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Time Off To Vote

SDCL § 12-3-5 — two consecutive hours off while the polls are open, without a pay cut

A voter who does not have two consecutive hours off work while the polls are open is entitled to two consecutive hours away to vote, with no penalty and no deduction from pay.

  • SDCL § 12-3-5
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The employer picks the hours. The employer may specify which hours. An employer who refuses or docks pay commits a Class 2 misdemeanor.

  • SDCL § 12-3-5

A particular question is one for a licensed South Dakota attorney.

  • SDCL § 12-3-5
Sources for this section (1)
  1. SDCL § 12-3-5 — Time allowed employees from work to vote; Penalty and pay deduction prohibited; Violation as misdemeanor

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.