Any person entitled to vote in any election held in South Dakota, including a primary election, is entitled to be absent from work on election day between the time the polls open and when they close, if the person does not have a period of two consecutive hours during the time the polls are open in which he or she is not required to be at work. An employee who takes time off to vote is not liable to any penalty for being absent to vote.

Paid time off rules. No deduction may be made from an employee's usual salary or wages because time has been taken off to vote. The employer may specify when employees may be absent to vote.

Employer Penalty for Violation. Fine up to $200 and/or jail up to 30 days.