Yes, but I still argue it is a bogus rule. The people don't want Wandering or RABicle to die...they voted Dasmos and Spak-Spang. By having this rule, you have negated the vote by not even allowing those that voted a chance to change after the tie is determined.
Wandering didn't want the responsibility of killing a townie. Obviously, if the mafia didn't act, they aren't losing a player.
I think this is a rule that has a flaw and it has showed its head.