Wolters Kluwer Offers Guidance on State Time-Off-to-Vote Policies with Election Day Quickly Approaching on November 3

Alaska

A voter who does not have enough time outside working hours within which to vote at a state election may, without loss of pay, take off as much working time as will enable voting. The law refers to all state elections which means a primary, general, or special election. The law applies to all employees.  It does not apply to those who have up to two non-work hours available while the polls are open. An employer commits the offense of refusal to allow employees time off if the employer refuses to allow an employee time off for the purpose of voting, or if, after allowing the time off, the employer deducts the time from the wages of the employee?it is considered a violation of the law

Arizona

Employees can take up to three hours during the time the polls are open. The law applies to all elections. This does not apply to employees who have up to three non-work hours available while the polls are open. This is paid time off. The law applies to all employees. A person who refuses an employee the right conferred by this section, or who subjects an employee to a penalty or reduction of wages therefor, or who directly or indirectly violates the law, is guilty of a Class 2 misdemeanor (up to four months in jail and/or a fine of up to $750).

Arkansas

Employers must schedule the work hours of employees so that each employee will have an opportunity to vote. The law refers to "election days." There is no requirement for the employer to pay wages for the time off. The law applies to all employees. Any employer who fails or refuses to provide the time off will be subject to a fine ($25 to $250).

California

Employees can take up to two hours at the beginning or end of the shift, whichever allows the most time for voting and the least time off from the regular working shift. The law refers to all "statewide elections." This is paid time off. The law applies to all employees. Influencing an employee's voting or political activities is a misdemeanor (up to 1 year and/or $1,000 to $5,000).

Colorado

Employees can take up to two hours during the time the polls are open and may request the beginning or end of the shift. The law applies to all elections. This does not apply to employees who have up to three non-work hours available while the polls are open. This is paid time off. The law applies to all employees. To refuse to allow the time off or not pay for it is a misdemeanor (up to one year in jail and/or $1,000).

District of Columbia

Employees can take two hours, in any election for which the employee is eligible to vote, if the employee would have been scheduled to work during the time for which the leave is requested. The ordinance applies to all elections. This is paid time off. There are no specific penalties, but the ordinance states it is unlawful for an employer to interfere with, restrain, or deny any attempt to take leave or retaliate against an employee for taking leave.

Georgia

All employees can take up to two hours where necessary, unless two hours are available before or after work. The law refers to any primary or general election. There is no provision requiring the leave to be paid. Employees must apply and the employer may specify the hours. Violation of the election law is a misdemeanor offense, subject to a fine of $100 to $1,000, and/or jail up to six months and/or confinement in a county correctional facility for up to 12 months.

Illinois

Employees can take up to two hours during the time the polls are open. This is paid time off. The law applies to all employees and all primary, general, and special elections. There are no penalty provisions.

Iowa

Any person entitled to vote can take enough time to give three voting hours when polls are open, unless the employee has three consecutive nonwork hours available when polls are open. It is paid time off. Employees must apply in writing before election day. The employer may specify hours. The law applies to all elections authorized by state law. Employers who violate the law are committing a misdemeanor; a fine of $65 to $625 and/or jail up to 30 days applies.

Kansas

Employees can take up to two hours during the time the polls are open. The law applies to an election conducted by a county election officer in the state. It does not apply to employees who have up to two non-work hours available while the polls are open. This is paid time off. The law applies to all employees. Employers who violate the provisions are subject to a fine of $2,500 and/or up to one year in jail.

Kentucky

Employees can take a reasonable time but not less than four hours during the time the polls are open. The provision refers to the following polls: primary, special election, or regular election. Employers are not required to pay for the time off. The law applies to all employees. There are no penalty provisions.

Maryland

Employees can take up to two hours during the time the polls are open. The law applies to all general elections, primary elections, and special elections. It does not apply to municipal elections other than in Baltimore City. This does not apply to employees who have up to two non-work hours available while the polls are open. This is paid time off, if employee provides proof. The law applies to all employees. Employers who attempt to influence employee political action are subject to a fine up to $1,000 or one year imprisonment.

Massachusetts

There are no provisions requiring employers to give employees time off to vote, except for the manufacturing, mechanical, and mercantile industries. Employees cannot be employed for the first two hours after the opening of the polls. The laws states "at an election."  There is no requirement for the employer to pay wages for the time off.  Violators are subject to a fine (up to $500).

Minnesota

All employees have the right to take time off to vote during an election day and must be paid.  No specific time is mentioned. "Election" means a regularly scheduled election, an election to fill a vacancy in the office of U.S. Senate or House, an election to fill a vacancy in nomination for a constitutional office, an election to fill a vacancy in the office of state senator or state representative, or a presidential nomination primary.  It is a misdemeanor (up to 90 days in jail and/or fine of up to $1,000) for employers who directly or indirectly refuse, abridge, or interfere with the right to vote or any other election right of an employee.

Mississippi

There are no provisions requiring employers to give employees time off to vote, except that employees may not, at the expense of the employer in whole or in part, take any part whatever in any election campaign, except the necessary time to cast their vote.

