Prosecution of civil prohibited practice offenses
Currently, with limited exceptions, prosecutions of prohibited election practice
offenses are conducted by the appropriate district attorney, or in certain cases, by the
attorney general. Most of these offenses are criminal, but a few of them are civil
offenses. This substitute amendment provides that, with limited exceptions,
prosecutions of civil prohibited election practice offenses, including the one created
by this substitute amendment (see Voter intimidation, suppression, and protection,
above), may be prosecuted either by GAB or by the appropriate district attorney.
Challenging the ballots of electors at polling places
Currently, any elector may challenge for cause the right of any other elector to
vote at a polling place if the challenger knows or suspects that the challenged elector
is not a qualified elector. The inspectors of election (poll workers) must then
administer oaths to both the challenger and the challenged elector concerning the
challenged elector's qualifications. If the inspectors receive the ballot of any elector
who has been challenged, they must mark the ballot with the elector's serial number.
If canvassing an election, a board of canvassers may review and decide any challenge
and may count or reject a challenged ballot accordingly. If a petition for a recount
is filed, the board of canvassers may again review and decide whether a challenged
ballot is cast by a qualified elector and may count or reject the ballot accordingly. An
elector may also challenge the ballot of an absent elector before the inspectors at a
polling place or before a board of absentee ballot canvassers in municipalities where
absentee ballots are not canvassed at polling places. The challenged elector need not
be present when the challenge is made.
This substitute amendment provides that only an elector who resides in the
same county as the one in which a challenged elector resides may challenge the ballot
of that elector and, if the challenged elector is an elector of a first class city, only an
elector who resides in the same aldermanic district as the one in which the
challenged elector resides may challenge the ballot of that elector. The substitute
amendment, however, permits a district attorney to challenge the ballot of any
elector within the prosecutorial district served by the district attorney. The
substitute amendment directs the inspectors or board of absentee ballot canvassers
to require the challenging elector to provide proof of residence, as defined by law,
when making a challenge.

Withholding of voluntarily provided elector information
Currently, GAB and municipal clerks must provide public access to information
in their records unless otherwise provided by law or unless the custodian
demonstrates that the public interest in withholding public access outweighs the
strong public interest in providing that access. This substitute amendment provides
that whenever GAB or a county or municipal clerk or board of election commissioners
has the telephone number, facsimile transmission number, or electronic mail
address of an elector that is voluntarily provided by the elector to GAB or to the clerk
or board, GAB and the clerk and board are prohibited from providing access to that
information except to election officials and employees to be used for the
administration of elections.
Automatic tabulating equipment testing
Currently, if a municipality uses an electronic voting system at an election that
employs automatic tabulating equipment, the municipal clerk or board of election
commissioners must conduct a public test not more 10 days before the election to
ensure that the equipment correctly counts votes. This substitute amendment
permits the test to be conducted at any time after ballots become available prior to
the date of the election.
Proof of residence
Currently, an elector must provide proof of residence in a form specified by law
for various registration and voting purposes. The purposes include voter
registration after the close of registration for an election (5 p.m. on the 20th day
before the election) and voting for the first time in this state after registering by mail.
In order for a specified form of proof to be valid, the proof must contain the current
and complete name of the elector and the elector's current and complete address.
However, if a student at a university, college, or technical college presents a fee or
identification card, and the university, college, or technical college provides a current
list of students residing in housing sponsored by the university, college, or technical
college to a municipal clerk, and the municipal clerk, special registration deputy, or
inspector (poll worker) verifies that the name of the student presenting a card
appears on the list, the card need not contain the required information in order to
be valid.
This substitute amendment provides that if an elector registers to vote at the
office of the municipal clerk or board of election commissioners or an alternate
absentee voting site when voting an absentee ballot in person (beginning on the 21st
day before an election), the elector must provide proof of residence even if
registration for that election has not closed when the elector registers to vote.
The substitute amendment also provides that a municipal clerk, special
registration deputy, or inspector must accept a university, college, or technical
college fee or identification card presented by a student as proof of residence for
registration or voting at an election if the student's university, college, or technical
college has provided to the municipal clerk a current list of students residing in
housing sponsored by the university, college, or technical college and the student's
name appears on the list.

