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Editorial: Fix the ‘time off to vote’ law

We are unequivocally pro-voting. Voter turnout always seems like a disappointment, except in the most hotly contested elections. All citizens should exercise their franchise. But doing so does not excuse us from our other adult responsibilities – even if the State of New York, perhaps inadvertently, has tacitly encouraged that very thing.

When the State Legislature passed the 2019-20 New York budget on April 1, a little-noticed change took place regarding the rights of employees to get time off to vote.

Under the new legislation, any registered voter may take up to three hours away from work, “without loss of pay,” in order to vote in an election.

The change did not escape the notice of public school superintendents, who became alarmed at the possible disruption to their staffing if a number of teachers and other staff shortened their workdays by three hours. The superintendents are backing a bill, also favored by some business groups, that would bring more common sense back to the “time off to vote” law.

The Legislature should seize the chance to head off the chaos the new law could trigger as soon as next month, when New Yorkers vote in primary elections.

State Sen. Shelley Mayer, D-Yonkers, is chairwoman of the Senate Education Committee. She introduced a bill that would amend the voting rule by granting the time off only for school employees who do not have four consecutive nonworking hours available to vote, either before their work shifts start or after they end. That would apply to employees of public school districts, charter schools, nonpublic schools and boards of cooperative educational services. It’s not enough. The change should apply to all.

That four-hour rule was the legal standard before the law was changed and it seemed to be working fine. The new law seems determined to violate a different, fundamental rule of life: Don’t fix it if it’s not broken.

Mayer’s bill has heavy legislative backing in Western New York. Republican State Sens. Patrick Gallivan, Chris Jacobs, Michael Ranzenhofer and Robert Ortt are co-sponsors, as is Democratic State Sen. Tim Kennedy.

Under Mayer’s bill, the tightening of the time-off provisions would not apply to employees in other businesses. That’s too restrictive an approach, even if schools have special concerns. If districts decide to close schools for Election Day, that disrupts their calendars and potentially extends the school year further into summer, which can be disruptive to family schedules. If districts are forced to hire numerous substitute teachers to fill staffing gaps it can strain their budgets, which are funded by taxpayers.

Most teachers’ on-site workdays end between 2:30 and 4 p.m. Some stay for coaching or other duties, but a typical teacher who leaves work at 4 would have five hours left before polls traditionally close in New York. That seems like time enough to get to the polls.

Some high-profile companies, including Chrysler, Lyft, Patagonia, PayPal and Walmart, give employees paid time off to vote. According to a 2018 survey by the Society for Human Resource Management, 44 percent of U.S. employers do the same.

If more companies join the “Take off Election Day” movement, good for them. But taking that decision out of management’s hands is government overreach. That’s why the legislative fix should really be broader. What will it mean to doctor's offices, hospitals, fire departments and other employers if they are faced with large-scale disruptions caused by what appears to be an unnecessary law?

The Mayer legislative fix is at least a start. It would encourage sensible communication between school management and staff over voting. Teachers who demonstrate that their work hours presented a real hardship when it came time to vote would work it out to get the time they need. The law as it stands now practically encourages employees to take the three paid hours as a partial holiday.

Gov. Andrew M. Cuomo was noncommittal when asked if he would support the Mayer bill, which would amend the time-off regulations that he included in the budget.

“Change is always hard,” Cuomo said through a spokesman, “but I haven’t seen this bill and we’d have to review it.”

We’ve reviewed it and we approve.