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

General Provisions

27. For the purposes of this Agreement, the term Election shall mean any federal, state, or local election for which the Supervisor serves by law as the Supervisor of Elections. The term shall not include those local, municipal, special district or other elections for which another entity is charged by law to serve as the Supervisor of Elections and for which the Supervisor is only acting pursuant to a contract with another authority.

28. The Supervisor shall not exclude qualified individuals with disabilities from participation in or deny them the benefits of the voting program or services, or subject them to discrimination, on the basis of disability, consistent with Title II of the ADA and its implementing regulation.

29. The Supervisor shall not implement a voting system which, directly or indirectly, has the purpose or effect of denying voters with disabilities the same opportunity for voting privately and independently as other voters, consistent with Title II of the ADA and its implementing regulation.

30. The Supervisor shall furnish appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities, including voters, an equal opportunity to participate in, and enjoy the benefits of the Supervisor's voting program, consistent with Title II of the ADA and its implementing regulation. Such 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.

31. The Supervisor shall maintain in operable working condition those features of their voting system which enable voters with a disability to participate in private and independent voting, consistent with Title II of the ADA and its implementing regulation.

32. The Supervisor shall provide a voting system which is accessible for voters with disabilities, including nonvisual accessibility for individuals 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, consistent with Section 301(a)(3)(A) of HAVA.