Time Off to Vote
Section 1-12-42 — two hours away from work on election day while the polls are open
On election day a voter may be absent from work for two hours to vote between the opening and closing of the polls, with no penalty for the absence. The employer may specify which hours.
Who handles this in New Mexico: legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
It does not apply to an employee whose work day begins more than two hours after the polls open or ends more than three hours before they close. It applies to elections of Indian nations, tribes and pueblos for an enrolled member qualified to vote.
Refusing the right is a misdemeanor punished by a fine of $50 to $100.
Sources for this section (1)
- NMSA 1978, § 1-12-42 — Conduct of election; employees; time to vote
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.