West Virginia Political Activity laws & HR compliance analysis

West Virginia Political Activity: What you need to know

Employees who are eligible to vote in an election in the state but who do not have ample free time to do so are entitled to paid time off from work to vote.
At least 3 days before Election Day, employees must give the employer written demand for time off for voting.
Employees are entitled to up to 3 hours off when the polls are open if they do not have at least 3 hours of nonworking time available. No penalty or deduction from wages may be assessed for such absence, but a deduction may be made if the employee fails to vote.
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In essential government, health, hospital, transportation and communication services, and production, manufacturing and processing works requiring continuity of operation, the employer may schedule time off to avoid disruption of essential services and operations. However, every schedule must provide ample and convenient time for each employee to vote (WV Code Sec. 3-1-42).
Classified service. Employees in the classified service may not be appointed, promoted, demoted, or dismissed, or in any way favored or discriminated against with respect to such employment because of their political opinions or affiliations.
Employees may not use their official authority or influence to secure an appointment, an increase in pay, or other advantage of employment for any person for the purpose of influencing their vote or political actions.
Classified service employees may not (WV Admin. Code Sec. 143-1-16):
• Use the authority of their positions to interfere with or affect the result of an election or nomination for office.
• Coerce, attempt to coerce, command, or advise an employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person ...

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West Virginia Political Activity Resources

Type Title
Letters Distribution of Literature in Workplace
Policies Voting Policy
See all Political Activity Resources