3. It prohibits any personal campaign committee or support committee
authorized by a prospective candidate from making a contribution to any other such
committee.
4. It prohibits any lobbyist from making a contribution to a partisan elective
state official or candidate for a partisan elective state office or to such an official's or
candidate's personal campaign committee, except that the bill permits a lobbyist to
make a campaign contribution to a candidate for elective state office, or to the
personal campaign committee of such a candidate, if the candidate seeks office in the
jurisdiction or district where the lobbyist resides. Currently, a lobbyist may make
a contribution to any partisan elective state official or candidate for a partisan
elective state office in the year that an official or candidate seeks election between
June 1 and the day of the general election.
5. It prohibits a member of the legislature, or a member's personal campaign
committee, from soliciting a lobbyist or principal to arrange for another person to
make a campaign contribution to that member or committee. Currently, an elective
state official is prohibited from soliciting a lobbyist or principal to make a prohibited
campaign contribution.
6. It prohibits any registrant from accepting any contribution made by a
committee or group that does not maintain an office or street address within this
state at the time that the contribution is made, unless that committee or group is
registered with the federal election commission under federal law. Federal law
generally requires registration and reporting by organizations only when they
receive contributions or make expenditures with respect to elections for federal
office.
Currently, if a registrant receives a contribution, the registrant must deposit
the contribution in its campaign depository account no later than the end of the fifth
business day commencing after receipt, unless the registrant returns the

contribution before that time. A registrant must report the occupation and principal
place of employment of any individual who makes any contribution or contributions
to a registrant exceeding $100 in amount or value cumulatively within a calendar
year. This bill provides that whenever a registrant receives a contribution in the
form of money the registrant must obtain this information from a contributor, if
required, before depositing the contributor's contribution in its campaign depository
account. Under the bill, if the registrant does not obtain the required information
within the period prescribed for making deposits, the registrant must return the
contribution.
Contributions through conduits
Currently, if an individual or organization receives a political contribution
consisting of money and transfers the contribution to another individual or
organization without exercising discretion as to the amount to be transferred and the
individual to whom or the organization to which the transfer is made, the
contribution is considered to be made by the original contributor for purposes of
reporting by the ultimate recipient. The contribution is also treated as an individual
contribution for purposes of determining compliance with contribution limitations
and qualifying contributions for public grants. The individual or organization
making the transfer is called a "conduit" under the law. In most cases, a conduit is
required to register and file campaign finance reports unless the conduit does not
transfer any contributions to candidates or to personal campaign, legislative
campaign, or political party committees.
This bill treats a contribution of money transferred by a conduit as a
contribution from the conduit rather than from the individual contributor for
purposes of reporting by the ultimate recipient and for purposes of determining
contribution limitations and qualifying contributions for public grants. Thus, under
this bill, a contribution of money that is transferred by a conduit that is a committee
is included within the overall limitation on contributions that a candidate may derive
from public grants and from contributions received from committees. In addition,
these contributions may not be used to qualify for a public grant.
Disposition of residual or excess funds
Under current law, residual funds remaining when a person who is required to
register under the campaign financing law disbands or ceases incurring obligations,
making disbursements, or accepting contributions or excess funds received by a
registrant that may not be legally expended may generally be used for any lawful
political purpose, returned to the original contributors, or donated to a charitable
organization or the common school fund.
This bill allows residual or excess funds to be transferred to the Wisconsin
election campaign fund. The bill also requires residual contributions received by a
personal campaign committee formed to support the campaign of a partisan state
officeholder who seeks election to another office and, subsequently, decides not to run
for that other office, which exceed 10% of the statutory disbursement level for the
office that the candidate holds, to be either returned to the donors or transferred to
the Wisconsin election campaign fund. In addition, the bill limits the amount of
contributions which remain unencumbered after December 31 of an even-numbered

