An employee entitled to vote in any election held within the state who does not have 2 consecutive hours off on voting day, including primary elections, when the polls are open must be granted 2 consecutive hours off without loss of pay during the workday to vote. The employer may specify the times such employee may leave the workplace to vote. Employers are prohibited from penalizing employees for taking leave to vote. An employer that refuses to grant time off for voting according to these provisions, or penalizes an employee for taking time off, is guilty of a misdemeanor (SD Cod. Laws Sec. 12-3-5).