Not necessarily. Part of the question lies in what constitutes the "voting system". ESS obviously considered the voting system to lie in the functional operation. Somebody in the state government considered it otherwise (or saw a chance to make some hay).

Regardless, the courts will sort it out and say who is wrong and right. An interesting estoppel argument for ESS is that this machine was clearly labled differently. If they explained the change and the counties bought the machines anyway, the state could be stopped from claiming any damages since the voting officials in the counties didn't believe it was a change to the voting system either.