and Puerto Rico

APPENDIX: A Survey of Laws Allowing Paid Time Off to Vote on Election Day in the 50 States, the District of Columbia, and Puerto Rico

Thefollowingappendixisasurveyofthelawsof the50states,DC,andPuertoRicoonthefollowingquestions: (1) Doesthisstateallowemployeestotake leavefromworktovoteonElectionDay? (2) Howlongareemployeesallowedtotake leavetovoteonElectionDay? (3) IsleavetovoteonElectionDaypaidor unpaid? (4) Whatisthemaximumpenaltyemployers faceforviolatingthestatute? The information provided in this report does not, and is not intended to, constitute legal advice.

Theappendixincludescitationsalongwith hyperlinkstowhereinthelawtheseprovisions reside,toshowhowsimpleitwouldbetochange theselawstoprovideworkers’leavetovote.A motivatedadvocateinastatecouldencouragea lawmakertosimplyrequireemployerstoprovide theirworkerspaidleavetovote.Ortakealawthat doesso,andchangeitsoworkershavethenecessary amount of time neededtovote.

ALABAMA

Does this state allow employees to take leave from work to vote on Election Day? Yes.ALCode§17-1-5.

How long are employees allowed to take leave to vote on Election Day? 1hour.ALCode§17-1-5.

Is leave to vote on Election Day paid or unpaid? Unpaid.ALCode§17-1-5. What is the maximum penalty that employers face for violating the statute? N/A

ALASKA

Does this state allow employees to take leave from work to vote on Election Day? Yes.AKStat.§15.15.100.

How long are employees allowed to take leave to vote on Election Day? Asmuchasneeded(notspecified).AKStat.§ 15.15.100.

Is leave to vote on Election Day paid or unpaid? Paid.AKStat.§15.15.100.

What is the maximum penalty that employers face for violating the statute? Violation,subjecttoafineupto$500.AKStat.§ 15.56.100.

Alaska has one of

the most generous paid leave to vote policies: Employees are allowed as much time as needed to vote, and employers are required to pay them for their time to vote.

Does this state allow employees to take leave from work to vote on Election Day? Yes.AZRev.Stat.§16-402.

How long are employees allowed to take leave to vote on Election Day? 3hours.AZRev.Stat.§16-402.

Is leave to vote on Election Day paid or unpaid? Paid.AZRev.Stat.§16-402.

What is the maximum penalty that employers face for violating the statute? Class2misdemeanor,subjecttoafineupto$750, imprisonmentuptofourmonths,orboth.AZRev. Stat.§16-402.

ARKANSAS

Does this state allow employees to take leave from work to vote on Election Day? Yes.Ark.Code§7-1-102.

How long are employees allowed to take leave to vote on Election Day? Unspecified.Ark.Code§7-1-102. Is leave to vote on Election Day paid or unpaid? Unpaid.Ark.Code§7-1-102. What is the maximum penalty that employers face for violating the statute? Finebetween$25and$250.Ark.Code§7-1-102.

Does this state allow employees to take leave from work to vote on Election Day? Yes.Cal.Elec.Code§14000.

How long are employees allowed to take leave to vote on Election Day? 2hours.Cal.Elec.Code§14000.

Is leave to vote on Election Day paid or unpaid? Paid.Cal.Elec.Code§14000.

What is the maximum penalty that employers face for violating the statute? N/A

COLORADO

Does this state allow employees to take leave from work to vote on Election Day? Yes.Colo.Rev.Stat.§1-7-102,Colo.Rev.Stat.§ 31-10-603.

How long are employees allowed to take leave to vote on Election Day? 2hours.Colo.Rev.Stat.§1-7-102,Colo.Rev.Stat. §31-10-603.

Is leave to vote on Election Day paid or unpaid? Paid.Colo.Rev.Stat.§1-7-102,Colo.Rev.Stat.§ 31-10-603.

What is the maximum penalty that employers face for violating the statute? Misdemeanor,subjecttoafineupto$1,000,imprisonmentuptooneyear,orboth. Colo.Rev.Stat.§1-13-719,Colo.Rev.Stat.§31-101522. Does this state allow employees to take leave from work to vote on Election Day? No.Conn.Gen.Stat.§§9-164to9-237a;9-365to 9-366.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

DELAWARE

Does this state allow employees to take leave from work to vote on Election Day? No.Del.Codetit.15,§§4101to6107.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

Does this state allow employees to take leave from work to vote on Election Day? No.Fla.Stat.§§97.011to107.11.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

GEORGIA

Does this state allow employees to take leave from work to vote on Election Day? Yes.Ga.Code§21-2-404.

How long are employees allowed to take leave to vote on Election Day? 2hours.Ga.Code§21-2-404.

