SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FAUQUIER COUNTY REGARDING THE ACCESSIBILITY OF POLLING PLACES

B. Survey and Review of Polling Place Locations

16. The County will employ the attached survey instrument to assess whether a polling place location is or can be made accessible on Election Day. The survey instrument is based on the 2010 Standards and the United States' "ADA Checklist for Polling Places" publication. The survey instrument includes a requirement to include photographs and also requires the identification of appropriate remedial provisions, including the remedial provisions in Paragraph 15 of this Agreement.

17. The County shall review each newly proposed polling place location to determine whether it is accessible to persons with disabilities or could be made accessible on Election Day through the use of the remedial measures provided for in Paragraph 15 of this Agreement or through permanent modifications, before selecting the location as a polling place. The County shall use the survey instrument referenced in Paragraph 16 of this Agreement to make all future polling place location selections. If the County ultimately determines that a newly proposed location is inaccessible (as defined by the survey instrument) and cannot be made accessible on Election Day, then the County will reject the location and continue searching until an accessible location or one that can be made accessible on Election Day can be found.

18. Of the 21 polling place locations that were used in the November 2015 election, all but six were surveyed by the USAO. Beginning with the effective date of this Agreement, the County will survey the six polling place locations not surveyed by the USAO and any new polling locations, including the new location for the Registrar's Office, that the County intends to use in future elections, using the survey instrument referenced in Paragraph 16 of this Agreement. The County will provide these surveys to the United States as they are conducted, to be completed no later than January 6, 2017.

19. If the USAO concludes that a survey was conducted by the County in error, then the County will re-survey the portions in error. If the USAO concludes that the County has proposed a remedial provision that does not address the violation, then the USAO will recommend a temporary remedial measure consistent with Paragraph 15 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 Paragraph 17 of this Agreement.

20. For the polling place locations surveyed by the County pursuant to Paragraph 18 of this Agreement, by the June 2017 election, the County will implement the appropriate remedial provisions to make polling place locations accessible on Election Day, or will relocate inaccessible locations to an alternative accessible location pursuant to the process established by Paragraph 17 of this Agreement.

21. For the duration of this Agreement, when the County selects a new polling place location, the County will provide the United States notice within twenty-one (21) days of the decision. The County will provide the United States with copies of all surveys (and photographs) conducted within twenty-one (21) days of the decision to use the location as a polling place. The United States' approval must be obtained prior to the location being used in an election. The United States' approval will be based exclusively on whether the proposed polling place location satisfies the survey instrument referenced in Paragraph 16 of this Agreement.

22. If the County finds that it cannot implement a previously agreed to or approved remedial provision regarding a specific polling place location, the County will immediately notify the United States and, upon request, meet and confer with the United States. If the issue cannot be resolved to the United States' satisfaction, the County will relocate the polling place location to an alternative accessible location pursuant to the process established by Paragraph 17 of this Agreement.