rattling scepter spirit calculation not working correctly

ive got picts of what ive currently got going buildwise so it can be reengineered if desired. picts all the way at the bottom.

so, im a witch, lvl 20, had good luck with a sceptre that gives 50% more spirit (its actually a compound of a +16% magic and a +34% rare modifier). ive killed the king of the mists in act 1 to get 30 additional spirit eavin me at a solid 180. ive got it almost all used up save 1 (5 warriors of wich 2 are free => 75S, 2 snipers => 74s and the grim feast => 30s =179S used total)

now im not entirely sure where this issue stems from, if it is connected to Grim Feast or not but ive had ravenous swarm before and there i remember having the same issue and its not connected to unearth wich i had previously equipped by exchanged to essence drain for a test.

The issue: For some reason, sometimes when i play and the minions die and revive, the game counts the amount of minions i have wrong, leading to a involuntary increase in spirit use kinda just bricking the entirety of it. wich in turn leads to the disabling of grim feast or any other spirit gem. the way to reset this is by simply unequipping and reequipping the sceptre, simply picking up and putting back down is enough.

Relevant Gems aside from them ive got pain offering and enfeeble aswell as essence drain:
https://prnt.sc/itu69n854RGl

The scepter in question:
https://prnt.sc/iAMw8x6LS0me

my passives tree:
https://prnt.sc/VjT2_XYcosXd

(not sure why the picts dont embed with lightshot, but the links work, ive checked)

i trhink a good place to test this is actually the Rudja, the dread Engineer fight. i had this happen several times during it where suddenly more spirit has been reserved than actually reasonable, with grim feast enabled and with it disabled. ive been using unearth again cause that skill just feels better to play. hope you guys can find the cause behind this