Time Off for Democracy

Although 58 percent of the voting age population turned out to vote in the 2004 presidential election—the highest percentage since 1992—turnout levels are significantly lower than they were in the 1960s. Nearly 70 percent of Americans regularly voted in presidential elections in that decade.1 Turnout is even worse in off-year elections: only 42 percent of the voting age population participated in the 2002 general election and about 55 percent turned out for off-year elections until 1970.2 By comparison, in 2004-2005 voter turnout was 61 percent in Canada, 64 percent in Russia, 65 percent in Portugal, 66 percent in El Salvador, 71 percent in Austria, 76 percent in Greece, 77 percent in South Africa, 80 percent in Taiwan, 85 percent in Denmark and 94 percent in Australia.3

By definition, democracy requires the participation of the governed. And naturally, a democratic government responds to those citizens who participate. If fewer and fewer citizens participate, government policy shifts from reflecting the desires of all citizens to reflecting the desires of a few. This can lead to a cycle of cynicism that further depresses participation levels. For the sake of a healthy democracy, we must do everything possible to make it easier for Americans to vote and to facilitate other participation in the political process.

American elections are almost always held on workdays. That makes it impossible for many workers to get to the polls. More commonly, unexpected problems—like bad traffic or long lines at the polls—can make it more difficult to vote and still be at work on time. Twenty-one percent of registered voters who did not vote in the 2000 presidential election—representing four million Americans—told the U.S. Census Bureau that they could not take time off from work or school or were just too busy that day—making lack of time the most common reason that people don’t vote.4

Americans should have the opportunity to serve as election judges, poll watchers, and volunteers for election authorities or for the candidates of their choice on Election Day. America suffers from a severe shortage of Election Day workers—and since the average age of Election Day officials is 72, the problem will only get worse.5 This “emerging crisis” justifies giving employees Election Day off to work at the polls, according to the Election Assistance Commission chairman.6 But many employees can’t get the day off—even if they are willing to take leave without pay.

Ten states (DE, HI, IL, IN, LA, MT, NY, RI, SC, WV) recognize that citizens should be encouraged to fully participate in elections and declare Election Day a state holiday for government workers.7 In 2001, the National Commission on Federal Election Reform, headed by former Presidents Jimmy Carter and Gerald Ford, recommended designation of Election Day as a federal holiday by moving it to coincide with Veterans’ Day. The Commission reasoned that if Election Day were a holiday, working people could vote and participate in the democratic process more easily.8

Six states (CO, IL, KY, MN, NY, WV) have strong time-off-to-vote statutes that effectively guarantee workers up to two hours of paid leave. Kentucky’s statute also allows election officials to take full days off without pay both for training and Election Day. A 2005 Virginia law provides election officers employment protections similar to those offered to jurors. Four states (AR, MA, OH, WI) have laws that guarantee unpaid leave to vote. Nineteen states (AK, AZ, CA, GA, HI, IA, KS, MD, MO, NE, NV, NM, OK, SD, TN, TX, UT, WA, WY) allow time-off-to-vote in only limited circumstances—usually when employees do not have at least two consecutive hours of non-work time while the polls are open. For example, if a workday ends at 6 p.m. and the polls close at 8 p.m., no time off is allowed. Twenty-one states (AL, CT, DE, FL, ID, IN, LA, ME, MI, MS, MT, NH, NJ, NC, ND, OR, PA, RI, SC, VT, VA) do not require any cooperation from employers on Election Day—workers can be fired for taking any time off to vote.9

The model act would