Missouri

Employees can take up to three hours during the time the polls are open. The law applies to all public elections, except elections for which ownership of real property is required by law for voting. This does not apply to employees who have up to three non-work hours available while the polls are open. This is paid time off. The law applies to all employees. Employers who refuse to allow the time off are subject to up to one year in jail and/or $2,500.

Nebraska

Employees (any registered voter) can take up to two hours unless polls open two hours before or after work. Election means any statewide or local primary, special, joint, or general election. It is paid time off if application made prior to election day. Employees must request time off before the election. Employers can set the hours. Employers who unlawfully influence an employee's voting or political actions are guilty of a Class IV felony, and, if convicted, can be subject to a fine of up to $10,000 or up to five years imprisonment or both.

Nevada

Employees (any registered voter) are allowed to take "sufficient time" unless such time exists during nonworking hours; specified as one to three hours, depending on distance to polls. The law applies to any election. It is paid time off. Employees must apply before election. Employers may set the hours. Employers who violate the state's time-off-to-vote law are subject to a fine of up to $1,000 and/or jail up to six months.

New Mexico

Employees can take up to two hours during the time the polls are open. The law applies to election day; there are no specific definitions. This does not apply to employees who have up to two non-work hours available while the polls are open. There is no provision on payment. However, attorneys general of the state have opinionated that payment is required. The law applies to all employees. Violators are subject to fines between $50 to $100.

New York

Employees can take up to three hours during the time the polls are open. The law applies to all elections. This is paid time off. The law applies to all employees. For the first offense, employers are subject to a fine of $100 up to $500 and/or up to 1 year in jail.

North Dakota

Employers are encouraged to establish a program to grant an employee who is a qualified voter to be absent from the employee's employment for the purpose of voting when an employee's regular work schedule conflicts with voting during time when polls are open. There is no provision requiring employees to be paid. The provision applies to all employees. The provision applies to the primary, general, and special statewide and legislative elections, and all other elections, unless otherwise provided by law. Interfering with a person's right to vote is a Class A misdemeanor (up to one year in jail and/or a fine up to $2,000).

Ohio

All employees are allowed to take a "reasonable time" off to vote. The law refers to "election day" and applies to all employees. There are no provisions on whether the time off must be paid. However, the state attorney general has interpreted the law to mean hours may not be deducted from "salaried" employees. Employers that violate the law will be fined from $50 to $500.

Oklahoma

Employers must grant employees up to two hours to vote, unless more time is needed because of the distance of the polling place. The law refers to "election day". Employers set the hours. Employees must be paid if they prove they voted. This does not apply to employees who have up to three non-work hours available while the polls are open. The law applies to all employees. Any employer who fails to comply is guilty of a misdemeanor (fine up to $100).

South Dakota

Employees can take up to two hours during the time the polls are open. The law applies to any election held within the state. This does not apply to employees who have up to two non-work hours available while the polls are open. This is paid time off. The law applies to all employees. Employers who violate the law have committed a Class 2 misdemeanor and are subject to a fine up to $500 and/or jail up to 30 days.

Tennessee

Voters of an "election held in this state" may be absent from service or employment on the day of the election for up to three hours. The law covers all elections. The law applies to "any" service or employment. It does not apply to employees who have up to three non-work hours available while the polls are open. Employees must be paid. Coercing, directing, or threating to discharge any employee to vote for any measure, party is a Class C misdemeanor (up to 30 days in jail or a fine up to $50).

Texas

Employers may not refuse an employee to take time off to vote. There is no time limit, but it does not apply to employees who have up to two non-work hours available while the polls are open. Employees must be paid. The law applies to all general, special, and primary elections and to all employees. State employees must be given "sufficient time off." Any employer who fails to comply is guilty of a Class C misdemeanor (fine of up to $500).

Utah

Employers must grant employees up to two hours to vote on election day. "Election" means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a local district election. It does not apply to employees who have up to three non-work hours available while the polls are open. The law applies to all employees and employees must be paid. Any employer who fails to comply is guilty of a Class B misdemeanor (up to six months in jail and/or a fine of up to $1,000).

West Virginia

Any employee entitled to vote may take up to three hours, if necessary, between opening and closing of polls. It is paid time off unless three hours nonworking time available to vote or employee fails to vote. Employees must apply in writing three days before election. The law applies to any election. An employer may schedule voting leave in essential government, health, hospital, transportation, communication services, and in production, manufacturing and processing works requiring continuity of operations. Employers, other than corporations, that interfere with time-off-to-vote and freedom-to-vote provisions are guilty of a misdemeanor, and, upon conviction, are subject to a fine of up to $500 and/or jail of up to six months. Corporations that violate the law are subject to a fine of up to $1,000.

Wisconsin

Employees can take up to three hours during the time the polls are open. The law applies to any election. This is not paid time off. The law applies to all employees. Employers that violate the law can be fined up to $1,000 or face up to six months in jail.

Wyoming

Employees can take up to one hour during the time the polls are open. The law applies to any primary or general election. This does not apply to employees who have up to three non-work hours available while the polls are open. This is paid time off if the employee votes. The law applies to all employees. Employers that violate the law can be fined up to $1,000 or face up to six months in jail.