ARTICLE
6 November 2024

On Election Day, Here Are The Workplace Rules On Voting

SG
Shipman & Goodwin LLP

Contributor

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Election Day is nearly upon us. And with early voting in Connecticut, more people have already voted than you might think.
United States Connecticut Employment and HR

Election Day is nearly upon us.

And with early voting in Connecticut, more people have already voted than you might think.

Still, on Tuesday our fellow citizens will take to the polls from 6 a.m. to 8 p.m. to vote for their favorite candidate.

Here in Connecticut, the question that arises is: Do employers need to provide employees with time off to vote on Election Day itself?

So in 2021, the state legislature passed a law that did give employees two hours of unpaid time off to vote.

However, that law expired June 30, 2024; it seems that with the adoption of early voting, the legislature didn't see a need to give employees time off on election day anymore.

Practically speaking, that means employers can insist that employees vote during non-working hours and have no legal obligation to provide time off to employees to vote. (Note, this is NOT the case is other jurisdictions so be sure to look at your applicable state law outside of Connecticut.)

However, an employer can remind employees about the polls being open and that they should vote either before or after their particular shift or work hours is certainly appropriate. Even better, allow employees to take personal time to vote if they wish, or be like other companies and offer employees at least a few hours to vote without penalty.

Connecticut does have one peculiar law, however, that makes it a crime for employers to interfere with an employee's vote. Specifically Conn. Gen. Stat. 9-365 states:

Any person who (1) during the period that is sixty days or less prior to any election, municipal meeting, school district election or school district meeting, attempts to influence the vote of any operative in his or her employ by threats of withholding employment from him or her or by promises of employment, or (2) dismisses any operative from his or her employment on account of any vote he or she has given at any such election or meeting shall be guilty of a class D felony.

There isn't a lot written about the law but still, employers should still avoid the appearance of suggesting how to vote to employees. (Employers cannot provide misleading information about the vote either.)

Employers can feel free to remind employees of their "Bill of Rights" for voting. Connecticut set up these rules and summarized them in a document here. Among the more noteworthy rules that employees should know of is their right to vote when they are "in line" at the time the polls close.

Other Tidbits

Reviewing the state's laws on elections also reveals some other interesting quirks and trivial details. For example, voting areas must have have a United States flag (minimum of 3×5 feet) on the wall (Connecticut's flag is optional), and a telephone. (And no United Nations Flags are allowed.)

No matter your political affiliation, remember to exercise your right to vote on Tuesday and encourage your employees to do the same.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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