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Time Off for Voting Rules in New Mexico

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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New Mexico employers must provide employees with time off to vote in accordance with these state rules.

On election day, any voter in New Mexico may take time off work during the time the polls are open to vote. The employee who takes time off to vote is not liable for any penalty for taking time off to vote. The employer may specify the hours during the workday when employees may take time off to vote.

These rules also apply to elections of Indian nations, tribes or pueblos for a voter enrolled as a member of the Indian nation, tribe or pueblo and who is qualified to vote in the election.

Paid time off rules: No provision, however, the Attorney General has construed the law to require pay, limited to two hours for hourly paid workers, except where the workday ends more than three hours before the polls close and there is no loss of pay.

Amount of time off allowed: Employees are allowed up to two hours off to vote.

When time off not allowed: Time off to vote need not be given if the employee's workday begins more than two hours after the polls open or ends more than three hours before the polls close.

Employer penalty for violation: Fine of $50 to $100.

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