4) One individual appointed by the minority leader of the assembly; and
5) Two former municipal or county clerks, selected by the leadership in both
houses and nominated by the governor with the advice and consent of the senate
confirmed.
In addition, the bill requires the appointment to the Elections Commission of
one member for each political party, other than the two major political parties,

qualifying for a separate ballot whose candidate for governor received at least 10
percent of the vote in the most recent gubernatorial election. The individual must
be nominated by the governor from a list of three individuals selected by the chief
officer of that political party.
The Ethics Commission consists of at least six persons who serve five-year
terms:
1) One individual appointed by the majority leader in the senate;
2) One individual appointed by the minority leader in the senate;
3) One individual appointed by the speaker of the assembly;
4) One individual appointed by the minority leader of the assembly; and
5) Two individuals selected by the leadership in both houses and nominated by
the governor with the advice and consent of the senate confirmed.
In addition, the bill requires the appointment to the Ethics Commission of one
member for each political party, other than the two major political parties, qualifying
for a separate ballot whose candidate for governor received at least 10 percent of the
vote in the most recent gubernatorial election. The individual must be nominated
by the governor from a list of three individuals selected by the chief officer of that
political party and confirmed by a majority of the senate. Members appointed to
either commission with the advice and consent of the senate may serve prior to
senate confirmation.
In the event of a vacancy on the commission of a member appointed by the
legislative leadership, the bill requires the legislative leader of the political party
that made the initial appointment to fill the vacancy.
Currently, the chairperson of the board is selected by lot by the current
chairperson. Under the bill, the chairperson of each commission is chosen by the
affirmative vote of at least two-thirds of the members of the commission at the
commission's first meeting every two years. Under the bill, the chairperson serves
a two-year term. Also under the bill, the party affiliation of the chairperson
alternates every term. The party affiliation of the first chairperson of each board is
to be determined by lot.
Currently, the GAB is required to employ an individual to serve as legal counsel
to perform legal and administrative functions for the board. The bill eliminates the
requirement that either commission hire legal counsel.
Ethics Commission
Under the bill, the Ethics Commission is supervised by an administrator who
is appointed by at least a majority of the members of the commission. The
administrator is appointed with the advice and consent of the senate to serve for a
four-year term expiring on July 1 of the odd-numbered year.
Elections Commission
Under the bill, the Elections Commission is supervised by an administrator
who is appointed by at least a majority of the members of the commission. The
administrator is appointed with the advice and consent of the senate to serve for a
four-year term expiring on July 1 of the odd-numbered year. The bill also provides
that the administrator of the Elections Commission, rather than an employee that
the commission designates, is the chief election officer of this state.

Investigations
Currently, the GAB must investigate violations of laws administered by the
GAB and may prosecute alleged civil violations. Current law permits the board to
refer a matter to a district attorney, special prosecutor, or to the attorney general.
This bill provides that, except for violations that result in a payment not exceeding
$2,500, the Elections and Ethics commissions may only investigate violations of laws
administered by the respective commissions upon the filing of a sworn complaint
with the respective commission. The bill prohibits any member of either commission
or any employee of either commission from filing such a sworn complaint.
If, during the course of an ongoing investigation, either the Elections
Commission or the Ethics Commission determines that it needs additional funding,
that commission must make a request to the Joint Committee on Finance and the
secretary of administration. The commission must include in its request information
about the nature of the investigation for which additional funding is sought,
excluding the name of any individual or organization that is the subject of the
investigation.
Advisory Opinions
Current law permits any individual, organization, or governmental body to
request an advisory opinion from the GAB; in response, the GAB may issue a formal
or an informal advisory opinion. If the board issues an opinion on an elections
matter, the board must make the opinion and records about the opinion public.
Current law prohibits the board from revealing the identify of or releasing
information obtained in connection with any advisory opinion requested by an
individual or organization on an ethics or accountability matter unless the
individual or organization consents to the release of that information. This bill
requires the Ethics Commission to make this information, other than the name of the
individual, organization, or governmental body making the request, public when it
relates to a formal advisory opinion issued by the Ethics Commission.
Current law requires the GAB to biennially submit to the legislature a report
on the performance and operation of the GAB during the preceding biennium. This
bill requires the Elections and Ethics commissions to submit annual reports to the
legislature and to include in those reports information about the number of
investigations conducted, a description of the nature of the investigation, and, in the
case of the Ethics Commission, whether the investigation related to campaign
finance, ethics, or lobbying.
Transitional Provisions
Under the bill, all full-time equivalent positions currently authorized for GAB
are transferred to the Elections and Ethics commissions. All incumbents in those
positions except the director and general counsel of GAB are also transferred. In
addition, the bill transfers the assets and liabilities, tangible personal property,
contracts, rules, orders, formal opinions, and pending matters of GAB to the
Elections and Ethics commissions. The bill directs the secretary of administration
to determine which positions, employees, assets and liabilities, property, contracts,
rules, orders, opinions, and matters are transferred to which commission and to
adopt an implementation plan for the transfer containing his or her determinations.

