The problem is it - not the lawsuit itself, but the public perception of it - could come back to bite the other side. There have been plenty of good reasons to suspect electronic voting in the past, at least in the absence of verifiable paper backups and regular random sampling recounts of those paper ballots. Which is still a pretty rare practice, isn't it? In the absence of those standards, it's still reasonable to have suspicion even if you don't have evidence; the entire problem is that you're kept from gathering the evidence.

The biggest reason to doubt the "voter fraud" theories this time around is because of who is making the complaints, not because the voting companies (or the laws surrounding e-voting) are beyond reproach.