FindLaw Election 2008 Resources and Coverage

State-by-State Time Off to Vote Laws

State Citation Paid Summary
Alabama Voting Laws

Alabama


Employees can take time off to vote in any election for which the employee is qualified and registered to vote, unless the employee's work hours commence at least two hours after the polls open or end at least one hour before the polls close. The employer may determine what hours are available for the employee to vote.
Alaska Voting Laws

Alaska


Employees without sufficient time to vote may take off as much time, with pay, as needed to enable voting, unless there are two hours between the opening of the polls and the beginning of their normal working hours or two hours between the closing of the polls and the end of their normal working hours.
Arizona Voting Laws

Arizona


After applying to take leave in order to vote, employees with less than three hours between the opening of the polls and the beginning of their normal work hours or the end of their normal work hours and the closing of the polls may take paid leave from work at either the beginning or end of a shift for such an amount of time that provide three consecutive hours in which to vote.
Arkansas Voting Laws

Arkansas


Employers must create schedules so that each employee will have the opportunity to vote.
California Voting Laws

California


Voters may take time off at the beginning or end of a shift to allow for sufficient time to vote, with up to two hours of that time being with pay.
Colorado Voting Laws

Colorado


With prior notice to an employer, employees may take up to two hours off of work for the purpose of voting. The employer may specify the hours the employee will take off, but the period must fall at the beginning or end of the work period if the employee so requests. There is no leave available if there are three or more hours between the time of opening and the time of closing of the polls during which the voter is not required to be on the job.
Connecticut Voting Laws

Connecticut


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No specific law requiring time off to vote.
DC Voting Laws

D.C.


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No specific law requiring time off to vote.
Delaware Voting Laws

Delaware


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No specific law requiring time off to vote.
Florida Voting Laws

Florida


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No specific law requiring time off to vote.
Georgia Voting Laws

Georgia


Employees that give reasonable notice to their employers have two hours to vote in any election for which they are qualified to vote. If the hours of work of such employee commence at least two hours after the opening of the polls or end at least two hours prior to the closing of the polls, however, the time off for voting is not available.
Hawaii Voting Laws

Hawaii


All voters are entitled to up to two hours off from work to vote, excluding lunch breaks and rest periods, unless a voter has a period of two consecutive hours between the opening and closing of the polls during which they are not scheduled to be at work. Time is paid upon proof of voting.
Idaho Voting Laws

Idaho


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No specific law requiring time off to vote.
Illinois Voting Laws

Illinois


Every employee is entitled, after giving notice, to two hours off work, provided that the employee's working hours begin less than 2 hours after the opening of the polls and end less than 2 hours before the closing of the polls.
Indiana Voting Laws

Indiana


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No specific law requiring time off to vote.
Iowa Voting Laws

Iowa


Any voter who does not have three consecutive hours in the period between the time of the opening and the time of the closing of the polls during which they are not required to work may take as much time off of work as necessary to give then three consecutive hours in which to vote.
Kansas Voting Laws

Kansas


Any registered voter may leave work for a period up to two hours to vote. If the polls are open before or after the work shift, however, the voter may only take such time off that, when added to the amount of time before or after work that the polls are open, does not exceed two hours.
Kentucky Voting Laws

Kentucky


Employees may take four hours to vote. Employers may specify which hours the employee can take off.
Louisiana Voting Laws

Louisiana


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No specific law requiring time off to vote.
Maine Voting Laws

Maine


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No specific law requiring time off to vote.
Maryland Voting Laws

Maryland


Every voter may take two hours off work so long as the employee does not have two hours of continuous off-duty during the time that the polls are open.
Massachusetts Voting Laws

Massachusetts


No employee of a manufacturing, mechanical or mercantile establishment must work during the first two hours after the polls open if the employee applied for a leave of absence during this period.
Michigan Voting Laws

Michigan


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No specific law requiring time off to vote.
Minnesota Voting Laws

Minnesota


Employees may take the morning off work for the purpose of voting.
Mississippi Voting Laws

Mississippi


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No specific law requiring time off to vote.
Missouri Voting Laws

Missouri


An employee may, with prior notice to their employer, take three hours off work to vote if there are not three consecutive hours when the polls are open during which the employee is not required to be at work.
Montana Voting Laws

Montana


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No specific law requiring time off to vote.
Nebraska Voting Laws

Nebraska


Employees who do not have 2 consecutive hours when not required to be at work during polling hours are entitled to up to 2 paid hours leave to vote. Pay cannot be deducted if the employee gives notice in advance of Election Day. The employer can set the time for leave to vote.
Nevada Voting Laws

