Justice Department Secures Agreement with Hays County to Ensure Polling Place Access to Votes with Disabilities

AUSTIN, Texas - U.S. Attorney Jaime Esparza for the Western District of Texas announced today that the United States has reached a settlement agreement with Hays County to ensure that the county provides accessible polling places to voters with disabilities. The agreement resolves the United States' investigation into Hays County's compliance with Title II of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability by a state or local government in any of its programs or services.

Investigators from the Department of Justice surveyed the 14 polling places the county used during the 2023 Uniform Election. The United States observed that the polling places contained architectural or equipment barriers that rendered the facilities inaccessible to votes with disabilities, such as a lack of van accessible parking; excessively sloped ramps, some without handrails and edge protection; excessively sloped portions of parking spaces, access aisles, and exterior routes to the entrance; numerous gaps and level changes along exterior routes; and protruding objects. In addition, the observers documented a lack of knee and toe clearance at the accessible voting machines and at other voting stations at some locations.

"The right to vote is a cornerstone of our democracy and must not be diminished or restricted," said U.S. Attorney Esparza. "People with disabilities are entitled to equal opportunity and full inclusion at the ballot box. Under this agreement, eligible voters with disabilities in Hays County will be able to exercise their fundamental right to vote and participate in our democracy. Our office will continue working to ensure that all eligible Americans have access to the ballot."

Under the settlement agreement, the county will engage the technical assistance of an accessibility expert and use an evaluation form for each current and prospective polling place based on ADA architectural standards. The agreement requires the county to make polling places more accessible through a variety of measures. In addition, Hays County will train its poll workers and other elections staff on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible during elections.

For more information about the ADA, please visit www.ada.gov, or call the Department of Justice's toll-free information line at (800) 514-0301 or (800) 514-0383 (TDD). Information about filing a complaint, including instructions for filing a complaint online, can be found at https://www.justice.gov/crt/how-file-complaint.

Assistant U.S. Attorneys Liane Noble, Matthew Mueller, and Robert Green represented the government in this investigation and resolution.

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