Reminder of Obligations Imposed on Employers by State Voting Rights Laws

  
Monday, November 1, 2010
 

By Jackson Lewis

As Election Day approaches, it is important for all employers to recognize their obligations under state voting rights laws.  A summary of these obligations is set forth below.  Additionally, some states impose posting obligations and employers also should ensure compliance with local ordinances.

While the chart refers to payment obligations, partial day deductions with exempt employees are problematic.

Please speak to the attorneys listed or your regular Jackson Lewis attorney if you have any questions regarding your business’s obligations. 

JURISDICTION COVERED INDIVIDUALS POTENTIAL ENTITLEMENT CONDITION PRECEDENTS MUST TIME BE PAID?
Alabama Any voter Eligible voter is allowed 1 hour to vote, unless the employee has 2 hours available before or 1 hour after work to vote. Employee must provide reasonable notice of intent to vote. No express provisions.
Alaska Any voter Eligible voter is allowed enough time to vote, unless the employee has 2 consecutive nonworking hours to vote. No express provisions. Yes.
Arizona Any voter Eligible voter is allowed up to 3 consecutive hours to vote, unless the employee has 3 consecutive nonworking hours to vote. Employee must make an application to vote before voting day. Yes.
Arkansas Any voter Employer must schedule work hours in a manner that allows all employees to vote in all elections. No express provisions. No express provisions.
California Any voter 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 must make an application to vote at least 2 business days before the election. Yes, but limited to 2 hours.
Colorado Any voter Eligible voter is allowed 2 hours to vote, unless polls are open during 3 nonworking hours. State personnel system employees receive 2 hours' administrative leave. Employee must make an application to vote before voting day. Yes, but limited to 2 hours for hourly workers, with no penalties or deductions.
Georgia Any voter 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 must make an application to vote with reasonable notice. No.
Hawaii Any voter Eligible voter is allowed 2 consecutive hours to vote, excluding lunch or rest periods, unless polls are open during 2 nonworking hours. No express provisions. Yes, if vote is cast. Voter's receipt constitutes proof.
Illinois Any voter Eligible voter is allowed 2 hours to vote while polls are open. Employee must make an application to vote before voting day. Yes.
Iowa Any voter 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 must make a written application to vote before voting day Yes.
Kansas Any voter 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. No express provisions. Yes.
Kentucky Any voter Eligible voter is allowed reasonable time to vote, but not fewer 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 must make an application to vote prior to voting day. No.
Maryland Any employee who claims to be a registered voter. Eligible voter is allowed up to 2 hours to cast a ballot, unless the employee has 2 continuous nonworking hours to vote. No express provisions. Yes, only if the employee provides proof (see State Board prescribed form) that he or she voted or attempted to vote.
Massachusetts Any voter employed in manufacturing, mechanical, or mercantile businesses. Eligible voter is allowed time off during the first 2 hours that polls are open. Employee must make an application to vote. No.
Minnesota Any voter Eligible voter is entitled to "sufficient" time to vote. The law does not specify the amount of time employees must be granted. No express provisions. Yes.
Missouri Any voter Eligible voter is entitled to 3 hours to vote, unless polls are open during 3 successive nonworking hours. Employee must make an application to vote before voting day. Yes, if vote is cast.
Nebraska Any voter Eligible voter is allowed up to 2 hours to participate in all elections, unless polls open 2 hours before or after work. Employee must make an application to vote before voting day. Yes, if application is made before election day.
Nevada Any voter 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 two to 10 miles; and
  • 3 hours if the distance is more than 10 miles.
 Employee must make an application to vote before voting day. Yes.
New Mexico Any voter Eligible voter is allowed 2 hours to vote, unless work begins 2 hours after polls open or ends 3 hours before polls close. No express provisions. No express provision except that time off must be without penalty, 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 Any voter 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 must make an application to vote 2-10 work days before election day. Yes, limited to 2 hours.
North Dakota Any voter Employers are "encouraged" to provide time off to vote when employee's regular work schedule conflicts with times that polls are open. No express provisions. No express provisions.
Ohio Any voter Eligible voter is entitled to reasonable time to vote (amount not specified). No express provisions. Only salaried employees must be paid.
Oklahoma Any voter 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 must make an application to vote before voting day. Yes, if vote is cast.
Puerto Rico Any voter Election day is a legal holiday. Employees must be allowed to vote between 8:00 a.m. and 3:00 p.m. No express provisions. No.
South Dakota Any voter Eligible voter is allowed 2 hours to vote, unless polls are open during 2 consecutive nonworking hours. No express provisions. Yes.
Tennessee Any voter 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 must make an application to vote prior to noon the day before the election. Yes.
Texas Any voter Amount not specified. Eligible voter is not entitled to any time off if the polls are open during 2 consecutive nonworking hours. No express provisions. Yes.
Utah Any Voter Eligible voter is allowed 2 hours to vote, unless polls are open during 3 or more nonworking hours. Employee must make an application to vote before voting day. Yes.
Washington Any voter 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. No express provisions. Yes.
West Virginia Any voter Eligible voter is allowed up to 3 hours while polls are open, if necessary. Employee must make written application 3 days prior to Election Day. Yes, unless employee has 3 hours of nonworking time available to vote and fails to vote during such time.
Wisconsin Any voter Eligible voter is allowed up to 3 consecutive hours to vote while polls are open. Employee must make an application to vote before Election Day. No.
Wyoming Any voter Eligible voter is allowed 1 hour, unless polls are open during 3 or more consecutive nonworking hours. No express provisions. Yes, if vote is cast.
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