Today, Lawyers for Good Government (L4GG) released its new report indicating that there are still many legal barriers that prevent people from exercising their civic duty, and that those barriers primarily affect Black and Brown voters.
The report, titled “No Time To Vote: Achieving Racial Equity in Paid Time Off on Election Day”, says that during the 2016, 2018, and 2020 elections, Black and Brown voters waited longer to vote than white voters. In 2016, voters in predominantly Black communities waited 29% longer than voters in predominantly white communities.
To combat the discriminatory impacts on voters of color, the report offers the recommendation that states require that employees have time to vote without penalty or loss of wages. The report found that while thirty states require employers to allow their employees time off to vote on Election Day, the vast majority of the states that require leave for voting cap the time requirement at one, two, or three hours. These caps are problematic because voters must often stand in line for far longer, forcing them to choose between their income and exercising their right to vote. Additionally, six states require employers to allow leave, but require that the leave is unpaid.
“Making voting accessible and equitable is a racial justice issue. Significant numbers of people continue to vote in person on Election Day, and while our nation has progressed beyond the overt racism of poll taxes and literacy tests, a persistent barrier has been long lines to vote and the so-called ‘time tax,’ which continues to disenfranchise people of color. Our report hopes to shed light on this disparity and suggest viable solutions to make voting fairer for all Americans.”
“In order to uphold the tenets of our democracy, it needs to work for everyone. To do that, we recommend policy changes that guarantee that all workers will have the necessary amount of time to leave work to vote without penalty or loss of pay. Our suggestions also provide an explicit private right of action to hold employers accountable if they violate the policy. In this way, we hope to see a new day for racial equity in voting, and the strengthening of our democracy.”