The bill transfers the amounts in the GAB appropriations for fiscal year 2016-17 to
the supplemental appropriations of the Joint Committee on Finance to be distributed
to the two commissions upon the adoption of an implementation plan by the
secretary of administration.
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:
AB388-engrossed,1 1Section 1. 5.01 (4) (a) of the statutes is amended to read:
AB388-engrossed,6,82 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but
3an equal number of votes, the winner shall be chosen by lot in the presence of the
4board of canvassers charged with the responsibility to determine the election, or in
5the case of an election for state or national office or metropolitan sewerage
6commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the
7presence of the chairperson of the board elections commission or the chairperson's
8designee.
AB388-engrossed,2 9Section 2. 5.02 (1s) of the statutes is renumbered 5.025 and amended to read:
AB388-engrossed,6,11 105.025 Elections commission; definition. "Board In chs. 5 to 10 and 12,
11"commission
" means the government accountability board elections commission.
AB388-engrossed,3 12Section 3. 5.05 (title) of the statutes is amended to read:
AB388-engrossed,6,14 135.05 (title) Government accountability board Elections commission;
14powers and duties.
AB388-engrossed,4 15Section 4. 5.05 (1) (intro.) of the statutes is amended to read:
AB388-engrossed,7,216 5.05 (1) General authority. (intro.) The government accountability board
17elections commission shall have the responsibility for the administration of chs. 5 to
1812, 10 and 12 and other laws relating to elections and election campaigns, subch. III

1of ch. 13, and subch. III of ch. 19
, other than laws relating to campaign financing.
2Pursuant to such responsibility, the board commission may:
AB388-engrossed,5 3Section 5. 5.05 (1) (b) of the statutes is amended to read:
AB388-engrossed,7,154 5.05 (1) (b) In the discharge of its duties and after providing notice to any party
5who is the subject of an investigation, subpoena and bring before it any person and
6require the production of any papers, books, or other records relevant to an
7investigation. Notwithstanding s. 885.01 (4), the issuance of a subpoena requires
8action by the board commission at a meeting of the board commission. A circuit court
9may by order permit the inspection and copying of the accounts and the depositor's
10and loan records at any financial institution, as defined in s. 705.01 (3), doing
11business in the state to obtain evidence of any violation of ch. 11 upon showing by the
12board of probable cause to believe there is a violation and that such accounts and
13records may have a substantial relation to the violation.
In the discharge of its
14duties, the board commission may cause the deposition of witnesses to be taken in
15the manner prescribed for taking depositions in civil actions in circuit court.
AB388-engrossed,6 16Section 6. 5.05 (1) (c) of the statutes is amended to read:
AB388-engrossed,8,1917 5.05 (1) (c) Bring civil actions to require a forfeiture for any violation of chs. 5
18to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 or a license revocation for any
19violation of subch. III of ch. 13 for which the offender is subject to a revocation
. The
20board commission may compromise and settle any civil action or potential action
21brought or authorized to be brought by it which, in the opinion of the board
22commission, constitutes a minor violation, a violation caused by excusable neglect,
23or which for other good cause shown, should not in the public interest be prosecuted
24under such chapter. Notwithstanding s. 778.06, a civil action or proposed civil action
25authorized under this paragraph may be settled for such sum as may be agreed

1between the parties. Any settlement made by the board commission shall be in such
2amount as to deprive the alleged violator of any benefit of his or her wrongdoing and
3may contain a penal component to serve as a deterrent to future violations. In
4settling civil actions or proposed civil actions, the board commission shall treat
5comparable situations in a comparable manner and shall assure that any settlement
6bears a reasonable relationship to the severity of the offense or alleged offense.
7Except as otherwise provided in sub. (2m) (c) 15. and 16. and ss. 5.08, and 5.081, and
819.59 (8),
forfeiture and license revocation actions brought by the board commission
9shall be brought in the circuit court for the county where the defendant resides, or
10if the defendant is a nonresident of this state, in circuit court for the county wherein
11the violation is alleged to occur. For purposes of this paragraph, a person other than
12a natural person an individual resides within a county if the person's principal place
13of operation is located within that county. Whenever the board commission enters
14into a settlement agreement with an individual who is accused of a civil violation of
15chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 or who is investigated by
16the board commission for a possible civil violation of one of those provisions, the
17board commission shall reduce the agreement to writing, together with a statement
18of the board's commission's findings and reasons for entering into the agreement and
19shall retain the agreement and statement in its office for inspection.
AB388-engrossed,7 20Section 7. 5.05 (1) (d) of the statutes is amended to read:
AB388-engrossed,9,221 5.05 (1) (d) Sue for injunctive relief, a writ of mandamus or prohibition, or other
22such legal or equitable relief as may be appropriate to enforce any law regulating the
23conduct of elections or election campaigns, other than laws regulating campaign
24financing,
or ensure its proper administration. No bond is required in such actions.

