Heimgaertner v. Benjamin Mfg. Co‪.‬

Rehearing denied September 19, 1955. This appeal from the circuit court of Cook County presents the question of the constitutional sufficiency of section 17-15
of the Illinois Election Code, (Ill. Rev. Stat. 1951, chap. 46, par. 17-15,) which falls within the category of what is sometimes
described as "pay-while-voting" legislation. Specifically, the terms of the statute are as follows: "Any person entitled to
vote at a general or special election or at any election at which propositions are submitted to a popular vote in this State,
shall, on the day of such election, be entitled to absent himself from any services or employment in which he is then engaged
or employed, for a period of two hours between the time of opening and closing the polls; and such voter shall not because
of so absenting himself be liable to any penalty, nor shall any deduction be made on account of such absence from his usual
salary or wages; Provided, however, that application for such leave of absence shall be made prior to the day of election.
The employer may specify the hours during which said employee may absent himself as aforesaid. Any person or corporation who
shall refuse to an employee the privilege hereby conferred, or shall subject an employee to a penalty or deduction of wages
because of the exercise of such privilege, or who shall directly or indirectly violate the provisions of this section, shall
be deemed guilty of a misdemeanor and be fined in any sum not less than fifty dollars ($50) nor more than three hundred dollars
($300)."