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

TERMS OF AGREEMENT

NOW, THEREFORE, for full and adequate consideration given and received, the United States, through the Civil Rights Division of the U.S. Department of Justice, and the Supervisor of Elections, agree as follows:

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.

Poll Worker Training

33. The Supervisor shall ensure that all poll worker training materials emphasize that by law, individuals with disabilities, including individuals who are blind or visually impaired, must have access to a private and independent voting system. The materials must clarify that the Edge machines are the method of private and independent voting chosen by the Supervisor. Within ninety (90) days of the effective date of the Agreement, the Supervisor shall submit training materials for review and approval by the United States; the Supervisor shall adopt and implement the training materials within ten (10) days of the United States' approval.

34. Prior to each Election, the Supervisor shall provide, to each clerk and field clerk, hands-on training regarding operation of the Edge machine. The mandatory training shall include a demonstration of how to independently turn on, test, and operate an Edge machine.

35. In addition to the mandatory clerk and field clerk hands-on training referenced in Paragraph 34, above, the Supervisor shall make online training materials available to poll workers. These training materials shall include procedures for setting up, operating, and troubleshooting the Edge machines. The online materials will also include instructions for reporting Edge machine malfunctions to the office of the Supervisor of Elections.

36. Poll worker training shall also include sensitivity training that includes appropriate methods of assisting voters with disabilities.

Election Day Response Team

37. Within ninety (90) days of the effective date of the Agreement, the Supervisor shall ensure that an Election Day Response Team ("Team") exists within the office of the Supervisor of Elections and that for each Election will concentrate on operation of the Edge machines. This Team shall include employees who have specific expertise and training in operating and troubleshooting Edge machines.

38. The Supervisor shall maintain and provide a direct dial phone number for the Team. The Supervisor shall specifically educate and instruct poll workers on the procedure to call the Team at the dedicated number for assistance with the Edge machines. Team members must be trained to provide assistance to poll workers through Edge machine operation and troubleshooting. Team members will travel to polling places to provide in-person direct assistance, as necessary.

39. Each polling place must have an Edge machine which is powered on, ready to use, and fully functioning, at all times when the polls are open. If at any time the machine becomes inoperable or problems arise with its operation, poll workers shall immediately report these issues to the Team. The Team will immediately respond to any reported issues with the Edge machines.

40. The field clerks shall visit each of the polling places to which they are assigned at least once during an Election. Field clerks shall verify that each polling place they visit has an Edge machine which is powered on, ready to use, and fully functioning.

41. If the Team is unable to resolve an issue with the Edge machine within thirty (30) minutes from the initial notification to the Team, the Team shall arrange for delivery, installation and setup of a fully functioning replacement Edge machine to the polling site, to be delivered within two (2) hours from the initial notification to the Team.

42. If a voter attempts to vote on an Edge machine that malfunctions, the Supervisor shall instruct its poll workers to immediately contact the Team to troubleshoot the Edge machine. If the Team and the poll workers are unable to resolve the malfunction, the poll worker shall offer the following options to the voter without expressing a preference for one option over another:

    1. Offer the use of a replacement Edge machine and explain that it may take up to two (2) hours to arrive; or

    2. Offer the voter a paper ballot and assistance with completing the paper ballot, if necessary.

Election Day Record-Keeping

43. Edge Machine Record: Beginning on the effective date of this Agreement, for each Election the clerk must maintain a written or electronic record of all requests to use the Edge machine at their polling place. The clerk shall submit this Edge machine record to the Supervisor as soon as practicable after voting ends. For each request to use an Edge machine, this record shall include the following:

    1. whether the Edge machine was operational;

    2. if the Edge machine was not operational, the steps taken by poll workers to remediate the issue(s); and,

    3. whether the voter was able to vote on the Edge machine, obtained assistance with the ballot, or did not vote.

44. Communication Log: The Team shall maintain a log of all communications with polling place personnel they initiate or receive during each Election regarding the Edge machines. The log shall include:

    1. the date and time of the communication;

    2. the personnel involved;

    3. polling place name and precinct number;

    4. a summary of the communication; and

    5. a description of the resolution, including whether:

       1. the poll worker or Team member was able to troubleshoot the Edge machine and make it operational;

       2. a Team member was dispatched;

       3. a replacement Edge machine was delivered; or

       4. a resolution was not obtained.

Public Education

45. The Supervisor shall develop public educational materials to inform citizens about the availability of an accessible voting system. Such materials must include press releases to be distributed to local media, and content to be posted on the Supervisor's websites. Within ninety (90) days of the effective date of the Agreement, the Supervisor shall submit the proposed public educational materials for review and approval to the United States. The Supervisor shall disseminate these materials within ten (10) days of the United States' approval.

46. Within ninety (90) days of the effective date of this Agreement, the Supervisor shall post information on its website about the availability of the Supervisor's accessible voting system. The Supervisor shall ensure that the information on the accessible voting system on its website conforms to, at a minimum, the Web Content Accessibility Guidelines 2.0 Level AA Success Criteria and other Conformance Requirements ("WCAG 2.0 AA"). The WCAG 2.0 AA is available at: http://www.w3.org/TR/WCAG20/.

