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SETTLEMENT AGREEMENT between THE UNITED STATES OF AMERICA and PALM BEACH COUNTY, FLORIDA

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Election Day Response Team

  1. Within ninety (90) days of the effective date of the Agreement, the Supervisor shall ensure that an Election Day Response Team ("Team") exists within the office of the Supervisor of Elections and that for each Election will concentrate on operation of the Edge machines. This Team shall include employees who have specific expertise and training in operating and troubleshooting Edge machines.

  2. The Supervisor shall maintain and provide a direct dial phone number for the Team. The Supervisor shall specifically educate and instruct poll workers on the procedure to call the Team at the dedicated number for assistance with the Edge machines. Team members must be trained to provide assistance to poll workers through Edge machine operation and troubleshooting. Team members will travel to polling places to provide in-person direct assistance, as necessary.

  3. Each polling place must have an Edge machine which is powered on, ready to use, and fully functioning, at all times when the polls are open. If at any time the machine becomes inoperable or problems arise with its operation, poll workers shall immediately report these issues to the Team. The Team will immediately respond to any reported issues with the Edge machines.

  4. The field clerks shall visit each of the polling places to which they are assigned at least once during an Election. Field clerks shall verify that each polling place they visit has an Edge machine which is powered on, ready to use, and fully functioning.

  5. If the Team is unable to resolve an issue with the Edge machine within thirty (30) minutes from the initial notification to the Team, the Team shall arrange for delivery, installation and setup of a fully functioning replacement Edge machine to the polling site, to be delivered within two (2) hours from the initial notification to the Team.

  6. If a voter attempts to vote on an Edge machine that malfunctions, the Supervisor shall instruct its poll workers to immediately contact the Team to troubleshoot the Edge machine. If the Team and the poll workers are unable to resolve the malfunction, the poll worker shall offer the following options to the voter without expressing a preference for one option over another:

    1. Offer the use of a replacement Edge machine and explain that it may take up to two (2) hours to arrive; or

    2. Offer the voter a paper ballot and assistance with completing the paper ballot, if necessary.

Election Day Record-Keeping

  1. Edge Machine Record: Beginning on the effective date of this Agreement, for each Election the clerk must maintain a written or electronic record of all requests to use the Edge machine at their polling place. The clerk shall submit this Edge machine record to the Supervisor as soon as practicable after voting ends. For each request to use an Edge machine, this record shall include the following:

    1. whether the Edge machine was operational;

    2. if the Edge machine was not operational, the steps taken by poll workers to remediate the issue(s); and,

    3. whether the voter was able to vote on the Edge machine, obtained assistance with the ballot, or did not vote.

  2. Communication Log: The Team shall maintain a log of all communications with polling place personnel they initiate or receive during each Election regarding the Edge machines. The log shall include:

    1. the date and time of the communication;

    2. the personnel involved;

    3. polling place name and precinct number;

    4. a summary of the communication; and

    5. a description of the resolution, including whether:

      1. the poll worker or Team member was able to troubleshoot the Edge machine and make it operational;

      2. a Team member was dispatched;

      3. a replacement Edge machine was delivered; or

      4. a resolution was not obtained.

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