; and (ii) (I) if voted on once during such 5-year period, received less than 10 percent of the votes cast; (II) if voted on twice during such 5-year period, received less than 20 percent of the votes cast; or (III) if voted on three or more times during such 5-year period, received less 40 percent of the votes cast. (b) Nullification of proposed rule The Securities and Exchange Commission may not finalize or apply the positions contained in the proposed rule entitled Substantial Implementation, Duplication, and Resubmission of Shareholder Proposals under Exchange Act Rule 14a–8 (87 Fed. Reg. 45052), issue any substantially similar rule, or apply any substantially similar rule, including with respect to a no-action or other interpretive request.