Yeah but can they prove they intended to break the law?
If it were a single machine with an illegal security tag because it was not logged, it might be germane. But when the majority of the machines are missing a security tag log entry, plus the video, common sense sez you should consider something other than a 'simple mistake'.
The text of the law requiring the security tags is quite straightforward. The machines should not have been used without logged security tags. Whether intended or not, the Arizona election results should be removed from the national totals, and AZ put on probation, with audits before and after, of required logs, to start.
They have to do the election again. From scratch.