year that a candidate for partisan state office or such a candidate's personal
campaign committee may carry over from a general election campaign to another
campaign to not more than10% of the candidate's disbursement level. Under the bill,
contributions in excess of that amount must be transferred to the Wisconsin election
campaign fund.
Wisconsin election campaign fund
Sources and uses of funds
Under current law, the Wisconsin election campaign fund is financed through
an individual income tax "checkoff." Every individual filing a state income tax return
who has a tax liability or is entitled to a tax refund may direct that $1 of general
purpose revenue be transferred to the fund. Individuals filing a joint return may
separately choose whether to direct that the $1 transfer be made. All moneys
transferred to the fund are placed in accounts for specified state offices, and
candidates for those offices may qualify for grants from the fund to be used for
specified campaign expenses. No moneys in the fund may be used for any other
purpose.
This bill:
1. Increases the amount of the individual income tax checkoff for the Wisconsin
election campaign fund from $1 to $5, effective for tax returns filed for taxable years
beginning on or after January 1 following the day on which the bill becomes law.
Under the bill, individuals filing a joint return may separately choose whether to
make the $5 checkoff. The bill also permits individuals to determine whether to
designate their checkoffs for a "general account," which is distributed to all
candidates who qualify for a grant, or for the account of an eligible political party,
which is distributed to all candidates representing that party who qualify for a grant.
However, if there are insufficient moneys in these accounts to permit any candidate
who qualifies for a grant from receiving the full amount for which the candidate
qualifies, the bill provides for the deficiency to be drawn from state general purpose
revenue.
2. Authorizes the state elections board to set aside an amount not exceeding 5%
of the moneys transferred to the Wisconsin election campaign fund in each year,
before distributions are made to candidate office accounts, to provide public
information concerning the purpose and effect of the fund and the income tax
checkoff for the fund. As part of the public information program, the board must
prepare an easily understood description of the purpose and effect of the fund and
the tax checkoff. The department of revenue is required to include and highlight the
description in its income tax preparation instructions related to the tax checkoff.
3. Provides that, if a grant is used to purchase an advertisement from a
broadcast or communications medium, the advertisement may not include any voice
other than the voice of the candidate to whom the grant is provided.
Grant eligibility requirements and amounts
Under current law, public financing from the Wisconsin election campaign fund
is available to eligible candidates for the offices of state senator, representative to the
assembly, governor, lieutenant governor, attorney general, state treasurer, secretary
of state, justice of the supreme court, and superintendent of public instruction. To

receive a grant, a candidate must file an application with the state elections board
no later than the deadline for filing nomination papers. Following the primary
election or the date on which a primary would be held, if required, the board
determines whether a candidate who applies for a grant meets the following
eligibility requirements:
1. If the candidate seeks a partisan state office at a general election, the
candidate must have received at least 6% of the total votes cast in the primary and
have won the primary. If the candidate seeks a partisan state office at a special
election, the candidate must either: a) appear on the ballot or in the column of a
political party whose candidate for the same office at the preceding general election
received at least 6% of the vote; or b) receive at least 6% of the votes cast at the special
election.
2. The candidate must have an opponent in the election.
3. The candidate must receive, during a specified time period, a specified
amount through contributions from individuals of $100 or less. For a candidate for
the office of governor, lieutenant governor, secretary of state, state treasurer,
attorney general, justice of the supreme court, or superintendent of public
instruction, the amount is 5% of the authorized disbursement level for the office
which the candidate seeks. For a candidate for the office of state senator or
representative to the assembly, the amount is 10% of the authorized disbursement
level for the office which the candidate seeks.
Under current law, a candidate for any office who accepts a grant must comply
with statutorily prescribed contribution and disbursement limitations, unless at
least one of the candidate's opponents who received at least 6% of the votes cast for
all candidates for that office at a partisan primary, if a primary was held, does not
accept a grant and does not voluntarily agree to comply with the contribution and
disbursement limitations for that office. The maximum grant that a candidate may
receive is that amount which, when added to all other contributions accepted from
sources other than individuals, political party committees, and legislative campaign
committees, is equal to 45% of the authorized disbursement level for the office which
the candidate seeks.
Currently, the elections board must notify the state treasurer that a candidate
has qualified to receive a grant as soon as possible after the board is able to determine
that the candidate has qualified to receive the grant. The state treasurer then has
three business days to transmit the grant to the candidate.
This bill:
1. Decreases the percentage of the total votes cast that a candidate for a
partisan state office must receive in order to be eligible to receive a grant from the
Wisconsin election campaign fund to 2% of the total votes cast in the primary
election.
2. Provides that a candidate for the office of state senator or representative to
the assembly must receive contributions equal to only 5% of the authorized
disbursement level for the office which the candidate seeks in order to qualify for a
grant, but provides that the contributions of $100 or less from individuals used by
a candidate for any state office to determine eligibility for a grant from the Wisconsin