47. The Supervisor shall make a demonstration Edge machine available to the public several months prior to each Election at each of the Supervisor's Offices and by demonstrating it at least twice annually at meetings of organizations that serve the Palm Beach County's citizens who are blind or have vision impairments.

Monitoring and Reporting

48. The United States shall have the right to:

    1. visit any Palm Beach County polling place upon reasonable notice and approval – not to be unreasonably withheld -- by the Supervisor pursuant to law, and to inquire about the availability of an accessible voting system, to observe its operability, and to observe the voting process to determine whether officials are notifying eligible voters about the availability of the accessible voting system; and

    2. upon reasonable notice to the Supervisor and approval – not to be unreasonably withheld -- by the Supervisor pursuant to law, contact officials, employees, agents, and representatives of the Supervisor involved in activities related to compliance with this Agreement.

49. For the term of the Agreement, the Supervisor shall inform the United States, in writing, of any improvements, alterations, or changes made to the Supervisor's accessible voting system.

50. For the term of this Agreement, after each Election, the Supervisor of Elections shall submit to the United States a summary of efforts to implement each of the provisions and requirements of this Agreement, including: copies of all new or revised policies, procedures, public education materials, and training materials prepared pursuant to paragraphs 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, and 47; a record of all requests to use the Edge machine, as provided in paragraph 43; and Election Day Response Team communication logs, as provided in paragraph 44.

51. All materials sent to the United States pursuant to this Agreement shall be sent by email to Elizabeth.Johnson@usdoj.gov and Angela.Miller5@usdoj.gov or to the following address by common carrier Federal Express, delivery prepaid: Chief, Disability Rights Section, Civil Rights Division, U.S. Department of Justice, 1425 New York Avenue, N.W., Fourth Floor, Washington, D.C. 20005. All materials shall include a subject line referencing Palm Beach County Supervisor of Elections and DJ numbers 204-18-218 and 166-18-43.

Compliance

53. If at any time more than two weeks prior to an Election the United States obtains information that the Supervisor is or is about to be in breach of any of the terms of this Agreement, the United States shall advise the Supervisor in writing by notice sent to the Supervisor by overnight mail and email. The Supervisor shall have five (5) business days following the transmittal of such notice to respond in writing to the United States. The Parties shall thereafter attempt to resolve immediately any issues of noncompliance or potential noncompliance. If the Parties are unable to agree on a resolution of all issues, the United States may take appropriate action to enforce the terms of this Agreement and enforce Title II of the ADA, its implementing regulation, or Section 301(a)(3)(A) of HAVA. Nothing in this Agreement shall prevent the United States from taking any action required to enforce any and all other applicable provisions of Title II of the ADA, its implementing regulation, and Sections 301 and 302 of HAVA.

54. If the United States obtains information that the Supervisor is or is about to be in breach of any of the terms of this Agreement within two weeks of an Election, the United States shall advise the Supervisor by whatever means practicable and the Supervisor shall respond as soon as possible. The Parties shall attempt immediately to resolve any issues of potential noncompliance. If the Parties are unable to agree on a resolution of all issues, the United States may take appropriate action to enforce the terms of this Agreement and enforce Title II of the ADA or Section 301(a)(3)(A) of HAVA.

55. Any legal proceeding arising in connection with this Agreement must be brought in the United States District Court for the Southern District of Florida, and all Parties consent to the jurisdiction of that court.

56. Any legal proceeding to enforce this Agreement may Seek specific performance of the terms therein, and any other relief authorized by law.

57. Failure by the United States to enforce any provision of this Agreement shall not be construed as a waiver of its right to do so with regard to any provision of this Agreement.

Other Provisions

57. Signatories Bind Parties. The persons signing for the Parties represent that they are authorized to bind their respective Parties to this Agreement.

58. This Agreement may be executed in counterparts each copy, email or pdf or which will be considered an original and taken together constitute one agreement.

59. Modification or Amendment. This Agreement may be modified or amended only upon a written mutual agreement of the Parties.

60. Agents and Successors Bound. This Agreement shall be applicable to and binding upon the Supervisor, its officers, agents, employees, successors, and assigns.

61. Scope. This Agreement is not intended to remedy any other potential violations of the ADA, HAVA, or any other law not specifically referenced herein. This Agreement does not affect the Supervisor's continuing obligation to comply with all aspects of the ADA and HAVA.

62. Severability. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the Parties, the Parties shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the Parties as closely as possible to the initially agreed upon relative rights and obligations.

63. Effective Date and Term. The effective date of this Agreement is the date of the last signature below. This Agreement will remain in effect for three (3) years from its effective date, unless extended by mutual consent of the Parties. Any legal proceeding to enforce the terms of this Agreement brought prior to its termination date shall toll the Agreement's termination during the pendency of that legal proceeding.