Review of encumbrances and expenditures by Joint Committee on Finance
Currently, the the legislature has made appropriations to the GAB for the
operation of the board in the current fiscal biennium. This substitute amendment
does not change these appropriations. However, the substitute amendment provides
that before GAB may encumber or expend any amount of money to implement or
administer any provision of the act resulting from enactment of this substitute
amendment, GAB's legal counsel must first notify the cochairpersons of the Joint
Committee on Finance of the proposed encumbrance or expenditure. The proposed
encumbrance or expenditure is then subject to approval of or modification by the
committee, but the committee may waive its right to review any proposed
encumbrance or expenditure.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB640-SSA1, s. 1 1Section 1. 5.05 (1) (e) of the statutes is amended to read:
SB640-SSA1,16,112 5.05 (1) (e) Delegate to its legal counsel the authority to intervene in a civil
3action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling
4place from accessibility requirements under s. 5.25 (4) (a), permit a municipality to
5provide notices required at polling places by alternative means under s. 5.35 (6) (d),

6exempt a municipality from the requirement to use voting machines or an electronic
7voting system under s. 5.40 (5m), approve an electronic data recording system for
8maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
9who is nominated to serve as an election official under s. 7.30 (4) (e), or review and
10investigate complaints received under s. 12.17 (4) and order corrective measures
11under s. 12.17 (5),
subject to such limitations as the board deems appropriate.
SB640-SSA1, s. 2 12Section 2. 5.05 (1) (f) of the statutes is amended to read:
SB640-SSA1,17,213 5.05 (1) (f) Promulgate rules under ch. 227 applicable to all jurisdictions for the
14purpose of interpreting or implementing the laws regulating the conduct of elections
15or election campaigns or ensuring their proper administration, and shall promulgate
16rules to enforce ss. 5.25 (4) (b), 5.34, 5.35 (6) (a) 4c., 12.09, and 12.19 and rules

1concerning the methods and means of providing corrective information to electors
2under s. 12.17 (5)
.
SB640-SSA1, s. 3 3Section 3. 5.05 (13) (title) of the statutes is amended to read:
SB640-SSA1,17,44 5.05 (13) (title) Toll-free election information exchange and requests.
SB640-SSA1, s. 4 5Section 4. 5.05 (13) (c) and (d) of the statutes are created to read:
SB640-SSA1,17,96 5.05 (13) (c) The board shall maintain a freely accessible system under which
7a military elector or an overseas elector, as defined in s. 6.34 (1), who casts an
8absentee ballot may ascertain whether the ballot has been received by the
9appropriate municipal clerk.
SB640-SSA1,17,1110 (d) The board shall designate and maintain at least one freely accessible means
11of electronic communication which shall be used for the following purposes:
SB640-SSA1,17,1412 1. To permit a military elector or an overseas elector, as defined in s. 6.34 (1),
13to request a voter registration application or an application for an absentee ballot at
14any election at which the elector is qualified to vote in this state.
SB640-SSA1,17,1715 2. To permit a military elector or an overseas elector under subd. 1. to designate
16whether the elector wishes to receive the applications under subd. 1. electronically
17or by mail.
SB640-SSA1,17,2118 3. To permit a municipal clerk to transmit to a military elector or an overseas
19elector under subd. 1. a registration application or absentee ballot application
20electronically or by mail, as directed by the elector under subd. 2., together with
21related voting, balloting, and election information.
SB640-SSA1, s. 5 22Section 5. 5.05 (16) of the statutes is created to read:
SB640-SSA1,18,223 5.05 (16) Interagency agreements. The board may enter into an agreement
24with any agency, as defined in s. 16.70 (1e), to enable electronic matching of publicly

1available information in the records of the agency with records of the board to
2facilitate administration of elector registration by the board under s. 6.256 (1).
SB640-SSA1, s. 6 3Section 6. 5.05 (17) of the statutes is created to read:
SB640-SSA1,18,124 5.05 (17) Agreements with certain nonprofit organizations. The board may
5enter into an agreement with any nationally focused nonprofit organization to
6enable matching of information in the records of that organization with with publicly
7available information in the records of the board to facilitate administration of
8elector registration by the board under s. 6.256 (1). Notwithstanding ss. 6.256 (12)
9and 6.36 (1) (b) 1. a., the agreement may also enable matching of information in the
10records of the board that the board obtained from the department of transportation.
