New Mexico: Voting Leave Requirements

Two hours on election day

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 the phrase "without loss of pay" that some states'
voting-leave laws use. What it says is that the voter "shall not be liable to
any penalty for such absence." A deduction of wages for the protected two hours
is generally understood to be a penalty for the absence, so in practice the
time is treated as protected from a pay docking. A New Mexico Court of Appeals
decision reading the neighboring exemption in Subsection B described an employer
releasing workers early "without any wage deduction," which reflects that same
understanding. Because the words differ from an explicit paid-leave clause, an
employee who is docked should raise the point with the employer or the county
clerk rather than assume the question is settled by the text alone.

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 July 13, 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 July 13, 2026).