During the critical section, the source shard sends _configsvrCommitChunkMigration to the CSRS primary, but this can fail if the primary recently stepped down, causing the source shard to try to log "moveChunk.validating" on the CSRS primary to update its optime before refreshing metadata, and if this also fails, the source shard will fassert.
From this comment, it seems that this is desired behavior, but it's a problem for the continuous stepdowns concurrency suite with the balancer enabled, since background migrations can crash servers and fail the test when the cluster is torn down.