; or (2) addresses substantially the same subject matter (without regard to whether the proposal involves a significant social policy issue) as a proposal previously included in the proxy or consent solicitation material for an annual meeting of the shareholders of an issuer— (A) for a meeting of the shareholders conducted in the preceding 5 years; and (B) if the most recent vote— (i) occurred in the preceding 3 years; and (ii) (I) if voted on once during such period, received less than 5 percent of the votes; (II) if voted on twice during such period, received less than 15 percent of the votes