Is leave to vote on Election Day paid or unpaid? Unpaid.Ga.Code§21-2-404. What is the maximum penalty that employers face for violating the statute? Misdemeanor,subjecttoafineupto$1,000,imprisonmentuptooneyear,orboth.Ga.Code§§21-2404,21-2-598. Does this state allow employees to take leave from work to vote on Election Day? No.Haw.Rev.Stat.§§11-91to11-140.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

IDAHO

Does this state allow employees to take leave from work to vote on Election Day? No.IdahoCode§§34-401to34-437B.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

Does this state allow employees to take leave from work to vote on Election Day? Yes.10Ill.Comp.Stat.§§5/7-42,10Ill.Comp. Stat.§5/17-15.

How long are employees allowed to take leave to vote on Election Day? 2hours.10Ill.Comp.Stat.§§5/7-42,10Ill.Comp. Stat.§5/17-15.

Is leave to vote on Election Day paid or unpaid? Paid.10Ill.Comp.Stat.§§5/7-42,10Ill.Comp. Stat.§5/17-15.

What is the maximum penalty that employers face for violating the statute? ClassAmisdemeanor,subjecttoafineupto $2,500,imprisonmentuptooneyear,orboth. 10Ill.Comp.Stat.§5/29-12. Does this state allow employees to take leave from work to vote on Election Day? No.Ind.Code§§3-5-1-0.3to3-5-9-7.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

IOWA

Does this state allow employees to take leave from work to vote on Election Day? Yes.IowaCode§§49.109.

How long are employees allowed to take leave to vote on Election Day? 3hours.IowaCode§§49.109.

Is leave to vote on Election Day paid or unpaid? Paid.IowaCode§§49.109.

What is the maximum penalty that employers face for violating the statute? Simplemisdemeanor,subjecttoafinebetween $65and$625,imprisonmentupto30days,or both.IowaCode§39A.5.

Does this state allow employees to take leave from work to vote on Election Day? Yes.Kan.Stat.§25-418.

How long are employees allowed to take leave to vote on Election Day? 2hours.Kan.Stat.§25-418.

Is leave to vote on Election Day paid or unpaid? Paid.Kan.Stat.§25-418.

What is the maximum penalty that employers face for violating the statute? ClassAmisdemeanor,subjecttoafineupto $1,000,imprisonmentuptooneyear,orboth Does this state allow employees to take leave from work to vote on Election Day? Yes.Ky.Rev.Stat.§118.035. How long are employees allowed to take leave to vote on Election Day? 4hours.Ky.Rev.Stat.§118.035. Is leave to vote on Election Day paid or unpaid? Unpaid.Ky.Rev.Stat.§118.035. What is the maximum penalty that employers face for violating the statute? N/A

LOUISIANA

Does this state allow employees to take leave from work to vote on Election Day? No.La.Stat.§§18:1to18:1951.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

MAINE

Does this state allow employees to take leave from work to vote on Election Day? No.Me.Stat.tit.21,§§1to1622.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

Does this state allow employees to take leave from work to vote on Election Day? Yes.Md.Elec.LawCode§10-315.

How long are employees allowed to take leave to vote on Election Day? 2hours.Md.Elec.LawCode§10-315.

Is leave to vote on Election Day paid or unpaid? Paid.Md.Elec.LawCode§10-315.

What is the maximum penalty that employers face for violating the statute? N/A

MASSACHUSETTS

Does this state allow employees to take leave from work to vote on Election Day? Yes.Mass.Gen.Lawsch.149,§178.

How long are employees allowed to take leave to vote on Election Day? 2hours.Mass.Gen.Lawsch.149,§178.

Is leave to vote on Election Day paid or unpaid? Unpaid.Mass.Gen.Lawsch.149,§178. What is the maximum penalty that employers face for violating the statute? Fineupto$500.Mass.Gen.Lawsch.149,§180.

MICHIGAN

Does this state allow employees to take leave from work to vote on Election Day? No.Mich.Comp.Laws§§168.1to168.992. How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A Does this state allow employees to take leave from work to vote on Election Day? Yes.Minn.Stat.§204C.04.

How long are employees allowed to take leave to vote on Election Day? “Forthetimenecessary.”Minn.Stat.§204C.04. Is leave to vote on Election Day paid or unpaid? Paid.Minn.Stat.§204C.04.

What is the maximum penalty that employers face for violating the statute? Misdemeanor,subjecttoafineupto$1,000,imprisonmentupto90days,orboth.Minn.Stat.§ 204C.04.

MISSISSIPPI

Does this state allow employees to take leave from work to vote on Election Day? No.Miss.Code§23-15-871.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

Does this state allow employees to take leave from work to vote on Election Day? Yes.Mo.Rev.Stat.§115.639.

How long are employees allowed to take leave to vote on Election Day? 3hours.Mo.Rev.Stat.§115.639.

