November 5, 2004 |
2004-R-0845 | |
ELECTION DAY LEAVE POLICIES | ||
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By: Sandra Norman-Eady, Chief Attorney | ||
You asked if Connecticut or other states have laws guaranteeing employees paid time off to vote. If so, you wanted to know how the states enforce the laws to ensure that employees’ rights are not violated. Lastly, you wanted to know if there have been any documented cases in Connecticut of employees who were unable to vote due to workplace regulations or hours.
STATE VOTING LEAVE LAWS
A majority of states (29), but not Connecticut, have laws giving employees the right to take time off from work to vote. All of these laws are structured to accommodate employees who, because of their work schedules, would otherwise not be able to vote.
Of the states guaranteeing employees time off, 21 require employers to pay them for that time. Table 1 summarizes paid voting leave laws by state. Arkansas, Georgia, Illinois, Kentucky, Massachusetts, Ohio, Utah, and Wisconsin require employers to permit their employees to be absent from work to vote but do not require the employers to pay them for the time. Massachusetts’ law applies only to mercantile, manufacturing, and mechanical establishments.
Leave policies in all 29 states include conditions for taking the time off. Most require employees to give their employers advance notice of the hours they will be away and in a few states employees must provide their employers with proof that they actually voted. In a few other states like Alabama, Delaware, and North Carolina, only election officials are allowed time off on Election Day.
Employers who do not allow employees time off to vote are subject to a penalty. In most of these states the penalty is expressly stated as a fine, a period of incarceration, or both. However in three states, California, Maryland, and Washington, the penalty is not obvious. It is possible that in these states the elections enforcement body can impose some type of penalty just as it can for other election-related violations.
Connecticut’s State Elections Enforcement Commission (SEEC) has not received any complaints from electors who have been unable to vote because of their work schedules, according to Albert Lenge, SEEC Deputy Director and Assistant General Counsel.
TABLE 1: PAID VOTING LEAVE LAWS BY STATE
States |
Leave in Hours |
Application and Conditions |
Enforcement |
Alaska § 15. 56. 100 |
2 |
None |
Refusal to allow employees time off to vote is punishable by a fine of an unspecified amount. |
Arizona § 16-402 |
3 |
Employers designate hours after receiving advance notice of leave request. |
Violators are subject to up to four months in jail, a $ 750 fine, or both. |
Arkansas § 7-1-102 |
None specified |
None |
Any employer who fails or refuses to comply will, upon conviction, be subject to a fine of $ 25 to $ 250. |
California Elec. Code § 14001 |
Unlimited |
Employers may request advance notice of time off and they may require that the time be taken at the beginning or end of work. |
The penalty for failing to allow time off is not specified. It is possible that elections enforcement officials can subject violators to a penalty. |
Colorado § 1-7-102 |
2 |
Employers designate hours after receiving advance notice of leave request. |
Violators are subject to a fine of up to $ 1,000, up to one year in county jail, or both. |
Hawaii § 11-95 |
2 |
Employers may require proof of voting. |
Any person, business, or corporation that violates this section is subject to a fine of $ 50 to $ 300. |
-Continued-
States |
Leave in Hours |
Application and Conditions |
Enforcement | ||||
Iowa § 49. 109 |
3 |
Employers designate hours after receiving advance notice of leave request. |
Violators are subject to a fine of $ 50 to $ 500 and up to 30 days imprisonment. | ||||
Kansas § 25-418 |
Up to 2 |
Employers designate hours, other than lunch hours. |
Violators are subject to up to one year in prison, a $ 2,500 fine, or both. | ||||
Maryland § 10-315 |
Up to 2 |
Employees must provide proof that they voted. |
The penalty for failing to allow time off is not specified. It is possible that elections enforcement officials can subject violators to a penalty. |
||||
Minnesota § 204C. 04 |
Morning of election |
None |
Violators are subject to up to 90 days imprisonment, a $ 1,000 fine, or both. | ||||
Missouri § 115. 639. 1 |
3 |
Employers designate hours. |
Violators are subject to up to one year in jail, a $ 2,500 fine, or both. | ||||
Nebraska § 32-922 |
2 |
Employers designate hours after receiving advance notice of leave request. |
Violators are subject to up to five years in prison, a $ 10,000 fine, or both. | ||||
Nevada § 293. 463 |
Up to 3 |
Distance between the polling place and work dictate time off. Advance leave request required. |
Violators are subject to up to six months, $ 1,000, or both. | ||||
New Mexico § 1-12-42 |
2 |
None |
Violators are subject to a fine of $ 50 to $ 100. | ||||
New York Elections § 3-110 |
2 |
Employees must give employers 2-10 days advance notice of leave request. |
Violators are subject to 30 days in county jail, a $ 200 fine, or both. | ||||
Ohio § 3599. 06 |
Reasonable |
None |
Violators are subject to a fine of $ 50 to $ 500. | ||||
Oklahoma § 26-7-101 |
2 |
Employers designate hours after receiving advance notice of leave request. |
Violators are subject to a fine of $ 50 to $ 100. | ||||
South Dakota § 12-3-5 |
2 |
Employers designate hours. |
Violators are subject to up to 11 months and 29 days in prison, a $ 2,500 fine, or both. | ||||
Tennessee § 2-1-106 |
Up to 3 |
Employers designate hours after receiving advance notice of leave request. |
Violators are subject to up to one year in prison, a $ 1,000 fine, or both. | ||||
Texas § 276. 004 |
None specified |
None |
Violators are subject to a fine of up to $ 500. | ||||
-Continued-
States |
Leave in Hours |
Application and Conditions |
Enforcement | ||||
Washington § 49. 28. 120 |
Up to 2 |
Applies only to employees who receive their work schedules for Election Day after the cutoff for voting by absentee ballot. |
The penalty for failing to allow time off is not specified. It is possible that Elections enforcement officials can subject violators to a penalty. |
||||
West Virginia § 3-1-42 |
Up to 3 |
Employers designate hours after receiving advance notice of leave request. |
If the violator is a corporation, the penalty is a fine of up to $ 1,000. If the violator is any other employer, the penalty is up to $ 500, six months in jail, or both. | ||||
Wyoming § 22. 2. 111 |
1 |
Employers designate hours. |
Violators are subject to up to six months imprisonment, a $ 1,000 fine, or both. | ||||
Source: Bureau of National Affairs (states and leave hours) Office of Legislative Research (conditions and penalties)
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