consecutive nonworking hours in which the polls are open. criminal offense. South Dakota Codified Law

11 Tennessee All s Up to three hours. Employee must apply for leave before 12 p.m. on the day before the election. Texas All s Not Specified, but must permit absence for the purpose of voting. Employees are excluded if they have three non-working hours with the polls open. Employer may hours leave may be taken. Tennessee Code Sec Not Specified Not Specified Employees are excluded if they have two consecutive nonworking hours in which to vote. Utah All s Two hours. Employee must apply for leave prior to election day. Vermont No Law, but must grant request for leave to be taken at the beginning or end of the shift. criminal offense. Texas Election Code Sec Employees are excluded if they have three or more non-working hours in which to vote. criminal offense. Utah Code Sec. 20A Virginia No Law

12 Washington No Law Washington is a vote by mail state and repealed RCW the formerly required s to allow employees to take up to two hours of time off to vote. West Virginia All s Up to three hours, if necessary, between the opening and closing of the polls. Wisconsin All s Up to three consecutive hours. Employee must make a written demand at least three days prior. Employee must provide notice before election day., if the employee works in essential government, health, hospital, transportation, or in an industry requiring continuous operations., except that an employee may be subject to wage or salary deductions for the time actually absent from work for voting in the election if the employee (1) has three or more hours of his own time away from work at any time between the hours of opening and closing of the polls on election day, and (2) fails or neglects to vote or elects not to vote during such time away from work. Employees are not eligible if they have three or more nonworking hours in which to vote. criminal offense. West Virginia Code NO Employees serving as election officials must be allowed leave upon seven-day notice to the. Employer may decide the time for the absence. Wisconsin Statute Sec

13 State Wyoming All s One hour (excluding meals/breaks). Not Specified Not Specified Employees are excluded if they have three more consecutive non-working hours to vote. Leave is to be at the convenience of the. Wyoming Statute Sec