The vote is equally open to all people in the raid if this is not supported by most in the raid they can decline the vote kick and then vote to kick the player who started the vote for the helm wearer to be kicked. As others have said it is not uncommon for low dps, even though they are performing at the level their gear allows, to be kicked especially after a wipe, this has been going on for as long as I can remember without an outcry of bullying.