Nevada


Employees for whom it is impractical to vote before or after work are entitled to 1 - 3 paid hours, depending on the distance between work and polling station. The employee must request leave in advance. The employer can set the time for leave to vote.
New Hampshire Voting Laws

New Hampshire


None, but if a person must be physically present at work or in transit to and from work from beginning to end of polling hours, she may apply to vote by absentee ballot.
New Jersey Voting Laws

New Jersey


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No specific law requiring time off to vote.
New Mexico Voting Laws

New Mexico


Employees whose work day begins within 2 hours of the polls opening and ends less than 3 hours before polls close are entitled to up to 2 paid hours leave to vote. The employer can set the time for leave to vote.
New York Voting Laws

New York


Employees who do not have 4 consecutive non-working hours between polls opening and closing, and who do not have "sufficient" non-working time to vote, are entitled to up to 2 hours paid leave to vote. Employees must request the leave between 2 and 10 days before Election Day. The employer can specify whether it be taken at beginning or end of shift. Employers must post this rule conspicuously 10 days prior to election.
North Carolina Voting Laws

North Carolina


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No specific law requiring time off to vote.
North Dakota Voting Laws

North Dakota


The law "encourages" employers to establish a program to allow an employee to be absent for the purpose of voting if the employee's work schedule conflicts with voting during the time polls are open. This is voluntary for employers. There is no guaranteed right to be absent.
Ohio Voting Laws

Ohio


Employers cannot fire or threaten to fire an employee for taking a reasonable amount of time to vote. Paid only for salaried employees.
Oklahoma Voting Laws

Oklahoma


Employees who begin their work day less than 3 hours after polls open and finish less than 3 hours before polls close are entitled to 2 hours leave to vote (or more if distance requires). The employee must give notice the day before Election Day and cannot have pay reduced if proof of voting is provided. The employer can set the time for leave to vote.
Oregon Voting Laws

Oregon


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No specific law requiring time off to vote.
Pennsylvania Voting Laws

Pennsylvania


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No specific law requiring time off to vote.
Puerto Rico Voting Laws

Puerto Rico


Laws of Puerto Rico §§ 309:3204, 3237
Election day is a legal holiday in Puerto Rico and most employees have the day off work. Employers running a business in operation on election day, however, must establish shifts allowing employees to go to the polls between 8am and 3pm.
Rhode Island Voting Laws

Rhode Island


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No specific law requiring time off to vote.
South Carolina Voting Laws

South Carolina


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No specific law requiring time off to vote.
South Dakota Voting Laws

South Dakota


Employees who do not have 2 consecutive hours when not required to be at work during the hours polls are open are entitled to up to 2 paid hours leave to vote. The employer can set the time for leave to vote.
Tennessee Voting Laws

Tennessee


Employees who begin their work day less than 3 hours after polls open and finish less than 3 hours before polls close are entitled to up to 3 hours paid leave to vote. The employee must request leave by noon the day before Election Day. The employer can set the time for leave to vote.
Texas Voting Laws

Texas


Employees must be given time to vote without any penalty if polls are not open for 2 consecutive hours outside the employee's work day.
Utah Voting Laws

Utah


Employees who do not have 3 consecutive hours when not required to be at work during the hours polls are open are entitled to up to 2 paid hours leave to vote. The employee must request leave before Election Day. The employer can set the time for leave, but employee requests for leave at the beginning or end of work hours shall be granted.
Vermont Voting Laws

Vermont


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No specific law requiring time off to vote.
Virginia Voting Laws

Virginia


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No specific law requiring time off to vote.
Washington Voting Laws

Washington


Employees who do not have 2 free hours (excluding meals and breaks) during their work day in which polls are open, and who receive their work schedule with insufficient time to request an absentee ballot, are entitled to up to 2 paid hours leave to vote. The employer can set the time for leave to vote.
West Virginia Voting Laws

West Virginia


Employees who do not have 3 hours of their own time during polling hours are entitled to up to 3 paid hours leave to vote. The employee must demand leave in writing at least three days before Election Day. In certain essential operations, employers receiving written request can schedule the hours when employees will be allowed to leave to vote.
Wisconsin Voting Laws

Wisconsin


Employees are entitled to up to 3 hours leave to vote. The employee must request leave before Election Day. Pay can be deducted for time lost. The employer can set the time for leave to vote.
Wyoming Voting Laws

Wyoming


Employees who do not have 3 consecutive non-working hours while the polls are open are entitled to 1 paid hour leave (excluding meal times) to vote. The employer can set the time for leave to vote.