Voting Leave Requirements in New Mexico

At a glance

Requirements one by one

Leave duration and covered elections

Section 1-12-42 lets a voter leave work for two hours on election day to vote, so long as the absence falls between the time the polls open and the time they close. The statute is not limited to statewide or general elections; it speaks of "election day" generally, and Subsection C extends the same right to the elections of an Indian nation, tribe, or pueblo for a member who is enrolled and qualified to vote there.

The two-hour figure is the amount the statute sets. The employer, however, may specify which hours during the open-polls period the employee takes, so the worker does not freely pick any two hours of the day.

When the two hours are not available

The right does not apply to every schedule. Under Subsection B, an employee is outside the statute if the workday begins more than two hours after the polls open, or ends more than three hours before the polls close. In either of those cases the legislature treated the ordinary shift as already leaving enough time to vote.

New Mexico polls are open from 7 a.m. to 7 p.m. (§ 1-12-1). So if an employee's shift ends at 3 p.m., the shift ends four hours before closing — more than three — and the two-hour right is not triggered. A worker whose shift runs until 6 p.m., by contrast, ends only one hour before closing and remains within the statute.

Is the time paid?

The statute does not use a “without loss of pay” clause. It says the voter “shall not be liable to any penalty for such absence,” but it does not expressly state that wages continue or define whether a wage deduction is a penalty. The safest table answer is therefore the statutory text, not an inferred paid-leave promise.

What trips people up

The most common surprise is that many workers never qualify. The Subsection B exemption removes anyone whose shift starts well after the polls open or ends well before they close, which covers a large share of ordinary daytime schedules. Check the shift against the poll hours before assuming the two hours apply.

The right is tied to election day itself. New Mexico offers early voting, but Section 1-12-42 speaks to voting "on election day," so it is not a guarantee of paid time during an early-voting period. The employer's power to "specify the hours" is also a scheduling power, not a veto: it lets the employer choose when within the open-polls window the absence falls, not whether the qualifying employee may go.

Common questions

How much time off do I get to vote in New Mexico?

Up to two hours on election day, taken between the time the polls open and close, if your shift does not already fall within the Subsection B exemption.

Can my employer tell me when to take the two hours?

Yes. The employer may specify which hours during the open-polls period you are absent, but it cannot refuse the right to a qualifying employee.

Does this cover early voting?

The statute addresses time off "on election day." It does not itself guarantee paid time to vote early, though you may still vote early on your own schedule.

What happens to an employer that refuses?

A person who refuses the right is guilty of a misdemeanor and faces a fine of $50 to $100 under Subsection D.

Statutes and sources

• N.M. Stat. Ann. § 1-12-42: two-hour election-day voting leave, the shift-timing exemption, tribal-election coverage, the no-penalty protection, and the misdemeanor for an employer that refuses — official 2025 New Mexico Election Handbook (accessed August 20, 2026).
• N.M. Stat. Ann. § 1-12-1: New Mexico polls open at 7:00 a.m. and close at 7:00 p.m. — official 2025 New Mexico Election Handbook (accessed August 20, 2026).