11The agreement shall require nondisclosure of any information obtained by the board
12from the department of transportation.
SB640-SSA1, s. 7 13Section 7. 5.056 of the statutes is amended to read:
SB640-SSA1,18,22 145.056 Matching program with secretary of transportation. The
15administrator of the elections division of the board shall enter into the agreement
16with the secretary of transportation specified under s. 85.61 (1) to match personally
17identifiable information on the official registration list maintained by the board
18under s. 6.36 (1), the information specified in s. 6.34 (2m) and (2n), and other
19information specified in s. 6.256 (2)
with personally identifiable information
20maintained by the department of transportation. Subject to s. 343.14 (2p) (b), the
21agreement shall provide for the electronic transfer of information under s. 6.256 (2)
22to the board on a continuous basis, no less often than monthly.
SB640-SSA1, s. 8 23Section 8. 5.06 (2) of the statutes is amended to read:
SB640-SSA1,19,724 5.06 (2) No Except as authorized in ss. 5.07 (2) and 12.17 (3), no person who
25is authorized to file a complaint under sub. (1), other than the attorney general or

1a district attorney, may commence an action or proceeding to test the validity of any
2decision, action or failure to act on the part of any election official with respect to any
3matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior
4to disposition of the complaint by the board. A complaint is deemed disposed of if the
5board fails to transmit an acknowledgment of receipt of the complaint within 5
6business days from the date of its receipt or if the board concludes its investigation
7without a formal decision.
SB640-SSA1, s. 9 8Section 9. 5.07 of the statutes is renumbered 5.07 (1).
SB640-SSA1, s. 10 9Section 10. 5.07 (2) of the statutes is created to read:
SB640-SSA1,19,1610 5.07 (2) Whenever a violation of s. 5.25 (4) (b), 5.34 (1) to (6), 5.35 (6) (a) 4c.,
117.08 (3), 12.09, or 12.19 occurs or is proposed to occur, any elector of this state may
12sue for injunctive relief, a writ of mandamus or prohibition, or such other legal or
13equitable relief as may be appropriate to compel compliance with the law. The action
14shall be filed in circuit court for the county where the violation occurs or is proposed
15to occur. In such actions, the court shall award costs and reasonable actual attorney
16fees to the plaintiff if the plaintiff prevails in the action.
SB640-SSA1, s. 11 17Section 11. 5.25 (4) (b) of the statutes is amended to read:
SB640-SSA1,19,2218 5.25 (4) (b) In any jurisdiction that is subject to the requirement under 42 USC
191973aa-1a
to provide voting materials in any a language other than English, the
20board shall, for each such language, ensure that the notices specified in s. 5.35 (6)
21are given in that language and
the voting system used at each polling place in that
22jurisdiction is in compliance with 42 USC 1973aa-1a.
SB640-SSA1, s. 12 23Section 12. 5.25 (4) (c) of the statutes is created to read:
SB640-SSA1,20,624 5.25 (4) (c) In any jurisdiction that is subject to the requirement under 42 USC
251973aa-1a
to provide voting materials in a language other than English, the

1municipal clerk or board of election commissioners shall, for each such language,
2contact and coordinate with organizations that advocate for the rights of individuals
3who speak that language to ensure that each polling place in the jurisdiction
4adequately serves the needs of those individuals and shall endeavor to ensure that
5at least one of the election officials who serves at each polling place in the jurisdiction
6speaks that language.
SB640-SSA1, s. 13 7Section 13. 5.34 of the statutes is created to read:
SB640-SSA1,20,8 85.34 Voter's bill of rights. Every qualified elector has the right to:
SB640-SSA1,20,9 9(1) Inspect a sample ballot before voting.
SB640-SSA1,20,10 10(2) Cast a ballot if he or she is in line when his or her polling place closes.
SB640-SSA1,20,13 11(3) Ask for and receive assistance in voting, including assistance in a language
12other than English if the elector resides in a jurisdiction where voting materials must
13be provided in that language under 42 USC 1073aa-1a.