1Actions shall be brought in circuit court for the county where a violation occurs or
2may occur.
AB388-engrossed,8 3Section 8. 5.05 (1) (e) of the statutes is amended to read:
AB388-engrossed,9,114 5.05 (1) (e) Delegate to its legal counsel the authority to intervene in a civil
5action or proceeding under sub. (9), issue
Issue an order under s. 5.06, exempt a
6polling place from accessibility requirements under s. 5.25 (4) (a), exempt a
7municipality from the requirement to use voting machines or an electronic voting
8system under s. 5.40 (5m), approve an electronic data recording system for
9maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
10who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such
11limitations as the board deems appropriate
.
AB388-engrossed,9 12Section 9. 5.05 (1) (f) of the statutes is amended to read:
AB388-engrossed,9,1613 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, other than laws regulating campaign financing, or ensuring
16their proper administration.
AB388-engrossed,10 17Section 10. 5.05 (1e) of the statutes is amended to read:
AB388-engrossed,9,2018 5.05 (1e) Any action by the board commission, except an action relating to
19procedure of the commission,
requires the affirmative vote of at least 4 two-thirds
20of the
members.
AB388-engrossed,11 21Section 11. 5.05 (1m) of the statutes is repealed.
AB388-engrossed,12 22Section 12. 5.05 (2) of the statutes is renumbered 19.49 (2g) and amended to
23read:
AB388-engrossed,9,2524 19.49 (2g) Auditing. In addition to the facial examination of reports and
25statements required under s. 11.21 (13), the board commission shall conduct an audit

1of reports and statements which are required to be filed with it to determine whether
2violations of ch. 11 have occurred. The board commission may examine records
3relating to matters required to be treated in such reports and statements. The board
4commission shall make official note in the file of a candidate, committee, group or
5individual under ch. 11 of any error or other discrepancy which the board commission
6discovers and shall inform the person submitting the report or statement.
AB388-engrossed,13 7Section 13. 5.05 (2m) (a) of the statutes is amended to read:
AB388-engrossed,10,198 5.05 (2m) (a) The board commission shall investigate violations of laws
9administered by the board commission and may prosecute alleged civil violations of
10those laws, directly or through its agents under this subsection, pursuant to all
11statutes granting or assigning that authority or responsibility to the board
12commission. Prosecution of alleged criminal violations investigated by the board
13commission may be brought only as provided in par. (c) 11., 14., 15., and 16. and s.
14978.05 (1). For purposes of this subsection, the commission may only initiate an
15investigation of an alleged violation of chs. 5 to 10 and 12, other than an offense
16described under par. (c) 12., based on a sworn complaint filed with the commission,
17as provided under par. (c). Neither the commission nor any member or employee of
18the commission, including the commission administrator, may file a sworn complaint
19for purposes of this subsection.
AB388-engrossed,14 20Section 14. 5.05 (2m) (c) 2. a. of the statutes is amended to read:
AB388-engrossed,11,621 5.05 (2m) (c) 2. a. Any person may file a complaint with the board commission
22alleging a violation of chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19.
23No later than 5 days after receiving a complaint, the commission shall notify each
24person who or which the complaint alleges committed such a violation. Before voting
25on whether to take any action regarding the complaint, other than to dismiss, the

1commission shall give each person receiving a notice under this subd. 2. a. an
2opportunity to demonstrate to the commission, in writing and within 15 days after
3receiving the notice, that the commission should take no action against the person
4on the basis of the complaint. The commission may not conduct any investigation
5or take any other action under this subsection solely on the basis of a complaint by
6an unidentified complainant.
AB388-engrossed,11,10 7am. If the board commission finds, by a preponderance of the evidence, that a
8complaint is frivolous, the board commission may order the complainant to forfeit not
9more than the greater of $500 or the expenses incurred by the division commission
10in investigating the complaint.
AB388-engrossed,15 11Section 15. 5.05 (2m) (c) 2. b. of the statutes is renumbered 19.49 (1m).
AB388-engrossed,16 12Section 16. 5.05 (2m) (c) 3. of the statutes is repealed.
AB388-engrossed,17 13Section 17. 5.05 (2m) (c) 4. of the statutes is amended to read:
AB388-engrossed,12,1414 5.05 (2m) (c) 4. If the board commission reviews a complaint and fails to find
15that there is a reasonable suspicion that a violation under subd. 2. has occurred or
16is occurring, the board commission shall dismiss the complaint. If the board
17commission believes that there is reasonable suspicion that a violation under subd.
182. has occurred or is occurring, the board commission may by resolution authorize
19the commencement of an investigation. The resolution shall specifically set forth any
20matter that is authorized to be investigated. To assist in the investigation, the board
21commission may elect to retain a special investigator. If the board commission elects
22to retain a special investigator, the administrator of the ethics and accountability
23division
commission shall submit to the board commission the names of 3 qualified
24individuals to serve as a special investigator. The board commission may retain one
25or more of the individuals. If the board commission retains a special investigator to

