-- since it was discussed above. I knew the rule was posted in these forum somewhere, and I found it here, courtesy of dabo and squidproquo.

"If there is a tie between Contestants, then a second vote may be conducted in which all non-eliminated Contestants at the Tribal Council (other than the tied Contestants) must vote to eliminate one of such tied Contestant. This voting process may continue until one and only one Contestant is chosen for elimination. If, however, there is a deadlock in the voting as determined by the Producer in its sole discretion, then the following shall occur: (a) the Contestants who are tied with the same number of votes for elimination are separated from the other Contestants; and number of votes for elimination are separated from the other Contestants; and (b) the remaining, non-eliminated, non-tied, Contestants at the Tribal Council have two minutes to discuss and decide, in an open forum, which of the tied Contestants should be eliminated. If a decision is reached by the remaining, non-eliminated, non-tied, Contestants, the Contestant whom they have chosen for elimination is eliminated. On the other hand, if, after the two minute discussion, the remaining non-eliminated, non-tied, Contestants have not reached a decision as to which one of the tied Contestants should be eliminated, the following shall occur (subject to the clarification set forth below): the tied Contestants are now deemed to be immune from elimination at this Tribal Council, and the remaining, non-eliminated, non-tied, Contestants (with the sole exclusion of any remaining, non-tied, Contestant who has previously been granted immunity for this Tribal Council as a result of winning a Challenge) must choose a rock from a bag without looking inside of the bag. The Contestant who selects the differently colored rock is eliminated."

So someone who played an hii in the first round of voting is not automatically excluded from picking a purple rock (they would only be if they are one of the tied contestants).