election campaign fund must be made by individuals who reside in this state and, in
the case of a candidate for legislative office, by individuals at least 50% of whom
reside in a county having territory within the district in which the candidate seeks
office.
3. Provides that a candidate who applies for a grant may not accept any
contribution from any committee other than a political party committee. If the
candidate has accepted any contribution from a committee other than a political
party committee during the campaign for the office that the candidate is currently
seeking, the candidate must return the contribution to the contributor or donate the
contribution to a charitable organization or to the Wisconsin election campaign fund
or the common school fund before filing an application for a grant. The candidate
may, however, later accept a contribution from a committee other than a political
party committee if the candidate is determined by the elections board to be ineligible
to receive a grant, after the date of that determination.
4. Increases the maximum grant that a candidate for the office of justice of the
supreme court or superintendent of public instruction may receive to 75% of the
authorized disbursement level for the office that the candidate seeks and provides
that the maximum grant that a candidate for any other state office may receive is
45% of the authorized disbursement level for the office that the candidate seeks,
unless the candidate qualifies to receive a supplemental grant (see below).
5. Provides that a candidate who accepts a grant shall receive a supplemental
grant in an amount equal to: a) the amount of any independent disbursements that
are made to oppose that candidate, or to support that candidate's opponent,
exceeding 10% of the disbursement limitation for the office that the candidate seeks;
and b) the total amount of disbursements exceeding the amount of the disbursement
limitation for that office made by an opposing candidate who does not accept a grant.
6. Requires the elections board and state treasurer to electronically transmit
supplemental grants to qualifying candidates who so request within 24 hours after
the candidates qualify to receive the supplemental grants.
Initial applicability
All campaign finance changes under the bill apply to elections held on or after
the day on which the bill becomes law.
Tax credits and deductions
The bill eliminates a current state income and franchise tax deduction for
certain business expenses that lobbyists incur, effective for tax returns filed for
taxable years beginning on or after January 1, 2003. Currently, this deduction may
be claimed for expenses incurred in direct connection with: 1) appearances before,
submission of statements to, or sending communications to a federal, state, or local
legislative body, a legislative committee, or an individual legislator with respect to
legislation or proposed legislation of direct interest to a taxpayer; or 2)
communications between a taxpayer and an organization of which the taxpayer is
a member with respect to legislation or proposed legislation of direct interest to the
taxpayer and the organization. Under the bill, dues paid to any organization remain
deductible to the extent that they are attributable to expenses of these activities.

