So you completely missed the entire point of what I said ... the issue is they are using a too low 75% ...

False.

Bitcoin mining is random statistics.
It's not 10 minutes per block, every block.

Edit: and to give an example:
My pool mined 17 blocks at under 30% difficulty - yep luck was on a roll when that happened.
At the time, if there was any voting happening, for that period of time my pool would have effectively voted at over 300% of it's hash power.