Compliance Poster has compiled a chart representing all 50 states and the "employee's right to vote" laws, and the obligations of an employer to provide time off toparticipate in elections. States differ in requirements of paid and unpaid leave for voting.
| STATE |
EMPLOYEES AFFECTED |
TIME ALLOWED FOR VOTING |
PAID OR UNPAID |
WRITTEN ADVANCE NOTICE BY EMPLOYEE REQUIRED |
EMPLOYER CAN SPECIFY HOURS |
VIOLATION PENALTIES |
| Alaska |
All Voters |
"Time sufficient, if not at least 2 hours before or after shift when polls are open. " |
Paid |
Not specified |
Not specified |
Not specified |
| Arizona |
All Voters |
Up to 3 hours unless polls are open 3 hours before or after shift |
Paid |
Yes |
Yes |
"Fine up to $10,000 and/or jail up to 6 mos; for enterprises, fine up to $20,000" |
| Arkansas |
All Voters |
Employer must allow sufficent time for employee to vote. |
Not specified |
Not specified |
Not specified |
Fines from $25 to $250 |
| California |
"All Voters NOTE: Employers must post the ""Time Off to Vote"" poster from the Sec. Of State 10 days prior to a statewide election" |
2 hours |
Paid up to 2 hours |
2 workdays before election |
"Start or end of shift, unless employer and employee agree to other times. Employees whose jobs require work shifts of 24 or more consecutive hours can apply for permanent absentee voter status." |
Not specified |
| Colorado |
All Voters |
2 hours unless polls open 3 non-working hours |
Paid up to 2 hours for hourly workers |
Yes |
"Yes, at beginning or end of shift" |
"Fines up to $1,000 and/or jail for up to 1 year, corporations also face forfeit of charter and right to business in state" |
| Georgia |
All Voters |
"Up to 2 hours where necessary, unless 2 hours available before or after work" |
Not specified |
Yes |
Yes |
Not specified |
| Hawaii |
All Voters |
"2 hours, excluding lunch or rest periods, unless polls open 2 consecutive non-working hours" |
"Yes, if vote is cast" |
Not specified |
Not specified |
Fine of $50 to $300 |
| Idaho |
No general provisions. |
- |
- |
- |
- |
- |
| Illinois |
All Voters |
2 hours between opening and closing of polls |
No |
Yes |
Yes |
Not specified |
| Iowa |
All Voters |
"Employees are allowed up to 3 hours off in order to vote when polls are open, unless employee has 3 consecutive hours non-work time when polls are open" |
Yes |
"In writing, prior to Election Day" |
Yes |
Fine of $50 to $500 |
| Kansas |
All Voters |
"Up to 2 hours (not including lunch periods), between open and close of polls" |
Yes |
Not specified |
Yes (not to include lunch period) |
"Fine up to $2,500 and/or jail up to 1 year" |
| Kentucky |
All Voters |
Employees allowed up to 4 hours during poll hours (also for requesting applications or excuting absentee ballots on the day they appear before the clerk) No penalty to employee unless they do not actually cast vote. |
No |
Yes |
Yes |
Not specified |
| Maryland |
All Voters |
Up to 2 hours unless employee has 2 continuous non-working hours during time polls are open. Employee must provide proof of voting from the Election judge. |
"Yes, with proof of vote cast" |
Not specified |
Not specified |
Not specified |
| Massachusetts |
"All Voters employed in mechanical, manufacturing or mercantile businesses" |
These employees must be allowed time off d;uring the first 2 hours after the polls have opened. |
Not specified |
"Yes, must apply for leave" |
Not specified |
Fine up to $500 |
| Minnesota |
All Voters |
Mornings of election day - employees must use time to vote. |
Yes |
Not specified |
Not specified |
"Fine up to $1,000 and/or jail up to 90 days" |
| Missouri |
All Voters |
3 hours unless the polls are open 3 consecutive non-working hours |
Yes |
"Yes, prior to Election Day" |
Yes |
"Fine up to $2,500 and/or 1 year in jail" |
| Nebraska |
All Voters |
Up to 2 hours unless polls open 2 hours before or after work |
Yes |