This bill also creates an income tax credit for individuals who make one or more
contributions to a state or county committee or a political party or a candidate for
state office who files an application for a grant from the Wisconsin election campaign
fund in which the candidate agrees to be bound by disbursement and
self-contribution limitations, if the application is accepted by the elections board.
In order to be eligible for a credit, a contribution to a political party committee must
be made to a committee of a party that qualifies for a separate ballot or column or
row on the ballot, and a contribution to a candidate must be made to a candidate for
office in the same jurisdiction or district in which the claimant resides. The
maximum credit that may be claimed for any contribution is $50 within any taxable
year; the maximum credit that may be claimed for all contributions is $100 within
any taxable year. The credit is nonrefundable; no refund will be paid if the amount
of the credit for which the claimant is otherwise eligible exceeds his or her tax
liability.
Elections board
Under current law, the governor appoints all members of the elections board as
follows: one member is selected by the governor and one member each is designated
by the chief justice of the supreme court, the speaker of the assembly, the senate
majority leader, the minority leader in each house of the legislature, and the chief
officer of each political party qualifying for a separate ballot at the September
primary whose candidate for governor at the most recent gubernatorial election
received at least 10% of the vote (currently, the Republican and the Democratic
parties).
This bill increases the potential number of political parties that may designate
an individual to the governor for appointment to the board. Under the bill, any
political party that qualified for a separate ballot at the preceding September
primary may designate an individual to the governor for appointment to the board.
This bill also increases the authorized FTE positions for the board by 1.0 GPR
campaign finance investigator position and 1.0 GPR auditor position.
Nonseverability
Currently, if any part of an act is found by a court to be invalid, those parts that
are valid are severed from the invalid part and the severed parts continue in force.
This bill provides that if any part of the act resulting from enactment of the bill
relating to reporting of mass media activities, reporting of disbursements by
committees acting independently of candidates and by candidates who decline to
accept public grants, and provision of supplemental grants to candidates who are
opposed or whose opponents are supported by those disbursements is found by a
court to be invalid, then all of those parts of the act are void.
This bill will be referred to the joint survey committee on tax exemptions for a
detailed analysis, which will be printed as an appendix to the bill.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB155, s. 1 1Section 1. 5.02 (13) of the statutes is amended to read:
AB155,14,72 5.02 (13) "Political party" or "party" means a state committee registered under
3s. 11.05 and organized exclusively for political purposes under whose name
4candidates appear on a ballot at any election, and all county, congressional,
5legislative, local and other affiliated committees authorized to operate under the
6same name. For purposes of ch. 11, the term does not include a legislative campaign
7committee or
a committee filing an oath under s. 11.06 (7).
AB155, s. 2 8Section 2. 7.08 (2) (c) and (cm) of the statutes are amended to read:
AB155,14,199 7.08 (2) (c) As soon as possible after the canvass of the spring and September
10primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
11September, transmit to the state treasurer a certified list of all eligible candidates
12for state office who have filed applications under s. 11.50 (2) and whom who the board
13determines to be are eligible to receive payments from the Wisconsin election
14campaign fund. The board shall also electronically transmit a similar list of
15candidates who the board determines are eligible to receive a grant under s. 11.50
16(9) (b) or (ba) within 24 hours after any candidate qualifies to receive such a grant.
17Each
list shall contain each candidate's name, the mailing address indicated upon
18the candidate's registration form, the office for which the individual is a candidate
19and the party or principle which he or she represents, if any.
AB155,15,1120 (cm) As soon as possible after the canvass of a special primary, or the date that
21the primary would be held, if required, transmit to the state treasurer a certified list

1of all eligible candidates for state office who have filed applications under s. 11.50 (2)
2and whom who the board determines to be are eligible to receive a grant from the
3Wisconsin election campaign fund prior to the election. The board shall also transmit
4a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and
5whom who the board determines to be are eligible to receive a grant under s. 11.50
6(1) (a) 2. after the special election. The board shall electronically transmit a similar
7list of candidates who the board determines are eligible to receive a grant under s.
811.50 (9) (b) or (ba) within 24 hours after any candidate qualifies to receive such a
9grant. Each
list shall contain each candidate's name, the mailing address indicated
10upon the candidate's registration form, the office for which the individual is a
11candidate and the party or principle which he or she represents, if any.
AB155, s. 3 12Section 3. 7.08 (2) (cs) of the statutes is created to read:
AB155,15,1513 7.08 (2) (cs) In each even-numbered year, certify to the state treasurer for the
14period beginning with the month following certification and ending with the month
15in which the next certification is made by the board:
AB155,15,1916 1. No later than July 1, the name of each political party that qualifies under
17s. 11.50 (1) (am) 1. as an eligible political party as of the preceding June 1 and whose
18state chairperson has filed a request to establish an account for the party under s.
1911.50 (2s) (a).
AB155,15,2320 2. No later than December 15, the name of each political party that qualifies
21under s. 11.50 (1) (am) 2. as an eligible political party as of the date of the preceding
22general election and whose state chairperson has filed a written request to establish
23an account for the party under s. 11.50 (2s) (a).
AB155, s. 4 24Section 4. 7.70 (3) (e) 1. of the statutes is amended to read:
AB155,16,6
17.70 (3) (e) 1. After each September primary, the name of each candidate not
2defeated in the primary who receives at least 6% 2% of the total vote cast for all
3candidates on all ballots at the primary for each separate state office except district
4attorney, and the percentage of the total vote received by that candidate. Such The
5percentage shall be calculated within each district in the case of legislative
6candidates.
AB155, s. 5 7Section 5. 8.30 (2) of the statutes is amended to read:
AB155,16,148 8.30 (2) If no registration statement has been filed by or on behalf of a candidate
9for state or local office in accordance with s. 11.05 (2g) or (2r) by the applicable
10deadline for filing nomination papers by such the candidate, or the deadline for filing
11a declaration of candidacy for an office for which nomination papers are not filed, the
12name of the candidate may not appear on the ballot. This subsection may not be
13construed to exempt a candidate from applicable penalties if he or she files a
14registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g).
AB155, s. 6 15Section 6. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:
AB155,16,2316 8.35 (4) (a) 1. a. Donated to the former candidate's local or state political party
17if
If the former candidate was a partisan candidate or, donated to the former
18candidate's local or state political party,
donated to the a charitable organization of
19the former candidate's choice or the charitable organization chosen
or transferred to
20the board for deposit in the Wisconsin election campaign fund, as instructed by the
21former candidate or, if the candidate left no instruction,
by the former candidate's
22next of kin if the former candidate is deceased, or if no choice is made returned to the
23donors on a proportional basis
; or
AB155,17,424 b. If the former candidate was a nonpartisan candidate, donated to the a
25charitable organization of the former candidate's choice or the charitable

