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

THE UNITED STATES' INVESTIGATION AND FINDINGS

10. On May 15, 2015, the United States notified the Supervisor by letter that it had opened a compliance review in response to a complaint filed with the Department alleging that the Supervisor failed to make an ADA and HAVA-compliant voting system ("accessible voting system") available to voters. In particular, complainants alleged that the Supervisor failed to provide a functioning, accessible voting system during the November 2014 general election. The purpose of the investigation was to determine whether violations of federal civil rights laws, including Title II of the ADA, 42 U.S.C. §§ 12131-12134, its implementing regulation, 28 C.F.R. Part 35, and HAVA, 52 U.S.C. §§ 20901-21145, had occurred.

11. Since 2008, the Supervisor has used the Sequoia Edge DRE voting machine ("Edge machine") in all of its elections.

12. The Supervisor asserts that the Edge machine that it provides at each polling place fulfills its responsibilities under 42 U.S.C. § 12132 and 52 U.S.C. § 21081(a)(3).

13. In 2012, the Edge machine's vendor updated the firmware for the Edge machines. Following State of Florida certification of the firmware update and its implementation, the Supervisor recognized that a firmware malfunction affected the operation of the Edge machines, wherein the Edge machines became inoperable if poll workers cancelled test ballots and turned the machines off.

14. In June 2012, the Supervisor notified the vendor and the Florida Department of State, Division of Elections of the 2012 firmware update malfunction and requested a solution to correct the malfunction of the Edge machines.

15. Between 2012 and 2014, the Supervisor worked with the voting system vendor and the State of Florida to correct the firmware update malfunction, but the vendor was unable to correct the firmware malfunction before the November 2014 election. The vendor identified an interim operating procedure to avoid the malfunction, and the Supervisor incorporated this procedure into the training manual.

16. During the November 2014 election, the unresolved firmware malfunction rendered the Edge machines inoperable when the poll workers cancelled the test ballots and turned the machines off, contrary to the guidance in the Supervisor's training manual.

17. Complainant 1, who is blind, arrived at his polling place early in the morning of Election Day to vote in the November 4, 2014 federal general election. Complainant 1 requested to vote using the Edge machine but the poll worker failed to follow the correct procedures in the training manual and disabled the Edge machine located at Complainant l's polling place. The poll workers called the office of the Supervisor to request delivery of a replacement Edge machine. The poll workers advised Complainant 1 to return to the polling place later in the day. Complainant 1 returned to the polling place mid-day, after the second machine arrived, but the poll workers did not follow the correct procedures in the training manual and disabled the replacement Edge machine. A paper vote with assistance was offered but Complainant 1 preferred to vote independently on the Edge machine. The poll workers advised Complainant 1 to return later in the day following the delivery of the third Edge machine. The third Edge machine was not delivered and installed until late afternoon. Complainant 1 was unable to return to the polling place and did not vote in the November 2014 federal election.

18. In another polling place, Complainant 2, who is blind, also requested to use the Edge machine to vote in the November 2014 election. The poll worker advised Complainant 2 that the Edge machine was inoperable during the time she was at the polling place and offered assistance with a paper ballot. Complainant 2 voted with assistance using a paper ballot in that election.

19. In August 2015, the State of Florida, Division of Elections, certified a firmware upgrade to the Supervisor's accessible voting system, which the Supervisor purchased and implemented shortly thereafter. The Supervisor advised the Department that the Supervisor's tests of the accessible voting machines confirm that the firmware upgrade has corrected the malfunction.

20. The Supervisor also has advised the Department that the Edge machines have operated without incident in the March, August, and November 2016 elections.

21. The Supervisor's failure to provide an accessible voting system at all polling places denies qualified individuals with disabilities equal access to the County's voting program and services, in violation of Title II of the ADA and its implementing regulation. 42 U.S.C. 12132; 28 C.F.R. §§ 35.130, 35.133, 35.160.

22. The Supervisor's failure to provide an accessible voting system at all of its polling places in elections for federal office denies individuals with disabilities, including individuals who are blind or visually impaired, access to a voting system that provides an equal opportunity for access and participation (including privacy and independence) as for other voters, in violation of Section 301(a)(3)(A) of HAVA.

23. The Supervisor denies that she failed to provide an accessible voting system and specifically denies that she violated the ADA or HAVA.

24. The United States and the Supervisor, through counsel, have conferred and agree that any dispute concerning the Supervisor's compliance with Title II of the ADA, its implementing regulation, and Section 301(a)(3)(A) of HAVA should be settled without the delay and expense of protracted litigation.

25. The United States and the Supervisor share the goal of ensuring that the requirements of Title II of the ADA, its implementing regulation, and Section 301(a)(3)(A) of HAVA are met with respect to the voting system provided at every polling place.

26. The United States and the Supervisor have negotiated in good faith and hereby agree to this Agreement as an appropriate means to ensure compliance with Title II of the ADA, its implementing regulation, and Section 301(a)(3)(A) of HAVA.