SB640-SSA1,20,15 14(4) Receive a replacement ballot, up to 3 ballots in all, if he or she spoils a ballot
15before casting that ballot.
SB640-SSA1,20,16 16(5) Cast a provisional ballot whenever permitted under s. 6.96 or 6.97.
SB640-SSA1,20,18 17(6) Vote free from coercion or intimidation by any election official or other
18person.
SB640-SSA1,20,20 19(7) Cast a ballot using voting materials or equipment that enables the elector's
20ballot to be counted accurately.
SB640-SSA1, s. 14 21Section 14. 5.35 (6) (a) (intro.) of the statutes is amended to read:
SB640-SSA1,20,2522 5.35 (6) (a) (intro.) At Except as authorized under par. (d), at each polling place
23in the state, the municipal clerk or board of election commissioners shall post the
24following materials, positioned so that they may be readily observed by electors
25entering the polling place or waiting in line to vote:
SB640-SSA1, s. 15
1Section 15. 5.35 (6) (a) 4c. of the statutes is created to read:
SB640-SSA1,21,22 5.35 (6) (a) 4c. A copy of the voter's bill of rights under s. 5.34.
SB640-SSA1, s. 16 3Section 16. 5.35 (6) (a) 5. of the statutes is amended to read:
SB640-SSA1,21,54 5.35 (6) (a) 5. Any other voting information directed to be posted by the board
5to be posted, or noticed under par. (d).
SB640-SSA1, s. 17 6Section 17. 5.35 (6) (b) of the statutes is amended to read:
SB640-SSA1,21,187 5.35 (6) (b) At Except as authorized under par. (d), at each polling place in the
8state where a consolidated ballot under s. 5.655 is used or an electronic voting system
9is utilized at a partisan primary election incorporating a ballot upon which electors
10may mark votes for candidates of more than one recognized political party or for
11candidates of a recognized political party and independent candidates, the municipal
12clerk or board of election commissioners shall prominently post a sign in the form
13prescribed by the board warning electors in substance that on any ballot with votes
14cast for candidates of more than one recognized political party or any ballot with
15votes cast for candidates of a recognized political party and independent candidates,
16no votes cast for any candidates for partisan office will be counted unless a preference
17for a party or for the independent candidates is made. If the elector designates a
18preference, only votes cast for candidates of that preference will be counted.
SB640-SSA1, s. 18 19Section 18. 5.35 (6) (c) of the statutes is amended to read:
SB640-SSA1,21,2520 5.35 (6) (c) At Except as authorized in par. (d), at each polling place located in
21a municipality that is served by more than one polling place for an election, the
22municipal clerk or board of election commissioners shall prominently post a map of
23the geographic area served by the polling place for that election. The posting shall
24clearly show the boundaries of the ward or wards served by the polling place for that
25election.
SB640-SSA1, s. 19
1Section 19. 5.35 (6) (d) of the statutes is created to read:
SB640-SSA1,22,82 5.35 (6) (d) As an alternative to any posting requirement under this subsection,
3the board may authorize another means of providing notice to affected electors of the
4information specified in this subsection if the board determines that an alternative
5means of providing the information will provide notice to affected electors of that
6information that is at least as effective as posting. Any authorization under this
7paragraph shall be in writing and shall specify the particular alternative means of
8notification of electors that may be used by a municipality.
SB640-SSA1, s. 20 9Section 20. 5.68 (8) of the statutes is created to read:
SB640-SSA1,22,2210 5.68 (8) Any municipality that incurs postage costs for mailing and return of
11absentee ballots for electors who request under s. 6.86 (2m) that they be sent
12absentee ballots for multiple elections may file a claim with the board for
13reimbursement of those costs. The claim shall be accompanied by appropriate
14substantiation of all postage costs incurred. The board shall audit the claim and, if
15the board finds that the costs have been incurred by the municipality, and the costs
16would not have been incurred but for the requirement under s. 6.86 (2m) for
17municipalities to pay for the mailing and return of absentee ballots for electors who
18request that they be sent absentee ballots for multiple elections, the board shall
19reimburse the municipality for those postal costs. No claim is payable under this
20subsection unless the claim is filed with the board, together with appropriate
21substantiation, within 60 days following the date of the election at which the costs
22were incurred.
