[ElProximo]

Simon can mention the judges 'don't know the votes' all he wants but it doesn't change the actual problem in this:

The voters (the ones paying money and participating) understand that 'The act with the fewest votes is eliminated'.
This is not true.
It should be clear to the customer: The TWO acts with the least votes will be subject to elimination and 1 will go as determined by judges.

Keep in mind, this could mean 1 has a massive margin of votes ahead of the other. It doesn't matter if Mary had 30 times the votes or Cher-L had only 25 people voting for her and Mary 7000.

If this went to court I suppose 'technically' somehow the clever X-Factor people could interpret wording, show fine-print and maybe they could 'technically' get away innocent,
however,
for the sake of good relations and good business they ought to make it clear to the customers:
The TWO with the least votes are subject to judges elimination.

In all seriousness, this really does make a person lose interest in voting.