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

D. Election Day Compliance Review

27. In the materials provided to each Judge of Election for Election Day, the County will include a checklist of the temporary measures to be implemented on Election Day at each polling place location where such measures are required. The checklist should contain a place for a signature by the Election Day Surveyor identified in paragraph 28 that he or she has confirmed that the temporary measures were put in place and remained in in place throughout Election Day, from the opening of the polls to their closing, and should be returned to the County along with other election materials. Copies of these checklists will be provided to the United States within sixty (60) days of the election.

28. Beginning with the first election occurring after the Effective Date of this Agreement, and throughout the duration of this Agreement, the County will designate County personnel (or contractors) as EDSs to review compliance at the polling place locations where temporary measures are to be implemented on Election Day. The County and the EDSs will use the checklist developed pursuant to Paragraph 16 of this Agreement to review compliance on Election Day. The EDSs will be required to document their compliance reviews (both compliant and non-compliant polling place locations) with photographs. After documenting a non-compliant polling place location, the EDSs shall remedy any non-compliant implementation of a temporary remedy when possible. Copies of these compliance reviews will be provided to the USAO within sixty (60) days after the election.

29. If the County does not properly implement the temporary remedial measures necessary at a particular polling place location on Election Day in two (2) consecutive elections, and the County does not make permanent architectural remediations, then the County will no longer use the polling place location and will relocate it to an accessible location or one that can be made accessible on Election Day pursuant to Paragraph 17 of this Agreement. If remediation or relocation to an accessible facility is impossible, as agreed to by the United States, then the County agrees to comply with Title II's program accessibility requirements.