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

D. Election Day Compliance Review

30. In the materials provided to each Chief Election Official for Election Day, the City will include a checklist of the temporary measures to be implemented on Election Day at each polling place location where such measures are required, as determined by the May 3 survey or the City’s review pursuant to Paragraph 19.  The checklist should contain a place for a signature by the Chief Election Official that he or she put the temporary measures in place and kept them in place throughout Election Day, or verified such placement by other parties, from the opening of the polls to their closing, and should be returned to the City along with other election materials.  Copies of these checklists will be provided to the United States within twenty-one (21) days of the election.

31. Beginning with the June 13, 2017 Primary Election, and throughout the duration of this Agreement, the City will designate City personnel (or contractors) as EDSs to review compliance at the polling place locations where temporary measures are to be implemented on Election Day.  The City and the EDSs will use the checklist developed pursuant to Paragraph 30 of this Agreement to review compliance on Election Day.  The EDSs will be required to document their compliance reviews (both compliant and non-compliant polling place locations) with photographs.  After documenting a non-compliant polling place location, the EDSs shall remedy any non-compliant implementation of a temporary remedy when possible.  Copies of these compliance reviews will be provided to the Department within twenty-one (21) days after the election.

32. If the City does not properly implement the temporary remedial measures necessary at a particular polling place location on Election Day in two (2) consecutive elections, and the City does not make permanent architectural remediations, then the City will no longer use the polling place location and will relocate it to an accessible location or one that can be made accessible on Election Day pursuant to Paragraph 19 of this Agreement.  If remediation or relocation to an accessible facility is impossible, as agreed to by the United States, then the City agrees to comply with Title II’s program accessibility requirements.