Remember that 3% of the ICO contributors haven't received their tokens yet and now the team is using them most probably to cast votes for refund and enrich themselves even more.
You mean the 3% that are on an address that is excluded from the results? Yes, that makes sense indeed.

Even though that they are excluded, it's a crime that the legitimate owners have not received their tokens for over a year, they should be able to proceed with their tokens as they see fit ( sell them, vote for refund or against refund).