1organization chosen
or transferred to the board for deposit in the Wisconsin election
2campaign fund, as instructed by the former candidate or, if the candidate left no
3instruction,
by the former candidate's next of kin if the former candidate is deceased;
4or
AB155, s. 7 5Section 7. 8.35 (4) (c) and (d) of the statutes are amended to read:
AB155,17,166 8.35 (4) (c) The transfer to the replacement candidate under par. (b) shall be
7made and reported to the appropriate filing officer in a special report submitted by
8the former candidate's campaign treasurer. If the former candidate is deceased and
9was serving as his or her own campaign treasurer, the former candidate's petitioner
10or personal representative shall file the report and make the transfer required by
11par. (b
), if any and file the report. The report shall be made in the manner provided
12under s. 11.21 (16), if applicable, or otherwise at the appropriate interval under s.
1311.20 (2) or (4) and shall
include a complete statement of all contributions,
14disbursements and incurred obligations pursuant to s. 11.06 (1) covering the period
15from the day after the last date covered on the former candidate's most recent report
16to the date of disposition.
AB155,17,2017 (d) The newly appointed candidate shall file his or her report in the manner
18provided under s. 11.21 (16), if applicable, or otherwise
at the next appropriate
19interval under s. 11.20 (2) or (4) after his or her appointment. The appointed
20candidate shall include any transferred funds moneys in his or her first report.
AB155, s. 8 21Section 8. 10.02 (3) (b) 2m. of the statutes is amended to read:
AB155,18,522 10.02 (3) (b) 2m. At the September primary, the elector shall select the party
23ballot of his or her choice or the ballot containing the names of the independent
24candidates for state office, and make a cross 8 next to or depress the lever or button
25next to the candidate's name for each office for whom the elector intends to vote or

1insert or write in the name of the elector's choice for a party candidate, if any. In order
2to qualify for participation in the Wisconsin election campaign fund, a candidate for
3state office at the September primary, other than a candidate for district attorney,
4must receive at least 6% 2% of all votes cast on all ballots for the office for which he
5or she is a candidate, in addition to other requirements.
AB155, s. 9 6Section 9. 11.01 (5m) of the statutes is repealed.
AB155, s. 10 7Section 10. 11.01 (12s) of the statutes is repealed.
AB155, s. 11 8Section 11. 11.01 (13) and (20) of the statutes are created to read:
AB155,18,109 11.01 (13) "Mass mailing" means the distribution of 50 or more pieces of
10substantially identical material.
AB155,18,12 11(20) "Telephone bank operator" means any person who places or directs the
12placement of telephone calls to individuals.
AB155, s. 12 13Section 12. 11.01 (16) (a) 3. of the statutes is created to read:
AB155,18,2114 11.01 (16) (a) 3. A communication that is made by means of one or more
15communications media or a mass mailing, or through a telephone bank operator,
16other than a communication that is exempt from reporting under s. 11.29, that is
17made during the period beginning on the 60th day preceding an election and ending
18on the date of that election and that includes a name or likeness of a candidate whose
19name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that
20election, the name of an office to be filled at that election, or the name of a political
21party.
AB155, s. 13 22Section 13. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended
23to read:
AB155,19,624 11.05 (1) (a) Except as provided in s. 9.10 (2) (d), every committee, other than
25a personal campaign committee, and every political group subject to registration