Is leave to vote on Election Day paid or unpaid? Paid.Mo.Rev.Stat.§115.639.

What is the maximum penalty that employers face for violating the statute? Class4electionoffense,subjecttoafineupto $2,500,imprisonmentuptooneyear,orboth.Mo. Rev.Stat.§115.639.

MONTANA

Does this state allow employees to take leave from work to vote on Election Day? No.Mont.Code§§13-1-101to13-1-506.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A Does this state allow employees to take leave from work to vote on Election Day? Yes.Neb.Rev.Stat.§32-922.

How long are employees allowed to take leave to vote on Election Day? 2hours.Neb.Rev.Stat.§32-922.

Is leave to vote on Election Day paid or unpaid? Paid.Neb.Rev.Stat.§32-922.

What is the maximum penalty that employers face for violating the statute? N/A

NEVADA

Does this state allow employees to take leave from work to vote on Election Day? Yes.Nev.Rev.Stat.§293.463.

How long are employees allowed to take leave to vote on Election Day? Upto3hours,dependingondistancefromthe pollinglocation.Nev.Rev.Stat.§293.463. Is leave to vote on Election Day paid or unpaid? Paid.Nev.Rev.Stat.§293.463.

What is the maximum penalty that employers face for violating the statute? Misdemeanor,subjecttoafineupto$1,000,imprisonmentuptosixmonths,orboth.Nev.Rev. Stat.§293.463.

Does this state allow employees to take leave from work to vote on Election Day? No.N.H.Rev.Stat.§§652:1to652:27.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

NEW JERSEY

Does this state allow employees to take leave from work to vote on Election Day? No.N.J.Rev.Stat.§§19:1-1to19:63-31.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

NEW MEXICO

Does this state allow employees to take leave from work to vote on Election Day? Yes.N.M.Stat.§1-12-42.

How long are employees allowed to take leave to vote on Election Day? 2hours.N.M.Stat.§1-12-42.

Is leave to vote on Election Day paid or unpaid? Paid.N.M.Stat.§1-12-42.

What is the maximum penalty that employers face for violating the statute? Misdemeanor,subjecttoafinebetween$50and $100.N.M.Stat.§1-12-42. Does this state allow employees to take leave from work to vote on Election Day? Yes.N.Y.Elec.Law§3-110.

How long are employees allowed to take leave to vote on Election Day? 2hours.N.Y.Elec.Law§3-110.

Is leave to vote on Election Day paid or unpaid? Paid.N.Y.Elec.Law§3-110.

What is the maximum penalty that employers face for violating the statute? Misdemeanor,subjecttoimprisonmentuptoone year.N.Y.Elec.Law§17-118.

Does this state allow employees to take leave from work to vote on Election Day? No.N.C.Gen.Stat.§§163-1to163-335. Does this state allow employees to take leave from work to vote on Election Day? Yes.OhioRev.Code§3599.06.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

NORTH DAKOTA

Does this state allow employees to take leave from work to vote on Election Day? No.N.D.Cent.Code§§16.1-01to16.1-16.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A How long are employees allowed to take leave to vote on Election Day? A“reasonableamountoftime.”OhioRev.Code§ 3599.06.

Is leave to vote on Election Day paid or unpaid? Paidforsalariedemployees,unpaidforhourly employees.OhioRev.Code§3599.06. What is the maximum penalty that employers face for violating the statute? Finebetween$50and$500.OhioRev.Code§ 3599.06.

OKLAHOMA

Does this state allow employees to take leave from work to vote on Election Day? Yes.Okla.Stat.tit.26,§7-101.

How long are employees allowed to take leave to vote on Election Day? 2hours.Okla.Stat.tit.26,§7-101.

Is leave to vote on Election Day paid or unpaid? Paid.Okla.Stat.tit.26,§7-101.

What is the maximum penalty that employers face for violating the statute? Finebetween$50and$100.Okla.Stat.tit.26,§ 7-101.

Does this state allow employees to take leave from work to vote on Election Day? No.Or.Rev.Stat.§§246.012to260.995.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

PENNSYLVANIA

Doesthisstateallowemployeestotakeleavefrom worktovoteonElectionDay? No.25Pa.Cons.Stat.§§1101to3519.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

RHODE ISLAND

Does this state allow employees to take leave from work to vote on Election Day? No.R.I.Gen.Laws§§17-1-117-29-3.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A Does this state allow employees to take leave from work to vote on Election Day? No.S.C.Code§§7-1-10to7-25-220.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

SOUTH DAKOTA

Does this state allow employees to take leave from work to vote on Election Day? Yes.S.D.CodifiedLaws§12-3-5.

How long are employees allowed to take leave to vote on Election Day? 2hours.S.D.CodifiedLaws§12-3-5.

