ALT ARGUMENT 13 H The Eighth Circuit cannot nullify this Court's stay by replacing the stayed injunction with a new injunction granting identical relief. • 13 II. The Eighth Circuit had jurisdiction only to correct the district court's failure to convene the three-judge court required by federal law 17 III. Purcell bars a federal court from demanding impossible relief that guarantees confusion in an election that is already underway. 23 IV. The remaining equitable factors demand relief. 30 V. Plaintiffs have no likelihood of success on the merits of their federal claims, which this Court has already twice considered. 33 CONCLUSION 39

ALT Applicants therefore return to this Court for emergency relief. Applicants first move the Court to clarify that its September 10 Order precludes enforcement of the replacement injunction-or any other lower court order granting the relief this Court has stayed. Alternatively, if this Court concludes that its September 10 Order does not already reach the new injunction, Applicants seek a stay of the district court's new injunction and the Eighth Circuit's order requiring its entry, together with a recall and stay of the mandate to the extent necessary to preserve the status quo.