SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS

A. Accessible Voting Program

15. Harris County shall not exclude qualified individuals with disabilities from participation in or deny them the benefits of its voting program, or subject them to discrimination, on the basis of disability.  42 U.S.C. § 12132; 28 C.F.R. §§ 35.130(a) and 35.149.  Harris County shall administer its voting program in the most integrated setting appropriate to the needs of persons with disabilities.  28 C.F.R. § 35.130(d).  Harris County will take all reasonable and necessary steps to effectuate its obligation to comply with the ADA with respect to its voting program and this Agreement. 

16. Harris County shall provide accessible polling places in order to have an accessible voting program, including a program that is accessible to persons with mobility or vision disabilities.  42 U.S.C. § 12132; 28 C.F.R. §§ 35.130, 35.149.  Harris County shall select facilities to be used as polling places that do not exclude qualified individuals with disabilities from or deny them the benefits of the polling place, or otherwise subject them to discrimination. 42 U.S.C. § 12132; 28 C.F.R. § 35.130(b)(4).

17. For all elections occurring after the Effective Date of this Agreement, Harris County will implement measures to remediate the violations previously identified by the United States in its letter of September 29, 2014, and in its five expert reports sent on August 9, 2018, as set forth in Attachment A, to make those polling place locations Accessible on Election Day, or will relocate those locations not remediated to an alternative accessible location pursuant to the process established in Paragraphs 25 and 27 of this Agreement.  Harris County will provide its remediation plan to the United States and the Experts within one hundred eighty (180) days of the Effective Date of this Agreement.  If Harris County asserts, and the United States agrees, that remediation and relocation to an accessible polling place location are infeasible, then Harris County shall comply with Title II’s program accessibility requirements as described in Paragraph 21 of this Agreement.  28 C.F.R. § 35.150.

18. Nothing in this Agreement limits Harris County from making ADA-compliant, permanent modifications to County-owned polling place locations instead of providing temporary remedial measures or relocating a polling place location to a location that can be made Accessible on Election Day.

19. For Harris County-owned facilities, Harris County shall maintain in operable working condition on Election Day those features of facilities and equipment (including permanent equipment such as lifts and elevators and temporary equipment such as portable ramps, traffic cones, signs, wedges, and door stops) that are required to make polling places Accessible on Election Day.  28 C.F.R. § 35.133(a).  If circumstances arise such that a County-owned polling place location that was previously accessible is no longer accessible because a feature of the polling place location or equipment is no longer operable, then Harris County shall either purchase new equipment or relocate the polling place to an alternative, accessible location pursuant to the process established in Paragraphs 25 and 27 of this Agreement.  If Harris County asserts, and the United States agrees, that remediation and relocation to an accessible polling place location are infeasible, then Harris County shall comply with Title II’s program accessibility requirements as described in Paragraph 21 of this Agreement.

20. For all facilities not owned by Harris County, Harris County shall maintain in operable working condition on Election Day those features of facilities and equipment owned by Harris County (including temporary equipment such as portable ramps, traffic cones, signs, wedges, and door stops) that are required to make polling places Accessible on Election Day.  28 C.F.R. § 35.133(a).  If circumstances arise such that a non-Harris County owned polling place location that was previously accessible is no longer accessible because a feature of the polling place location or equipment owned by Harris County is no longer operable, then Harris County shall either purchase new temporary equipment or relocate the polling place to an alternative, accessible location pursuant to the process established in Paragraphs 25 and 27 of this Agreement.  If Harris County asserts, and the United States agrees, that remediation and relocation to an accessible polling place location are infeasible, then Harris County shall comply with Title II’s program accessibility requirements as described in Paragraph 21 of this Agreement.

21. If Harris County asserts, and the United States agrees, that remediation and relocation to an accessible polling place location are infeasible, then Harris County shall comply with Title II’s program accessibility requirements, see 28 C.F.R. Part 35, Subpart D, and provide absentee voting and effective curbside voting.  Effective curbside voting includes: (1) signage outside of the location informing voters of the availability of curbside voting, the location of the curbside voting, and how voters can notify the official that they are waiting curbside; (2) a curbside voting location that allows the curbside voter to obtain information from candidates and others campaigning outside the polling place; (3) a method for the voter with a disability to announce her arrival at the curbside voting location without requiring the voter to bring a companion or get assistance from another voter (a temporary doorbell or buzzer system at the curbside voting location would be sufficient, but not a telephone system requiring the use of a cell phone or a call-ahead notification); (4) a prompt response from election officials to acknowledge their awareness of the voter; (5) timely delivery of the same information that is provided to voters inside the polling place; and (6) a portable voting system that is accessible and allows the voter to cast her ballot privately and independently.

22. Harris County agrees that the following measures will be implemented where necessary to make an otherwise inaccessible polling place Accessible on Election Day.  The list of measures is not exhaustive; Harris County may propose other reasonable, temporary measures subject to the review and approval of the United States. 

    1. Portable ramps (including curb ramps) up to and including ramps six feet long, with side edge protection.

    2. Portable wedges or wedge ramps.

    3. Floor mats.

    4. Traffic cones.

    5. Relocating furniture or other moveable barriers.

    6. Door stops.

    7. Propping open doors.

    8. Unlocking doors.

    9. Signage, including parking and accessible entrance directional signage.

    10. Portable buzzers or door bells.

    11. Removing astragals (center door posts) that are not a permanent part of the structure from doorways.