SB640-SSA1, s. 21 23Section 21. 5.84 (1) of the statutes is amended to read:
SB640-SSA1,23,1724 5.84 (1) Where any municipality employs an electronic voting system which
25utilizes automatic tabulating equipment, either at the polling place or at a central

1counting location, the municipal clerk shall, on any day not more than 10 days after
2ballots become available
prior to the date of the election day on at which the
3equipment is to be utilized, have the equipment tested to ascertain that it will
4correctly count the votes cast for all offices and on all measures. Public notice of the
5time and place of the test shall be given by the clerk at least 48 hours prior to the test
6by publication of a class 1 notice under ch. 985 in one or more newspapers published
7within the municipality if a newspaper is published therein, otherwise in a
8newspaper of general circulation therein. The test shall be open to the public. The
9test shall be conducted by processing a preaudited group of ballots so marked as to
10record a predetermined number of valid votes for each candidate and on each
11referendum. The test shall include for each office one or more ballots which have
12votes in excess of the number allowed by law and, for a partisan primary election, one
13or more ballots which have votes cast for candidates of more than one recognized
14political party, in order to test the ability of the automatic tabulating equipment to
15reject such votes. If any error is detected, the municipal clerk shall ascertain the
16cause and correct the error. The clerk shall make an errorless count before the
17automatic tabulating equipment is approved by the clerk for use in the election.
SB640-SSA1, s. 22 18Section 22. 6.22 (2) (e) of the statutes is created to read:
SB640-SSA1,23,2419 6.22 (2) (e) A military elector may file an application for an absentee ballot by
20means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86
21(1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector
22an absentee ballot or, if the elector so requests, shall transmit an absentee ballot to
23the elector by means of electronic mail or facsimile transmission in the manner
24prescribed in s. 6.87 (3) (d).
SB640-SSA1, s. 23 25Section 23. 6.22 (4) (a) of the statutes is amended to read:
SB640-SSA1,24,7
16.22 (4) (a) A request for an absentee ballot by an individual who qualifies as
2a military elector shall be treated as a request for an absentee ballot for all elections
3unless the individual otherwise requests
. Upon receiving a timely request for an
4absentee ballot under par. (b) by an individual who qualifies as a military elector, the
5municipal clerk shall send or transmit to the elector an absentee ballot for all
6elections that occur in the municipality or portion thereof where the elector resides
7beginning on the date that the clerk receives the request.
SB640-SSA1, s. 24 8Section 24. 6.22 (4) (e) of the statutes is amended to read:
SB640-SSA1,24,199 6.22 (4) (e) Whenever the material is mailed, the material shall be prepared
10and mailed to make use of the federal free postage laws. If the material does not
11qualify for mailing without postage under federal free postage laws, the municipal
12clerk shall pay the postage required for mailing to the military elector. If the return
13envelope qualifies for mailing free of postage under federal free postage laws, the
14clerk shall affix the appropriate legend required by U.S. postal regulations.
15Otherwise the municipal clerk shall pay the postage required for return when the
16ballot is mailed from within the United States. If the ballot is not mailed by the
17military elector from within the United States the military elector shall provide
18return postage. The mailing list established under this subsection shall be kept
19current in the same manner as provided in s. 6.86 (2) (b).
SB640-SSA1, s. 25 20Section 25. 6.22 (6) of the statutes is amended to read:
SB640-SSA1,25,721 6.22 (6) Military elector list. Each municipal clerk shall keep an up-to-date
22list of all eligible military electors who reside in the municipality ; city clerks shall
23keep the lists by wards
in the format prescribed by the board. The list shall contain
24the name, latest-known military residence and military mailing address of each
25military elector. The list shall indicate whether each elector whose name appears on

1the list is a military elector, as defined in s. 6.36 (2) (c) 6.34 (1), and has so certified
2under s. 6.865 (3m). All persons over 18 years of age or who will be 18 years old prior
3to an election shall be listed and remain on the list for the duration of their tour of
4duty. The list shall be kept current through all possible means. Each clerk shall
5exercise reasonable care to avoid duplication of names or listing anyone who is not
6eligible to vote. Each clerk shall distribute 2 copies of one copy of the list to the
7appropriate ward each polling place in the municipality for use on election day.
