(A) Subject to the availability of Title III requirement monies to the county under the Help American Vote Act of 2002 no later than 10-1-2004, the county will make all permanent and temporary improvements to each polling place not later than 10-1-2004 to comply with the polling place accessibility standards set forth in I.C. 3-11-8, and to the extent possible, make any additional improvements identified in the May 2004 HAVA polling place survey that are not specifically required by state of federal law.
(B) The county will submit a report to the State Election Division no later than 12-31-2004 (or no later than 12-31-2005 for reimbursement approved after 2003). The report under this section must list the polling place accessibility problems identified in the May 2004 survey of polling places and indicate whether these problems have been resolved by temporary or permanent improvements, or whether the polling place has been relocated to an accessible facility. If the report indicates that the problems have not yet been resolved, the report must indicate how the county will resolve the problem no later than 3-31-2006. The county agrees to submit any additional reports required by the State Election Division until the county reports that the polling place accessibility requirements identified in the May 2004 survey have been resolved. The report must be certified as accurate by majority vote of the County Election Board, following review and opportunity for written comments to be added to the report by the local Advisory Council described in division (E) below.
(C) The county acknowledges that the Secretary of State and Co-Directors of the State Election Division may extend the 10-1-2004 deadline until 3-31-2006, for a specific polling place, if it is impossible or impractical for the county to ensure the polling place's compliance by 10-1-2004.
(D) As of 12-31-2005, each polling place will contain at least one voting system to permit a voter who is blind or visually impaired to vote privately and independently.
(E) No later than 12-31-2003, the county legislative body will adopt an ordinance to establish a local Advisory Council comprised of representatives of the disabilities community and elderly voters to provide assistance to the county in choosing polling places. The Council may include any number of members, but must include at feast two representatives of the disabilities communities or elderly voters. The county executive shall appoint the members and shall encourage county residents with a variety of backgrounds partisan affiliations and perspectives to participate. If county residents are not available to serve of the Council, the county executive may partner with the Governor's Planning Council on Disabilities to carry out the functions of the Council.
(F) The county fiscal body pledges that § 101 and Title III monies received by the county will be used to pay any outstanding obligations incurred by the county for the voting system purchase subject to the reimbursement.
(G) The county fiscal body pledges that if the obligations incurred by the county to obtain this voting system have been paid in full or in part as of this date, that the remaining § 101 and Title III reimbursement funds will be used to improve the administration of elections for federal office in the county.
(H) No later than 30 days after adoption of this section, the county will establish a separate non-reverting account in which all § 101 reimbursement funds will be deposited.
(I) No later than 30 days after adoption of this section, the county will establish a separate non-reverting account in which all Title III reimbursement funds will be deposited.
(J) The county agrees to refund to the state no later than 5-1-2006 an amount equal to the § 101 and Title III reimbursement funds received by the county if the Secretary of State and the Co-Directors of the State Election Division determine on 3-1-2006 that the county has not:
(1) Replaced the lever voting machines (or punch card voting systems) in each precinct of the county no later than 12-31-2005; or
(2) Honored one or more of the certifications made by the county in this section regarding polling place accessibility or permitted uses of these funds.
(Res. (joint) 15-2003, passed 12-9-2003)