Judge: State workers get paid time off to vote

State plans to appeal the ruling

SANTA FE — State workers will be allowed to take paid time off to vote in next week’s Albuquerque mayoral runoff election after a District Court judge ruled this week that Gov. Susana Martinez’s administration could not bar them from doing so.

However, a Martinez spokesman said Thursday the state plans to appeal the ruling, which could lead to an extended legal battle about whether all workers are guaranteed paid time off to vote — or whether they can be forced to vote on their own time.

“It is wrong to require taxpayers to foot the bill for employees to do their civic duty, particularly with so many opportunities to vote early or even on Election Day outside of work hours,” said Martinez spokesman Joseph Cueto, who added it could cost more than $300,000 to allow Albuquerque-based state workers to take paid time off to vote in next week’s runoff election.

Two state employees had filed a lawsuit last month accusing the state Personnel Office, an executive branch agency, of violating state law, and city and state election codes by refusing to allow workers to take paid time off to vote in municipal elections.

District Judge David Thomson this week ruled in favor of the employees, granting a permanent injunction against the state.

Dan Secrist, a labor union leader who is one of the two plaintiffs in the case, accused the Martinez administration of attempting to stifle voter turnout by not allowing state workers to take paid time off to vote in municipal elections.

He also told the Journal that internal memos distributed to state workers Thursday suggested the judge’s ruling might apply only to next week’s Albuquerque election, pending an appeal being filed.

“We figure if they do (appeal), we’ll win again,” Secrist said.

In its response to the lawsuit, attorneys for the Martinez administration had maintained that municipal elections aren’t covered by a 2014 policy allowing time off to vote. That policy was enacted in response to reports of state employees taking paid time off, but not actually voting.

State law currently stipulates that all employees — not

just state workers — can take two hours off work to vote during the time polling places are open. While the law states workers cannot be penalized for taking the time off, it allows employers to specify which hours may be taken.

However, the judge’s ruling this week applied only to state workers.

Albuquerque’s runoff election will determine whether state Auditor Tim Keller or City Councilor Dan Lewis will be the city’s next mayor. It also features a West Side council race between Cynthia Borrego and Robert Aragon.

Election Day is next Tuesday; today is the last day for early voting.