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This is an out of court matter initiated by the United States Department of Justice Civil Rights Division (“DOJ”). The DOJ surveyed 22 polling places operated by the Jefferson County Board of Elections (“Board”) in Kentucky during the November 5, 2019 election. The polling places were reviewed to determine the Board’s compliance with the Americans with Disabilities Act (“ADA”). Under the ADA, state and local governmental entities that conducted elections couldn’t select polling places that were inaccessible to individuals with disabilities during elections, and they were required to make reasonable modifications to ensure that voters with disabilities had equal opportunity to participate in voting programs.
The DOJ determined that all 22 of the polling places surveyed contained elements that rendered the facilities inaccessible to voters with disabilities. Issues included a lack of accessible parking spaces; ramps that were too steep, some without the requisite handrails and edge protection; excessively sloped parking spaces, access aisles, and exterior routes to entrances; numerous gaps and bumps along exterior routes; and protruding objects. In addition, the DOJ observed that voters who used accessible voting machines were not afforded the same level of privacy afforded to other voters.
The parties reached a settlement agreement on July 20, 2022. The Board agreed to begin remediating its voting program immediately, employing measures such as portable ramps, signage, and propped-open doors to ensure that its selected polling places were accessible to voters with disabilities. In addition, the Board agreed to train its poll workers and other elections staff on the requirements of the ADA, and instruct them on how to use temporary measures to ensure each polling place was accessible during elections. The Board would also survey polling locations for accessibility and maintain the accessibility of each polling place it planned to use on election days. When selecting future polling places, the Board was to select locations that would be accessible during elections. The Board agreed to submit reports every three months until the end of the agreement, which was to terminate after three years, in 2025.
During the November 5, 2024, general election, the DOJ employed staff to 86 jurisdictions across the country, including Jefferson County, Kentucky, to monitor compliance with federal civil rights laws.
As of November 2024, the Board’s reporting is ongoing.
Summary Authors
Simran Takhar (12/30/2023)
Nicole Brigstock (11/30/2024)
Last updated Aug. 30, 2023, 1:25 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Kentucky
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The United States Department of Justice Civil Rights Division
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Jefferson County Board of Elections (Jefferson), County
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Order Duration: 2022 - None
Issues
General/Misc.:
Access to public accommodations - governmental
Disability and Disability Rights:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Voting: