Reasonable Inference
A structural deficiency in L&A testing practice across multiple jurisdictions is that testing is frequently conducted after initial EMS programming but before final ballot database configuration is complete – particularly in jurisdictions where late ballot contest additions, ballot style corrections, or candidate withdrawals occur close to the election. The October 23, 2020 Antrim County database modification is the most clearly documented instance of this pattern: the original project was built September 25, tested, and then replaced by a new project on October 23 with no subsequent testing. The practical consequence is that L&A testing in these jurisdictions verifies an intermediate configuration, not the final deployed configuration – rendering the test legally insufficient to satisfy the statutory purpose of verifying that “the equipment will accurately tabulate the ballots to be cast.”
Citations
Fulton County 2020 General Election Report for Georgia State Election Board, Election Oversight Group, LLC https://drive.google.com/file/d/1UzJ4qX6iBSrFMtkoRnOGIe3q8pzGjkVx/view?usp=drive_link
Halderman Antrim County Forensic Analysis: https://www.usenix.org/system/files/sec22-halderman.pdf | USENIX Security Symposium
Fulton County PA sues Dominion: https://justthenews.com/sites/default/files/2022-09/FultonPAsuesDominion.pdf | Just The News