SETTLEMENT AGREEMENT between THE UNITED STATES OF AMERICA and PALM BEACH COUNTY, FLORIDA

BACKGROUND AND JURISDICTION

1. Title II of the ADA and its implementing regulation require public entities to make their programs, services, and activities accessible to qualified individuals with disabilities. See 42 U.S.C. § 12132; 28 C.F.R. §§ 35.130, 35.160.

2. Under Title II and its implementing regulation, a public entity, in providing any aid, benefit, or service, may not: afford qualified individuals with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded to others; provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; or otherwise limit such individuals in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service. See 28 C.F.R. § 35.130(b)(1).

3. Under Title II and its implementing regulation, a public entity shall maintain in operable working condition those features of facilities and equipment that are required by the ADA to be readily accessible to and usable by persons with disabilities. 28 C.F.R. § 35.133.

4. Under Title II and its implementing regulation, a public entity shall furnish appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity of a public entity. In order to be effective, auxiliary aids and services must be provided in accessible formats in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability. 28 C.F.R.§ 35.160.

5. The Supervisor is a "public entity" within the meaning of the ADA, 42 U.S.C. § 12131(1) and 28 C.F.R. § 35.104, and is therefore subject to Title II of the ADA, 42 U.S. C. §§ 12131-12134, and its implementing regulation, 28 C.F.R. Part 35.

6. The Supervisor operates services, programs, and activities within the meaning of Title II, including maintaining and operating a voting system and voting program for federal, state, and select local elections. This agreement does not include municipal and local elections where the Supervisor serves only as a contractor for a local government and does not serve as the Supervisor of Elections.

7. The Attorney General is responsible for administering and enforcing Title II of the ADA, 42 U.S.C. §§ 12131-12134, and its implementing regulation, 28 C.F.R. Part 35. The Department is authorized, under 28 C.F.R. Part 35, Subpart F, to investigate the allegations in this matter, to issue findings, and, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action to enforce Title II of the ADA.

8. Section 301(a)(3) of HAVA requires jurisdictions to ensure that their voting system is accessible to individuals with disabilities, including nonvisual accessibility for persons who are blind or visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters. This requirement can be met with the use of at least one direct recording electronic voting system providing the mandated opportunity per polling place in elections for federal office. 52 U.S.C. § 21081(a)(3)(B). As the County's chief elections officer, the Supervisor is obligated to comply with HAVA's requirements during federal elections. Id. § 21081(d).

9. The Department is authorized to enforce Section 301 of HAVA, 52 U.S.C. § 21081(a)(3), by bringing a civil action against any jurisdiction in an appropriate United States district court for declaratory and injunctive relief. 52 U.S.C. § 21111.