"Yes, prior to Election Day" |
Yes |
Not specified |
| Nevada |
All Voters |
“Sufficient time” unless “sufficient time” exists during non-working hours. May take 1 to 3 hours depending on polls’ distances |
Yes |
Yes |
Yes |
"Fine up to $1,000 and/or jail up to 6 months" |
| New Mexico |
All Voters |
Up to 2 hours unless work begins 2 hours after polls open or ends 3 hours before polls close |
"Not specified by law, but Attorney General has construed the law to require pay. Pay is limited to 2 hours" |
Not specified |
"Yes, but cannot include lunch or rest periods." |
Fine of $50 to $100 |
| New York |
"All Voters NOTE: Employers must post the ""Time Off to Vote"" posting from the Sec. Of State 10 days prior to a statewide election" |
"“Sufficient time” unless “sufficient time” exists during non-working hours; 4 consecutive non-working hours while polls open is “sufficient”. |
Limited to 2 hours |
"Yes, 2-10 work days prior to Election Day" |
"Yes, 2-10 work days prior to Election Day" |
"Fine of $100 to $500 and/or jail up to 1 year (first offense). Repeat violations constitute a ""felony"". Corporations also face forfeiture of charter" |
| North Dakota |
All Voters |
Employers are encouraged to provide time off to vote when employee’s regular work schedule conflicts with times polls are open. It is voluntary. |
Not specified |
Not specified |
Not specified |
Not specified |
| Ohio |
All Voters |
Reasonable time (amount not specified) Employees who are Election Officials must also be allowed time off. |
"Employers must pay employees, unless employees are paid an hourly wage, on a piece work basis, or receive a commission." |
Not specified |
Not specified |
Discharge or threat of discharge prohibited; fine of $50 to $500 |
| Oklahoma |
All Voters |
"2 hours or more if necessary, except where employee has 3 hours before or after working hours to vote" |
"Yes, if vote is actually cast" |
Yes |
Yes |
Fine of $50 to $100 |
| South Dakota |
All Voters |
"2 consecutive hours, unless employee has 2 non-working hours that the polls are open." |
Yes |
Not specified |
Yes |
Fine up to $200 and/or jail up to 30 days |
| Tennessee |
All Voters |
Up to 3 hours unless polls open 3 hours before or after work |
Yes |
Yes |
Yes |
Not specified |
| Texas |
All Voters |
Amount not specified; none if polls open for 2 non-working hours |
Yes |
Not specified |
Yes |
"Fine up to $2,000" |
| Utah |
All Voters |
"2 hours between opening and closing of polls, unless polls open 3 or more non-working hours" |
Yes |
"Yes, prior to Election Day" |
Yes |
"Fine up to $1,000 and/or jail up to 6 months; for corporations, fine up to $5,000" |
| Washington |
All Voters |
"Up to 2 hours, however this does not apply if the employee is informed of his work schedule for an election day in sufficient time to obtain a absentee ballot." |
Yes |
Not specified |
Not specified |
Not specified |
| West Virginia |
All Voters |
"Up to 3 hours, if necessary, between opening and closing of polls" |
"Yes, unless has 3 hours non- working time to vote and chooses not to do so" |
"In writing, at least 3 days before election" |
"Not specified, Employer may schedule time off to vote in essential government, health, hospital, transportation & communication services & in production, manufacturing & processing works so as to prevent interruption of services but ample and convenient time & opportunity to vote." |
"For corporations, fine up to $1,000; other employers/ individuals, fine up to $500 and/or jail up to 6 months for employers, officers, agents or managers." |
| Wisconsin |
All Voters |
Up to 3 hours while polls open |
No |
Yes |
Yes |
"Fine up to $1,000 and/or county jail up to 6 months" |
| Wyoming |
All Voters |
"1 hour, unless polls open 3 or more consecutive non-working hours" |
"Yes, if vote is cast" |
Not specified |
"Yes, exclusive of meal times" |
Not specified |