Question on employment and election law...

Asked almost 2 years ago - Marietta, OH

I live in Ohio but work in West Virginia. The election is on Tuesday and I do not want to miss my chance to vote. According to election law in OH, I am to be given leave reasonable for me enough to vote and return to work. WV law states that I must give three days notice to my employer of my intent to vote. If I do not have three hours of non-working time while the polls are open, the employer is to grant the request without penalty. My question is, would this fall under Ohio law since the election is in Ohio, or would this fall under West Virginia law since the law is more aimed at employers than at employees? Thank you!

Attorney answers (2)

  1. Lori Ann Strobl

    Contributor Level 13


    Lawyer agrees

    Answered . Your employer would follow the state voting leave laws in its own state, West Virginia. You are correct that this means that with three (3) days written notice, an employer must allow you up to three (3) hours of leave in order to vote.

    Lori A. Strobl
    Strobl & Associates, Co LPA
    1015 E. Centerville Station Rd.
    Centerville, Ohio 45459
    (937) 496-1450

    This website contains general information only. The information contained in this website is not intended to... more
  2. Kyle J Bristow

    Contributor Level 13

    Answered . The employer is subject to the laws of the State of West Virginia, which is where it is located. Regardless of the laws, many employers are often willing to permit their employees to vote, so you may just want to speak with your supervisor next time you wish to vote.

    Good luck!

    No attorney-client relationship is established via The material posted by Kyle J. Bristow, Esq., is for... more

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