If it does not change the outcome of the election then it does not have the intended effect. If the margin was so close as to change the election the laws on the books would force a complete manual count regardless. Nevertheless, you are proving my point about the risk limiting audits which would help to catch anomalies like this.
>You say there will be a recount, how would that work?, what would trigger it?, and what could a malicious actor do to prevent it from working?
If the margin is within a certain percentage (depends on the state) it forces a manual count of the ballots. I am advocating the risk limiting audits to help catch the machine acting malicious while printing the correct result on paper.
>Malicious actor that can have firmware modified (that seems like a easy target - compromise company making them), that can work up large crowds and have resources for lawsuits.
The lawsuits would still have to respect the law on the books. No machine is perfect but humans are not perfect either. In this thread I already discussed the incident in NY where they have paper ballots filled out by voters and then scanned. Humans messing up the ballots lead to the discarding of votes because they could not be validated. A combination of machine verifying human while human verifying machine is best.