HB 398
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
House Bill 398 (Delegate Palakovich Carr)
Ways and Means Finance and Education, Health, and
Environmental Affairs
Election Law – Time Off for Employee Voting
This bill requires an employer to allow an employee (in place of any employee who claims
to be a registered voter in the State) to be absent from work, for a period of up to two hours,
to vote on a day that the employee chooses to vote in person in an election (rather than
only on Election Day) if the employee does not have two hours of continuous off-duty time
during the time the polls are open on that day. The bill also repeals a requirement that the
proof that an employee is required to furnish to their employer that they have voted or
attempted to vote must be on a form prescribed by the State Board of Elections (SBE). The
bill instead requires the employee to provide reasonable proof in a timely manner. The bill
also prohibits an employer from discriminating, retaliating, or taking any form of financial
or professional reprisal against an employee who exercises the right under these provisions
to be absent from work to vote. The bill takes effect June 1, 2021.
Fiscal Summary
State Effect: None. The bill does not directly affect State finances.
Local Effect: The bill is not expected to materially affect local government finances.
Small Business Effect: Minimal.
Analysis
Current Law: Every employer in the State must permit any employee who claims to be
a registered voter in the State a period not to exceed two hours absence from work on
Election Day in order to cast a ballot if the employee does not have two hours of continuous
off-duty during the time that the polls are open. The employer must pay the employee for
the two hours absence from work. Each employee must furnish to the employer proof that
the employee has voted or attempted to vote. The proof that an employee has voted or
attempted to vote must be on a form prescribed by SBE.
Additional Information
Prior Introductions: HB 1589 of 2020 passed the House and was referred to the
Senate Education, Health, and Environmental Affairs Committee, but no further action was
taken.
Designated Cross File: SB 158 (Senator Lee) - Finance and Education, Health, and
Environmental Affairs.
Information Source(s): State Board of Elections; Department of Budget and
Management; Judiciary (Administrative Office of the Courts); Maryland Association of
Counties; Maryland Municipal League; Department of Legislative Services
Fiscal Note History: First Reader - January 15, 2021
rh/hlb Third Reader - March 22, 2021
Revised - Amendment(s) - March 22, 2021
Analysis by: Scott D. Kennedy Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 398/ Page 2


Statutes affected:
Text - First - Election Law – Time Off for Employee Voting: 10-315 Election Law
Text - Third - Election Law – Time Off for Employee Voting: 10-315 Election Law