Paschal's elimination marked a big controversy in the game of Survivor. In the Episode Thirteen Tribal Council, Neleh and Kathy each got two votes while Vecepia had immunity. In earlier tie situations, where a re-vote did not decide who would be voted off, votes from past tribal councils were used, and the player with the most earlier votes was eliminated. In "Marquesas", the earlier votes rule was no longer used; instead players who did not have immunity would pull rocks colored yellow and purple from a bag. The player with the purple rock would be eliminated. In this situation, Kathy and Neleh drew yellow rocks, and Paschal pulled the purple rock. Although he never got any votes in the entire game, he was eliminated due to chance. Probst later said that using the purple rock tie-breaker was a mistake at this point in the game, because the formula behind it was impossible to apply fairly with only four survivors left.