1under s. 11.23 which
that makes or accepts contributions, incurs obligations or
2makes disbursements in a calendar year in an aggregate amount in excess of $25
3shall file a statement with the appropriate filing officer giving the information
4required by sub. (3). In the case of any committee other than a personal campaign
5committee, the statement shall be filed by the treasurer. A personal campaign
6committee shall register under sub. (2g) or (2r).
AB155, s. 14 7Section 14. 11.05 (1) (b) of the statutes is created to read:
AB155,19,118 11.05 (1) (b) Every political group subject to registration under s. 11.23 which
9makes or accepts contributions, incurs obligations, or makes disbursements in a
10calendar year in an aggregate amount in excess of $100 shall file a statement with
11the appropriate filing officer giving the information required by sub. (3).
AB155, s. 15 12Section 15. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended
13to read:
AB155,19,2114 11.05 (2) (a) Except as provided in s. 9.10 (2) (d), every individual, other than
15a candidate or agent of a candidate, who accepts contributions, incurs obligations,
16or makes disbursements with respect to one or more elections for state or local office
17in a calendar year in an aggregate amount in excess of $25 shall file a statement with
18the appropriate filing officer giving the information required by sub. (3). An
19individual who guarantees a loan on which an individual, committee or group subject
20to a registration requirement defaults is not subject to registration under this
21subsection solely as a result of such default.
AB155, s. 16 22Section 16. 11.05 (2) (b) of the statutes is created to read:
AB155,20,223 11.05 (2)(b) Every individual who accepts contributions, incurs obligations, or
24makes disbursements with respect to one or more referenda in a calendar year in an

1aggregate amount in excess of $100 shall file a statement with the appropriate filing
2officer giving the information required by sub. (3).
AB155, s. 17 3Section 17. 11.05 (2r) (title) of the statutes is renumbered 11.06 (2m) (title).
AB155, s. 18 4Section 18. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and
5amended to read:
AB155,21,26 11.06 (2m) (a) Any person, committee or group, other than a committee or an
7individual or committee required to file an oath under s. 11.06 (7), who or which does
8not anticipate accepting contributions, making disbursements or incurring
9obligations in an aggregate amount in excess of $1,000 in a calendar year and does
10not anticipate accepting any contribution or contributions from a single source, other
11than contributions made by a candidate to his or her own campaign, exceeding $100
12in that year may indicate on its registration statement that the person, committee
13or group will not accept contributions, incur obligations or make disbursements in
14the aggregate in excess of $1,000 in any calendar year and will not accept any
15contribution or contributions from a single source, other than contributions made by
16a candidate to his or her own campaign, exceeding $100 in such any calendar year.
17Any registrant making such an indication is not subject to any filing requirement if
18the statement is true. The registrant need not file a termination report. A registrant
19not making such an indication on a registration statement is subject to a filing
20requirement. The indication may be revoked and the registrant is then subject to a
21filing requirement as of the date of revocation, or the date that aggregate
22contributions, disbursements or obligations for the calendar year exceed $1,000, or
23the date on which the registrant accepts any contribution or contributions exceeding
24$100 from a single source, other than contributions made by a candidate to his or her

1own campaign, during that any calendar year, whichever is earlier. If the revocation
2is not timely, the registrant violates s. 11.27 (1).
AB155, s. 19 3Section 19. 11.05 (3) (c) of the statutes is amended to read:
AB155,21,74 11.05 (3) (c) In the case of a committee, a statement as to whether the
5committee is a personal campaign committee, a political party committee, a
6legislative campaign committee,
a support committee or a special interest
7committee.
AB155, s. 20 8Section 20. 11.05 (3) (m) of the statutes is created to read:
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