Is leave to vote on Election Day paid or unpaid? Paid.S.D.CodifiedLaws§12-3-5.

What is the maximum penalty that employers face for violating the statute? Class2misdemeanor,subjecttoafineupto$500, imprisonmentupto30days,orboth.S.D.CodifiedLaws§12-3-5.

Does this state allow employees to take leave from work to vote on Election Day? Yes.Tenn.Code§2-1-106.

How long are employees allowed to take leave to vote on Election Day? 3hours.Tenn.Code§2-1-106.

Is leave to vote on Election Day paid or unpaid? Paid.Tenn.Code§2-1-106.

What is the maximum penalty that employers face for violating the statute? N/A

TEXAS

Does this state allow employees to take leave from work to vote on Election Day? Yes.Tex.Elec.Code§276.004.

How long are employees allowed to take leave to vote on Election Day? Unspecified.Tex.Elec.Code§276.004. Is leave to vote on Election Day paid or unpaid? Paid.Tex.Elec.Code§276.004.

What is the maximum penalty that employers face for violating the statute? ClassCmisdemeanor,subjecttoafineupto$500. Tex.Elec.Code§276.004. Does this state allow employees to take leave from work to vote on Election Day? Yes.UtahCode§20A-3a-105.

How long are employees allowed to take leave to vote on Election Day? 2hours.UtahCode§20A-3a-105.

Is leave to vote on Election Day paid or unpaid? Paid.UtahCode§20A-3a-105.

What is the maximum penalty that employers face for violating the statute? ClassBmisdemeanor,subjecttoafineupto $1,000,imprisonmentuptosixmonths,orboth. UtahCode§20A-3a-105.

VERMONT

Does this state allow employees to take leave from work to vote on Election Day? No.Vt.Stat.tit.17,§§1to2986.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A

Does this state allow employees to take leave from work to vote on Election Day? No.Va.Code§§24.2-100to24.2-1019. Does this state allow employees to take leave from work to vote on Election Day? Yes.W.Va.Code§3-1-42.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A How long are employees allowed to take leave to vote on Election Day? 3hours.W.Va.Code§3-1-42.

Is leave to vote on Election Day paid or unpaid? Paid.W.Va.Code§3-1-42.

WASHINGTON

Does this state allow employees to take leave from work to vote on Election Day? No.Wash.Rev.Code§§29A.04.001to29A.92.900.

How long are employees allowed to take leave to vote on Election Day? N/A

Is leave to vote on Election Day paid or unpaid? N/A

What is the maximum penalty that employers face for violating the statute? N/A What is the maximum penalty that employers face for violating the statute? Misdemeanor,subjecttoafineupto$500,imprisonmentuptosixmonths,orboth.Additionally, acorporationmaybefinedupto$1,000.W.Va. Code§3-9-20.

WISCONSIN

Does this state allow employees to take leave from work to vote on Election Day? Yes.Wis.Code§6.76,Wis.Code§12.07.

How long are employees allowed to take leave to vote on Election Day? 3hours.Wis.Code§6.76,Wis.Code§12.07.

Is leave to vote on Election Day paid or unpaid? Unpaid.Wis.Code§6.76,Wis.Code§12.07. What is the maximum penalty that employers face for violating the statute? Fineupto$1,000,imprisonmentuptosix months,orboth.Wis.Code§12.60.

Does this state allow employees to take leave from work to vote on Election Day? Yes.Wyo.Stat.§22-2-111. How long are employees allowed to take leave to vote on Election Day? 1hour.Wyo.Stat.§22-2-111. Is leave to vote on Election Day paid or unpaid? Paid.Wyo.Stat.§22-2-111. What is the maximum penalty that employers face for violating the statute? Misdemeanor,subjecttoafineupto$1,000,imprisonmentuptosixmonths,orboth.Wyo.Stat. §22-2-112.

DISTRICT OF COLUMBIA

Does this state allow employees to take leave from work to vote on Election Day? Yes.D.C.Code§§1-1001.07a.

How long are employees allowed to take leave to vote on Election Day? 2hours.D.C.Code§§1-1001.07a.

Is leave to vote on Election Day paid or unpaid? Paid.D.C.Code§§1-1001.07a.

What is the maximum penalty that employers face for violating the statute? Fineupto$2,000.D.C.Code§1-1001.18. Does this state allow employees to take leave from work to vote on Election Day? Yes.P.R.Lawstit.16,§4561(17).

How long are employees allowed to take leave to vote on Election Day? 2hours.P.R.Lawstit.16,§4561(17).

Is leave to vote on Election Day paid or unpaid? Paid.P.R.Lawstit.16,§4561(17).

What is the maximum penalty that employers face for violating the statute? Votersmaybringalegalactionagainstanemployerwhoviolatesthestatute.P.R.Lawstit.16,§ 4561(17).