As noted in thecorporatecounsel.net blog, in Illumina, Inc. (March 18, 2016), the staff finally had occasion to grant no-action relief applying the new test under Rule 14a-8(i)(9). In Illumina, the shareholder proposal (from the John Chevedden group) requested that the "board take the steps necessary so that each voting requirement in our charter and bylaws that calls for a greater than simple majority vote be eliminated, and replaced by a requirement for a majority of the votes cast for and against applicable proposals, or a simple majority in compliance with applicable laws." After the proposal was received, Illumina's board approved a management proposal, to be submitted for shareholder ratification on an advisory basis at the 2016 annual meeting, to retain eight provisions in the company's charter and bylaws that require a supermajority (66-2/3%) vote.