N.R.S. 293.463 - Employees may absent themselves from employment to vote: Procedure; penalty
Overview of Statute
This section provides that the employees may absent themselves from employment to vote.
Statute
1. Any registered voter may be absent from his or her place of employment at a time to be designated by the employer for a sufficient time to vote, if it is impracticable for the voter to vote before or after his or her hours of employment. A sufficient time to vote shall be determined as follows:
(a) If the distance between the place of such voter’s employment and the polling place where such person votes is 2 miles or less, 1 hour.
(b) If the distance is more than 2 miles but not more than 10 miles, 2 hours.
(c) If the distance is more than 10 miles, 3 hours.
2. Such voter may not, because of such absence, be discharged, disciplined or penalized, nor shall any deduction be made from his or her usual salary or wages by reason of such absence.
3. Application for leave of absence to vote shall be made to the employer or person authorized to grant such leave prior to the day of the election.
4. Any employer or person authorized to grant the leave of absence provided for in subsection 1, who denies any registered voter any right granted under this section, or who otherwise violates the provisions of this section, is guilty of a misdemeanor.
(Added to NRS by 1960, 267)
1. Definition for Registered voter
An elector who has completed the procedure prescribed by law for registration as a voter.
See Nev. Rev. Stat. § 293.090.
2. Definition for Person
1. A natural person;
2. Any form of business or social organization;
3. Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or
4. A government, governmental agency or political subdivision of a government.
See Nev. Rev. Stat. § 294A.009.
Regulations & Guidance
Attorney General's Opinions
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AGO 86-19 (1986) NRS 293.463, which authorizes a registered voter to leave his place of employment under certain circumstance in order to vote, must be liberally construed to achieve its purpose of ensuring that employees have the opportunity to vote. Under NRS 293.463, a registered voter is entitled to leave his place of employment to vote if he cannot complete his voting in time before the workday begins or after the workday ends.