Time Off to Vote Laws by State
Low voter turnout in major elections remains a huge issue in the United States. The 2016 Presidential Election saw a 55.7% voter turnout – ranking 26th internationally when compared to recent general elections in 32 other highly developed, democratic nations.
One of the most common reasons cited for low turnout is the lack of time registered voters have on Election Day (always a Tuesday) to actually vote. Many younger professionals are unable to excuse themselves from their jobs to cast a ballot.
However, many states have laws in place that enable registered voters to take time off to vote on Election Day. Because this information is, unfortunately, difficult to find for some states, we compiled every state’s laws into one convenient, interactive visual format, along with other information relevant to voter’s rights in the workplace.
Key Facts about Voting During Work Hours
- 29 states have laws giving registered voters the right to take time off work to vote on Election Day.
- Of those 29 states, 22 require paid time off be given to vote.
- 18 of those states require advance notice to take time off to vote, and 5 of them require proof after you have voted.
- 12 states allow employees to take time off with no advance notice at all.
Interactive Map: Which States Allow Employees to Take Time Off From Work to Vote?
Hover over each state for more information.
Some States Require Advance Notice Before Time Off is Approved
Advance notice is required in 18 states. However, the circumstances can vary from state to state, including the length of advance notice required and the process by which notice is given. Hover over each state to see the specifics for advance notice for taking time off to vote.
You May Be Paid for Your Time Off Spent Voting
Of these states, 22 require that any time taken to vote must be paid. The specific amount may vary from state to state, ranging from one hour to three consecutive hours. Some states may have provisions that allow employers to specify an exact time they may be excused, while others may simply require employers to give “a reasonable amount of time” to vote. Interestingly, Ohio only allows salaried employees to be paid for time taken off for voting – the only state in the country to do so.
You May Be Required to Show Proof of Voting
5 states require voters to verify they have cast their ballots if they take time off. If not, the consequences can include disciplinary action, or a deduction of those hours from your pay. Three states actually require proof of voting in order to be paid for the time off: Wyoming, Missouri, and West Virginia.
Time off to Vote Laws by State: A Deeper Look at all 50 States
| State | Statute | Time Off Required? | How Much? | Time Off Paid or Unpaid? | Advance Notice Required? | Proof of Voting Required? |
|---|---|---|---|---|---|---|
| Alabama | Alabama Act 2006-545 | Yes | One hour | Law does not specify, so likely unpaid. | Yes, with reasonable notice | No |
| Alaska | Alaska Stat. §15.56.100 | Yes | Not Specified in Statute | Paid | No | No |
| Arizona | Ariz. Rev. Stat. § 16-402 | Yes | Three consecutive hours | Paid | Yes, one day before the election | No |
| Arkansas | Ark. Code Ann. 7-1-102 | Yes | Employers must schedule work hours so that each employee has an opportunity to vote | Unpaid | No | No |
| California | Cal. Elec. Code § 14000 | Yes | Up to two hours | Paid | Yes, two working days before election | No |
| Colorado | Colo. Rev. Stat. § 1-7-102 | Yes | Up to two hours | Paid, up to two hours. | No | No |
| Connecticut | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Delaware | N/A | No | Employee who has accrued vacation time and is not in a “critical need” position may serve as an election officer without reprisal by the employer. | N/A | N/A | N/A |
| Florida | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Georgia | Ga. Code Ann. § 21-2-404 | Yes | Up to two hours | Paid | No | No |
| Hawaii | Haw. Rev. Stat. § 11-95 | Yes | Two consecutive hours | Paid | No | Yes. Employee must show voting receipt or employers may deduct hours off from pay. |
| Idaho | No | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Illinois | 10 Ill. Comp. Stat. §§ 5/7-42; 5/17-15 | Yes | Two hours | Unpaid | Yes, one day before the election | No |
| Indiana | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Iowa | Iowa Code § 49.109 | Yes | Up to three consecutive hours when combined with nonworking time | Paid | Yes, in writing prior to the election | No |
| Kansas | Kan. Stat. Ann § 25-418 | Yes | Up to two hours. Employer may specificy time during the day when employee may vote, unless they use their lunch hour. | Paid | No | No |
| Kentucky | Ky. Rev. Stat. Ann. § 118.035 | Yes | Not less than four hours | Unpaid | Yes, one day before the election | Employees that take time off but do not vote are subject to disciplinary action |
| Louisiana | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Maine | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Maryland | Md. Code 1957 Art. 33 § 10-315 | Yes | Two hours | Paid | Yes | No |
| Massachusetts | Mass. Gen. Laws ch. 149, §178 | Yes | The first two hours that the polls are open | Unpaid | Employee must apply for leave of absence | No |
| Michigan | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Minnesota | Minn Stat. Ann. § 204C.04 | Yes | Employees eligible to vote have the right to be absent for the time necesseary to appear at a polling place, vote and return to work | Paid | No | No |
| Mississippi | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Missouri | Mo. Rev. Stat § 115.639 | Yes | Three hours | Paid, but employee must vote | Yes, prior to election day | Employee must vote to be paid |
| Montana | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Nebraska | Neb. Rev. Stat. § 32-922 | Yes | Up to two hours when combined with nonworking time | Paid | Yes, prior to or on election day | No |
| Nevada | Nev. Rev. Stat. Ann § 293.463 | Yes | Time off determined by workplace distance to polling place: Two miles or less= One hour Two to Ten miles = Two hours More than ten miles = Three hours | Paid | Yes, prior to election day | No |
| New Hampshire | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| New Jersey | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| New Mexico | N.M. Stat. Ann. § 1-12-42 | Yes | Two Hours | Paid | No | No |
| New York | N.Y. Elec. Law § 3-110 | Yes | As much time as needed when combined with nonworking time | Paid, up to two hours | Yes, not more than 10 or less than 2 working days before the election. | No |
| North Carolina | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| North Dakota | N/A | No | Employers are encouraged to establish programs that allow employee’s to vote | Unpaid | No | No |
| Ohio | Ohio Rev. Code Ann. § 3599.06 | Yes | A reasonable amount of time | Paid only for salaried employees | No | No |
| Oklahoma | Okla. Stat. Ann. tit. 26, § 7-101 | Yes | Two hours. If the polling place is too far away to vote within two hours, employees may take off sufficient time. | Paid | Yes, one day before the election. Orally or in writing | Yes |
| Oregon | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Pennsylvania | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Rhode Island | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| South Carolina | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| South Dakota | S.D. Codified Laws Ann. § 12-3-5 | Yes | Two consecutive hours | Paid | No | No |
| Tennessee | Tenn. Code Ann. § 2-1-106 | Yes | Up to three hours | Paid | Yes, before noon on Election Day | No |
| Texas | Tex. Elec. Code Ann. § 276.004 | Yes | No time limit specified | Paid | No | No |
| Utah | Utah Code Ann. § 20A-3-103 | Yes | Two hours at the beginning or end of shift | Paid | Yes, before election day | No |
| Vermont | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Virginia | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| Washington | N/A | No | No laws require employers to give workers time off to vote. | N/A | N/A | N/A |
| West Virginia | W. Va. Code § 3-1-42 | Yes | Up to three hours | Paid (if employee votes) | Yes, written request at least three days before election | Employee must vote to be paid |
| Wisconsin | Wis. Stat. Ann. § 6.76 | Yes | Up to three consecutive hours | Unpaid | Yes, before election day | No |
| Wyoming | Wyo. Stat. § 22-2-111 | Yes | One hour outside meal break | Paid (if employee votes) | No | Employee must vote to be paid |
Mathew and George is an employment law and workplace sexual harassment firm based in Los Angeles.