16-402. Absence from employment for purpose of
voting; application therefor; violation; classification
A. A person entitled to vote at a primary or general election held within this
state may, on the day of election, absent himself for the purpose of voting from the
service or employment at which he is employed if there are less than three consecutive
hours between the opening of the polls and the beginning of his regular workshift or
between the end of his regular workshift and the closing of the polls. In such event, he
may absent himself for such length of time at the beginning or end of his workshift that,
when added to the time difference between workshift hours and opening or closing of the
polls, will provide a total of three consecutive hours. He shall not, because of such
absence, be liable for any penalty, nor shall any deduction be made therefor from his
usual salary or wages. Application shall be made for such absence prior to the day of
election, and the employer may specify the hours during which the employee may absent
himself.
B. A person who refuses an employee the right conferred by this section, or who
subjects an employee to a penalty or reduction of wages therefor, or who directly or
indirectly violates the provisions of this section, is guilty of a class 2 misdemeanor.
|