Frequently Asked Questions about Privileges of Voters in California

Frequently Asked Questions about Privileges of Voters in California By Chris Micheli

            Do voters have privileges in California? Yes, the Elections Code contains “privileges of voters” in Chapter 1 of Division 14

What happens if a voter does not have sufficient time outside of working hours to vote at a statewide election? The voter may, without loss of pay, take off enough working time that, when added to the voting time available outside of working hours, will enable the voter to vote.

How much time can be taken off for voting? State law specifies that no more than two hours of the time taken off for voting is to be without loss of pay to the voter.

When can time off for voting take place? The time off for voting can only be at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed between the voter and employer.

Must an employee give notice to take time off to vote? If the employee on the third working day prior to the day of election knows or has reason to believe that time off will be necessary to be able to vote on election day, the employee must give the employer at least two working days’ notice that time off for voting is desired.

Does an employer have to provide notice to an employee? Not less than 10 days before every statewide election, every employer is required to keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the employees’ rights to take time off work to vote.

To whom do these provisions apply? These provisions of the Elections Code apply to all public agencies and their employees, as well as to employers and employees in the private industry.

Can an employer require vote by mail ballot at work? An employer is prohibited from requiring or requesting that an employee bring the employee’s vote by mail ballot to work or vote the employee’s vote by mail ballot at work.

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