SB640-SSA1, s. 26 8Section 26. 6.221 (1) of the statutes is amended to read:
SB640-SSA1,25,109 6.221 (1) In this section, "military elector" has the meaning given in s. 6.36 (2)
10(c)
6.34 (1) and active duty status for any election is determined as of election day.
SB640-SSA1, s. 27 11Section 27. 6.221 (3) (b) of the statutes is amended to read:
SB640-SSA1,25,1712 6.221 (3) (b) At the general election, the presidential preference primary, or a
13special election for national office,
a ballot that is cast under s. 6.22 by an elector who
14is a military elector, that is received by mail from the U.S. postal service, and that
15is postmarked no later than election day shall be counted as provided in this section
16if it is received by a municipal clerk no later than 5 p.m. on the 10th day after the
17election.
SB640-SSA1, s. 28 18Section 28. 6.24 (3) of the statutes is amended to read:
SB640-SSA1,25,2419 6.24 (3) Registration. The overseas elector shall register in the municipality
20where he or she was last domiciled or where the overseas elector's parent was last
21domiciled on a form prescribed by the board designed to ascertain the elector's
22qualifications under this section. The form shall be substantially similar to the
23original form under s. 6.33 (1), insofar as applicable. Registration shall be
24accomplished in accordance with s. 6.30 (4) or (5).
SB640-SSA1, s. 29 25Section 29. 6.24 (4) (c) of the statutes is amended to read:
SB640-SSA1,26,22
16.24 (4) (c) Upon receipt of a timely application from an individual who
2qualifies as an overseas elector and who has registered to vote in a municipality
3under sub. (3), the municipal clerk of the municipality shall send an absentee ballot
4to the individual for all subsequent elections for national office to be held during the
5year in which the ballot is requested and the subsequent calendar year except as
6otherwise provided in this paragraph
, unless the individual otherwise requests or
7until the individual no longer qualifies as an overseas elector. of the municipality.
8The clerk shall not send an absentee ballot for an election if the overseas elector's
9name appeared on the registration list in eligible status for a previous election
10following the date of the application but no longer appears on the list in eligible
11status. The municipal clerk shall ensure that the envelope containing the absentee
12ballot is clearly marked as not forwardable. If an overseas elector who files an
13application under this subsection no longer resides at the same address that is
14indicated on the application form, the elector shall so notify the municipal clerk. The
15municipal clerk shall discontinue mailing absentee ballots to an overseas elector
16under this subsection if the elector fails to return any absentee ballot mailed to the
17elector. The municipal clerk shall notify the elector of any such action not taken at
18the elector's request within 5 days, if possible. An overseas elector who fails to cast
19an absentee ballot but who remains qualified to receive absentee ballots under this
20subsection may then receive absentee ballots for subsequent elections by notifying
21the municipal clerk that the elector wishes to continue receiving absentee ballots for
22subsequent elections.
SB640-SSA1, s. 30 23Section 30. 6.24 (4) (e) of the statutes is created to read:
SB640-SSA1,27,424 6.24 (4) (e) An overseas elector may file an application for an absentee ballot
25by means of electronic mail or facsimile transmission in the manner prescribed in s.

16.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the
2elector an absentee ballot or, if the elector so requests, shall transmit an absentee
3ballot to the elector by means of electronic mail or facsimile transmission in the
4manner prescribed in s. 6.87 (3) (d).
SB640-SSA1, s. 31 5Section 31. 6.25 (1) of the statutes is amended to read:
SB640-SSA1,27,156 6.25 (1) Any individual who qualifies as a military elector under s. 6.22 (1) (b)
7or an overseas elector under s. 6.24 (1) and who transmits an application for an
8official absentee ballot for a general election an election for national office, including
9a primary election,
no later than 30 days before election day the latest time specified
10for the elector in s. 6.86 (1) (b)
may, in lieu of the official ballot, cast a federal write-in
11absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all of the
12candidates of any recognized political party for national office listed on the official
13ballot at the general that election if the federal write-in absentee ballot is received
14by the appropriate municipal clerk no later than the applicable time prescribed in
15s. 6.221 (3) or 6.87 (6).
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