SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CHESAPEAKE REGARDING THE ACCESSIBILITY OF POLLING PLACES

B. Survey and Review of Polling Place Locations

18. The City has developed a survey instrument to assess whether a polling place location is or can be made accessible on Election Day.  The survey instrument is based on the 2010 Standards and the United States’ “ADA Checklist for Polling Places” publication.  The survey instrument includes a requirement to include photographs and the identification of appropriate remedial provisions, including the remedial provisions in Paragraph 15 of this Agreement.  The survey instrument is incorporated as Attachment 2.

19. The City shall review each newly proposed polling place location to determine whether it is accessible to persons with disabilities or could be made accessible on Election Day through the use of the remedial measures provided for in Paragraph 15 of this Agreement or through permanent modifications, before selecting the location as a polling place.  The City shall use the survey instrument referenced in Paragraph 18 of this Agreement to make all future polling place location selections.  If the City ultimately determines that a newly proposed location is inaccessible (as defined by the survey instrument) and cannot be made accessible on Election Day, then the City will reject the location and continue searching until an accessible location or one that can be made accessible on Election Day can be found.

20. Of the 64 polling place locations that were used in the May 2016 election, 20 were surveyed by the Department.  Beginning with the effective date of this Agreement, the City will survey the 44 polling place locations not surveyed by the Department that the City intends to use in future elections, using the survey instrument referenced in Paragraph 18 of this Agreement.  The City will mail  these completed surveys to the United States upon the effective date of the agreement.

21. If the Department concludes that a survey was conducted by the City in error, then the City will re-survey the portions in error.  If the Department concludes that the City has proposed a remedial provision that does not address the violation, then the Department will recommend a temporary remedial measure consistent with Paragraph 15 of this Agreement that the City will implement in the next election.  If the City chooses not to or is unable to implement one or more of the recommended temporary remedial measures, it will relocate the inaccessible polling place location to an accessible polling place location selected pursuant to the process established by Paragraph 19 of this Agreement.

22. For the polling place locations surveyed by the City pursuant to Paragraph 20 of this Agreement, compliance (subject to finding that compliance “cannot be achieved”) of the 44 self-audited polling places must be met by the next general election following the effective date that is at least 120 days from notice to the City of the full execution of the agreement., The City will implement the appropriate remedial provisions to make polling place locations accessible on Election Day, or will relocate inaccessible locations to an alternative accessible location pursuant to the process established by Paragraph 19 of this Agreement.

23. For the duration of this Agreement, when the City selects a new polling place location, the City will provide the United States notice within twenty-one (21) days of the decision.  The City will provide the United States with copies of all surveys (and photographs) conducted within twenty-one (21) days of the decision to use the location as a polling place.  The United States’ approval must be obtained prior to the location being used in an election.  The United States’ approval will be based exclusively on whether the proposed polling place location satisfies the survey instrument referenced in Paragraph 18 of this Agreement.

24. If the City finds that it cannot implement a previously agreed to or approved remedial provision regarding a specific polling place location, the City will immediately notify the United States and, upon request, meet and confer with the United States.  If the issue cannot be resolved to the United States’ satisfaction, the City will relocate the polling place location to an alternative accessible location pursuant to the process established by Paragraph 19 of this Agreement.

25. All of the paragraphs in this Section B are subject to the condition that if selection of an accessible facility, or one that can be made accessible on Election Day, cannot be achieved, as agreed by the United States, then the City agrees to comply with Title II’s program accessibility requirements.