Missouri Advisory Opinions January 01, 1968: MO Att. Gen. Op. 283-68

Advisory Opinion Text

August 26, 1968

Honorable Charles S. Broomfield
State Representative, 87th District
Missouri House of Representatives
4801 North Lister
Kansas City, Missouri 64119

Dear Representative Broomfield:

This is in response to your request for an opinion concerning a Missouri employers obligation to allow time off for voting purposes to employees who reside and vote in Kansas.

The applicable Missouri Statute is Section 129.060, RSMo 1959 which provides in part as follows:

"1. Any person entitled to vote at any election held within this state, or any primary election held in preparation for such election, shall, on the day of such election be entitled to a sent himself from any services or employment in which he is then engaged or employed, for a period of three hours between the time of opening and the time of closing the polls for the purpose of voting." (emphasis added)

This particular section is not an embodiment of any federal constitutional or statutory right, but is an exercise of the police power by the Missouri legislature in an attempt to safeguard the right of suffrage by taking from employers the incentive and power to use their leverage over employees to influence the vote. Day Brite Lighting v. Missouri (1952) 342 US 421, 96 L. Ed. 469, 72 S. Ct. 405. The underscored portions of previously quoted Section 129.060 clearly indicate that it is limited in application to Missouri elections and residents of Missouri entitled to vote in such elections.

It is a general rule of statutory construction that where a statute enumerates the subjects or things on which it is to operate, or the persons affected, or forbids certain things, it is to be construed as excluding from its effect all those not expressly mentioned. 82 C.J.S. Statutes, Section 333, p. b66, Brown v. Morris, 290 S.W.2d 160.

Therefore, it is the opinion of this office that a Missouri employer is not obligated to allow time off for voting purposes to employees who live and vote in Kansas.

The foregoing opinion, which I hereby approve, was prepared by my Assistant, Richard E. Dorr.

Very truly yours,

Norman H. Anderson
Attorney General