Reasonable Inference
Maricopa County leveraged COVID-19 social-distancing protocols to restrict the number and proximity of public observers permitted to witness L&A testing sessions. The practical effect was that observers were unable to verify machine serial numbers against test tapes, confirm that the same machines tested were the same machines deployed, or meaningfully observe the testing process as required by A.R.S. ยง 16-442. Because Arizona law makes public observability a substantive component of the L&A process, restricting observation is not a procedural accommodation – it is a violation of the statute’s transparency requirements.
Citations
EO 2020-43 by Governor Deucy, https://azgovernor.gov/sites/default/files/eo_2020-43_sw.pdf
EO 2020-36 by Governor Deucy, https://www.huschblackwell.com/arizona-state-by-state-covid-19-guidance
Maricopa County COVID election plan, https://www.lawfaremedia.org/article/arizonas-2020-elections-wake-coronavirus