Voting Leave Laws in New Jersey: Your Right to Vote at Work

Federal law does not mandate paid voting leave or any specific time off to vote in national elections. The Voting Rights Act of 1965, 52 U.S.C. § 10301 et seq., prohibits discrimination in voting based on race, color, or national origin, but does not require employers to grant time off for voting purposes. The National Voter Registration Act of 1993, 52 U.S.C. § 20501 et seq., requires voter registration opportunities at certain federal program agencies, but again does not create a private employer duty to grant paid leave.

Federal law does not preempt state voting leave statutes. In fact, states are encouraged to enact stronger voting rights protections through their own legislation. The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., does not address voting leave, and the EEOC does not enforce federal voting leave rights for private sector employees. Enforcement of voting leave violations falls entirely to state law and state agencies. Some states grant no voting leave at all; others grant unpaid leave or minimal paid leave. New Jersey is among the more protective states, guaranteeing paid time off.

New Jersey law is significantly stronger than the minimal federal baseline by guaranteeing paid voting leave as a standalone employee right. N.J.S.A. 19:34-2 establishes that every employee "shall be allowed, without loss of pay, sufficient time to vote on Election Day." The statute further specifies that employers must grant "at least two hours" of leave during the employee's working shift, or longer if necessary to permit the employee to vote before polls close.

N.J.S.A. 19:34-3 explicitly prohibits employers from intimidating, threatening, or coercing any employee regarding voting rights, and forbids any employer from discharging, demoting, or otherwise discriminating against an employee for taking time off to vote. These provisions are enforced by the New Jersey Division of Elections and the Attorney General's office.

Unlike federal law, New Jersey's voting leave law applies to all private sector employers without a minimum employee threshold. The law covers all employees, including part-time, temporary, and seasonal workers. There is no exemption for small businesses or specific industries. The statute does not require employees to provide advance notice, though employers may reasonably request notice when practicable.

Remedies under N.J.S.A. 19:34-3 include civil penalties imposed on violating employers and potential damages awarded to affected employees. The statute is more expansive than federal protections because it creates an affirmative employer obligation, not merely a non-discrimination rule. Employees may file complaints with the New Jersey Division of Elections or pursue civil action in state court.

New Jersey's voting leave statute contains very few exceptions. N.J.S.A. 19:34-2 applies broadly to all employees in the private sector and does not exempt employers by size, industry, or type of operation. Public sector employees generally have stronger voting rights protections under state constitutional law and civil service rules.

One practical limitation is that the right applies only on actual election days—primary election days, general election days, and special elections. It does not extend to early voting periods, mail-in voting deadlines, or voter registration deadlines, though employees may request unpaid leave for those purposes without legal retaliation risk under the statute's anti-discrimination clause.

Another edge case concerns shift workers and overnight employees. If an employee works a night shift and polls are closed before or during their entire working hours, the employer must still grant sufficient time during the employee's working shift to vote, or the employee may argue entitlement to time outside their normal shift. Case law is limited on this scenario, but the statute's language—"without loss of pay, sufficient time to vote"—suggests the employer bears the burden of facilitating voting.

Employers are not required to grant voting leave if the employee has at least 2 hours outside working hours in which to vote before polls close. However, this exception is narrow and rarely applies, as most employees work during some portion of polling hours. The employer bears the burden of proving polls are open outside the employee's working shift.

The statute does not explicitly protect employees who engage in election-related activity beyond voting (such as campaigning or poll working), though general retaliation protections under N.J.S.A. 34:37-2 (whistleblower law) may extend some protection if the activity involves reporting employer wrongdoing.

Step 1: Document the Denial of Voting Leave. Immediately after the election day, write down the date, time you requested leave, what your employer said, whether leave was granted or denied, and any wages deducted. Keep emails, text messages, or witness statements from coworkers. If your employer threatened you for requesting voting time, note the exact words and the date. Take screenshots of any written communications. Save your pay stub showing whether you were paid for the time you took off or whether it was marked as unpaid leave.

Step 2: Report Internally and Preserve Evidence. If your employer has an HR department or complaint process, file a written complaint describing the violation. Send it via email so you have a time-stamped record. State that you were denied voting leave in violation of N.J.S.A. 19:34-2 and ask for written confirmation of the company's voting leave policy. Do not discuss the matter with your employer in a way that can be characterized as threatening or confrontational. Keep all responses from HR.

Step 3: File a Complaint with the New Jersey Division of Elections. The Division of Elections enforces voting rights violations under N.J.S.A. 19:34-3. File your complaint in writing to: Division of Elections, New Jersey Department of State, 225 W. State Street, Trenton, NJ 08608, or online at nj.gov/state/elections. Include your name, employer name and address, date of violation, description of what happened, and copies of any documentation (emails, pay stubs, witness statements). There is no formal filing deadline for voting leave complaints, but file as soon as reasonably possible after the election. Provide your contact information and specify whether you want your complaint kept confidential if possible.

Step 4: Understand the Investigation Process. The Division of Elections will review your complaint and may contact your employer for a response. The employer must explain the circumstances under which leave was denied. You may be asked to provide additional information via phone or email. The investigation typically takes 4-8 weeks, though complex cases may take longer. You will not necessarily be present during the employer's interview, but you have a right to know the outcome. The Division may issue a determination finding the employer violated voting leave law and may assess civil penalties or require corrective action.

Step 5: Consult an Employment Attorney if Needed. If the Division of Elections dismisses your complaint or if you suffered significant damages (lost wages, demotion, termination), consult a New Jersey employment attorney. You may have grounds for a civil lawsuit under N.J.S.A. 19:34-3, which allows recovery of damages and potential attorney's fees. An attorney can also determine if the employer's conduct constitutes unlawful retaliation under N.J.S.A. 34:37-2 (Conscientious Employee Protection Act) if you complained about voting rights violations. Many employment attorneys offer free initial consultations. Contact the New Jersey State Bar Association for referrals to employment law specialists.