(A) (1) Subject to the availability of § 101 of the Help America Vote Act of 2002, being Pub. Law No. 107-252, monies to the county under the Help America Vote Act of 2002, the county will make all permanent and temporary improvements to each polling place not later the 31 days prior to the first election following reimbursement (under Pub. Law No. 108-2008, being I.C. 3-11-6.5-4) 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 by the “polling public place accessibility survey form” that are not specifically required by state or federal law.
(2) The county will submit a report to the State Election Division no later than December 31, 2010. The report under the section must list the polling place accessibility problems identified by the polling public place accessibility survey form poll workers or voters; 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 prior to the next scheduled election. 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 (A)(4) below.
(3) 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.
(4) 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 least 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 on the Council, the County Executive may partner with the Governor’s Planning Council on Disabilities to carry out the functions of the Council. (If this Local Advisory Council exists from a previous reimbursement period, the Council must meet prior to the first general election following reimbursement under this application.)
(5) The county fiscal body pledges that § 101 of the Help America Vote Act of 2002, being Pub. Law No. 107-252 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.
(6) The county fiscal body pledges that if the obligations inclined by the county to obtain this voting system have been paid in full or in part as of this date, that the remaining § 101 of the Help America Vote Act of 2002, being Pub. Law No. 107-252 monies will be used to improve the administration of elections for federal office in the county.
(7) No later than 30 days after adoption of this division (A), the county will establish a separate non-reverting account in which all § 101 of the Help America Vote Act of 2002, being Pub. Law No. 107-252 monies will be deposited. (Section 101 of the Help America Vote Act of 2002, being Pub. Law No. 107-252 monies cannot be mixed with Title III requirement monies nor with § 102 of the Help America Vote Act of 2002, being Pub. Law No. 107-252 monies.)
(8) The county agrees to refund to the state no later than 365 days and amount equal to the § 101 of the Help America Vote Act of 2002, being Pub. Law No. 107-252 monies received by the county if the State Secretary and the Co-Directors of the State Election Division determine at any time that the county has not:
(a) Provided at least one voting system is in each polling place to permit a voter who is blind or visually impaired to vote privately and independently in accordance with Pub. Law No. 209-2003, being I.C. 3-11-15-13.3; or
(b) Honored one or more of the certifications made by the county in this division (A) regarding polling place accessibility or the permitted uses of these funds.
(B) The county is approved to operated as a vote center county starting with the May 8, 2012 election.
(Res. 03-19-12, passed - -; Council Res. 03-14-12, passed - -; Res. 10-13-10, passed 10-13-2010)