SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BLAIR COUNTY, PENNSYLVANIA

Of the 86 polling place locations that were used in the November 2012 election, all but 15 were surveyed by the Department.  Beginning with the effective date of this Agreement, the County will survey the 15 polling place locations not surveyed by the Department that the County intends to use in future elections, using the survey instrument referenced in Paragraph 28 of this Agreement.  The County will provide these surveys to the Department as they are conducted, to be completed no later than April 30, 2014.

If the Department concludes that a survey was conducted in error, then the County will re-survey the portions in error.  If the Department concludes that the County has proposed a remedial provision that does not fully address the violation, then the Department will recommend a temporary remedial measure consistent with Paragraph 13 of this Agreement that the County will implement in the next election.  If the County chooses not to or is unable to implement one or more of the recommended temporary remedial measures, it will relocate the inaccessible polling place location to an accessible polling place location selected pursuant to the process established by Paragraphs 17 and 18 of this Agreement.

For the polling place locations surveyed by the County pursuant to Paragraph 14, by the November 2014 election, the County will implement the appropriate remedial provisions to make polling place locations temporarily accessible on Election Day, or will relocate inaccessible locations to an alternative accessible location pursuant to the process established by Paragraphs 17 and 18 of this Agreement. 

After the effective date of this Agreement, the County shall make accessibility a major criterion when it selects new locations for polling places.  42 U.S.C. § 12132.  It shall be the policy and practice of the County to review each newly proposed polling place location to determine whether it is accessible to persons with disabilities or could be made temporarily accessible on Election Day the remedial measures provided for in Paragraph 13 of this Agreement, before the County’s selection of the location as a polling place.  The County shall use the survey instrument referenced in Paragraph 28 of this Agreement to make all future polling place location selections.  If the County ultimately determines that a newly proposed location is not accessible (as defined by the survey instrument) or cannot be made temporarily accessible on Election Day, then the County will reject the location and continue searching until an accessible location or one that can be made temporarily accessible on Election Day can be found. 

When the County selects a new polling place location, it will provide the Department notice of its decision-making within twenty-one (21) days of the decision.  The County will provide the Department with copies of all surveys and photographs conducted pursuant to Paragraph 14 of this Agreement within twenty-one (21) days of the decision to use the location as a polling place and prior to the location being used in an election.

If the County finds that it cannot implement a previously agreed-to recommendation regarding a specific polling place location, the County will immediately notify the Department and, upon request, meet and confer with the Department.  If the issue cannot be resolved to the satisfaction of the Department, the County will relocate the site to an alternative accessible location pursuant to the process established by Paragraphs 17 and 18 of this Agreement.