Is the vote kick system improperly implemented for how it's actually being used?

[Zojha]

Since logically the accuser/initiator will always be a 'yes' (since why else would you start it?), and the accused is assumed to be against it, then neither should be counted. This way it requires a majority rather than half.

That still doesn't work, because of the two votes left, if one votes for and the other against, it's still essentially a 2:2 tie (broken down to a 1:1 tie).

In any even numbered group, there can be ties that can not be fairly resolved because there is an equal number of people on both sides. The only way to break that tie in a fair way is to get yourself an additional, independent vote to tip the scales in either direction or convince someone to switch sides.

It's just what it is.