This Salon article (http://www.salon.com/2012/11/05/ohio_republicans_sneak_risky_software_onto_voting_machines/) goes a lot further and looks at how the software could be used in setting up a "man in the middle" attack, changing the results after tabulation. It also quotes a memo from the EAC named “Software and Firmware modifications are not de minimis changes” which says:
“Ohio election law provides for experimental equipment only in a limited number of precincts per county,” they report. “Installing uncertified and untested software on central tabulation equipment essentially affects every single precinct in a given county.”
This would seem to be more than what is allowed by the "experimental" exception. I don't know if fraud is really occurring in this case, but installing uncertified software patches four days before the election in nearly 40 precincts of the lynchpin swing state looks shady as shit to me.
Husted is the same Republican Secretary of State that tried to completely eliminate early voting in Ohio (which disproportionally disenfranchises Democratic voters), and frankly, I don't trust him as far as I can throw him. There will be lawyers.