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Complying with Voting Leave Requirements

Election Day is Tuesday, November 6th and employers should educate themselves on state laws governing time off to vote. While no federal law mandates that private employers allow employees time off to vote in public elections, most states have voting leave requirements covering any employees registered to vote within that state. Key variations in the laws include the number of consecutive non-working hours available for voting and whether the request must be made in advance.

The key differences in the Colorado, Kansas, Missouri, and Nebraska voting leave requirements are summarized below. For more detailed analysis by state please visit Spencer Fane’s Human Resource Solutions Blog. The amount of time allowed off is calculated by taking the amount of time allowed for voting, less the time the polls are open before or after work. The employer may specify the hours taken in all cases.

Colorado

  • Requirement: 2 hours off unless the polls are open for 3 hours before or after the work shift
  • Poll Hours: 7 AM – 7 PM
  • Request in Advance: Yes

Kansas

  • Requirement: 2 hours off unless the polls are open for 2 hours before or after the work shift
  • Poll Hours: 7 AM – 7 PM
  • Request in Advance: No

Missouri

  • Requirement: 3 hours off unless the polls are open for 3 hours before or after the work shift
  • Poll Hours: 6 AM – 7 PM
  • Request in Advance: Yes

Nebraska

  • Requirement: 2 hours off unless the polls are open for 2 hours before or after the work shift
  • Poll Hours: 8 AM – 8 PM
  • Request in Advance: No