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

B. Survey and Review of Polling Place Locations

23. Harris County shall revise its policies, practices, and procedures to 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 on the basis of their disabilities.  Within one hundred twenty (120) days of the Effective Date of this Agreement, Harris County shall submit its revised policies, practices, and procedures to the United States for review and approval.  Within ten (10) days of receiving comments from the United States, Harris County shall incorporate in its policies, practices, and procedures any additions or modifications proposed by the United States that bring the County’s policies, practices, and procedures into compliance with the ADA.

24. Harris County will modify its polling place accessibility survey instrument to conform with the 2010 Standards. The survey instrument will include:  (1) measurements of each feature in the survey form (e.g., width of parking space, slope of curb ramp); (2) photographs of each element of the polling place and of each measurement; (3) the identification of all appropriate remedial measures, including the remedial measures in Paragraph 22 of this Agreement; and (4) measurements (including slope measurements) and photographs of each remedial measure as it will be implemented on Election Day.  The survey instrument will be submitted to the United States for review and approval within sixty (60) days of the Effective Date of this Agreement.  Within ten (10) days of receiving comments from the United States, Harris County shall incorporate in its survey instrument any reasonable changes, additions, or modifications proposed by the United States.

25. For all polling place locations that were not surveyed fully by the United States in the January 2013 Special Election, the May 2016 Special Election, the November 2016 General Election, or the May 2018 Primary Run-Off Election, Harris County will conduct a survey using the survey instrument referenced in Paragraph 24 of this Agreement.  Harris County will provide all surveys to the Experts, and any survey to the United States upon request, with all surveys to be completed no later than one year after the Effective Date of this Agreement.  The Experts will provide the surveys and the Experts’ recommendations regarding whether the surveys are accurate to the United States on a monthly basis.  If the Experts or the United States disputes the accuracy of a survey, then Harris County will re-survey the portions of the polling place in question.  If the United States concludes that Harris County has proposed a remedial provision that does not fully address a barrier to accessibility, then Harris County will propose and implement, subject to the review and approval of the United States, a remedial measure consistent with Paragraph 22 of this Agreement or relocating a polling place to a location that can be made Accessible on Election Day.

26. Harris County shall select polling place locations that are Accessible on Election Day to persons with disabilities.  It shall be Harris County’s policy and practice to review each newly proposed polling place location to determine whether it is Accessible on Election Day prior to its use in an election.  Harris County shall use the survey instrument referenced in Paragraph 24 of this Agreement to make all future polling place location selections.  If Harris 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 Harris County will reject the location and continue searching until a location that will be Accessible on Election Day can be found subject to Paragraph 21. 

27. When Harris County identifies a new prospective polling place location, Harris County will provide the Experts and the United States notice within twenty-one (21) days of the selection of the proposed new location, along with copies of all surveys (including photographs) of the polling place.  The new polling place location shall be selected pursuant to the process established by Paragraphs 25 and 27 of this Agreement.  The United States’ approval must be obtained before Harris County uses the location in an election. 

28. If Harris County finds that it cannot implement a previously-approved remedial provision for a specific polling place location, Harris County will immediately notify and confer with the United States.  If the issue cannot be resolved to the United States’ satisfaction, Harris County will relocate the polling place location to an alternative location that is Accessible on Election Day pursuant to the process established by Paragraphs 25 and 27 of this Agreement.  

29. If, within two weeks before an election Harris County finds that emergency circumstances have precluded the use of an accessible polling place location, then Harris County will select a polling place pursuant to the process established by Paragraphs 25 and 27 of this Agreement to the extent it is feasible.  Harris County shall promptly provide notice to the Experts and the United States.  If Harris County asserts, and the United States agrees, that relocation to an accessible polling place location is infeasible, then the County shall comply with Title II’s program accessibility requirements as described in Paragraph 21 of this Agreement.

30. If a political subdivision other than Harris County rejects an available county-designated polling place and instead provides its preferred polling place at its own expense pursuant to Texas Election Code § 43.034(c) and the political subdivision’s preferred polling place is not accessible and cannot be made accessible on Election Day through the use of temporary measures, 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.  When such a political subdivision notifies the County that it is providing its preferred polling place at its own expense, the County shall notify the United States within five (5) days and confer with the United States regarding remediation.

31. If a political party obtains consent from the Texas Secretary of State to reject an available county-designated polling place pursuant to Texas Election Code § 43.034(c) and the political party’s preferred polling place is not accessible and cannot be made accessible on Election Day through the use of temporary measures, 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.  When a political party notifies the County that it has obtained the Secretary of State’s consent to reject a county-designated polling place location, the County shall notify the United States within five (5) days and confer with the United States regarding remediation.