1investigate a complaint against a person who is a resident of this state, the board
2commission shall provide to the district attorney for the county in which the person
3resides a copy of the complaint and shall notify the district attorney that it has
4retained a special investigator to investigate the complaint. For purposes of this
5subdivision, a person other than a natural person an individual resides within a
6county if the person's principal place of operation is located within that county. The
7board commission shall enter into a written contract with any individual who is
8retained as a special investigator setting forth the terms of the engagement. A
9special investigator who is retained by the board commission may request the board
10commission to issue a subpoena to a specific person or to authorize the special
11investigator to request a the circuit court of the county in which the specific person
12resides
to issue a search warrant. The board commission may grant the request by
13approving a motion to that effect at a meeting of the board commission if the board
14commission finds that such action is legally appropriate.
AB388-engrossed,18 15Section 18. 5.05 (2m) (c) 5. (intro.) of the statutes is amended to read:
AB388-engrossed,13,1216 5.05 (2m) (c) 5. (intro.) Each special investigator who is retained by the board
17commission shall make periodic reports to the board commission, as directed by the
18board commission, but in no case may the interval for reporting exceed 30 days. If
19the board commission authorizes the commission administrator of the ethics and
20accountability division
to investigate any matter without retaining a special
21investigator, the administrator shall make periodic reports to the board commission,
22as directed by the board commission, but in no case may the reporting interval exceed
2330 days. During the pendency of any investigation, the board commission shall meet
24for the purpose of reviewing the progress of the investigation at least once every 90
25days. The special investigator or the administrator shall report in person to the

1board commission at that meeting concerning the progress of the investigation. If,
2after receiving a report, the board commission does not vote to continue an
3investigation for an additional period not exceeding 90 days, the investigation is
4terminated at the end of the reporting interval. The board commission shall not
5expend more than $10,000 $25,000 to finance the cost of an investigation before
6receiving a report on the progress of the investigation and a recommendation to
7commit additional resources. The board commission may vote to terminate an
8investigation at any time. If an investigation is terminated, any complaint from
9which the investigation arose is deemed to be dismissed by the board commission.
10Unless an investigation is terminated by the board commission, at the conclusion of
11each investigation, the administrator shall present to the board commission one of
12the following:
AB388-engrossed,19 13Section 19. 5.05 (2m) (c) 6. a. of the statutes is amended to read:
AB388-engrossed,13,2514 5.05 (2m) (c) 6. a. If the board commission finds that there is probable cause
15to believe that a violation under subd. 2. has occurred or is occurring, the board
16commission may authorize the commission administrator of the ethics and
17accountability division
to file a civil complaint against the alleged violator. In such
18case, the administrator may request the assistance of special counsel to prosecute
19any action brought by the board commission. If the administrator requests the
20assistance of special counsel with respect to any matter, the administrator shall
21submit to the board commission the names of 3 qualified individuals to serve as
22special counsel. The board commission may retain one of the individuals to act as
23special counsel. The staff of the board commission shall provide assistance to the
24special counsel as may be required by the counsel to carry out his or her
25responsibilities.
AB388-engrossed,20
1Section 20. 5.05 (2m) (c) 6. b. of the statutes is amended to read:
AB388-engrossed,14,82 5.05 (2m) (c) 6. b. The board commission shall enter into a written contract with
3any individual who is retained as special counsel setting forth the terms of the
4engagement. The contract shall set forth the compensation to be paid such counsel
5by the state. The contract shall be executed on behalf of the state by the board's legal
6counsel, who
commission and the commission shall file the contract in the office of
7the secretary of state. The compensation shall be charged to the appropriation under
8s. 20.505 (1) (d) 20.510 (1) (br).
AB388-engrossed,21 9Section 21. 5.05 (2m) (c) 8. of the statutes is repealed.
AB388-engrossed,22 10Section 22. 5.05 (2m) (c) 12. of the statutes is amended to read:
AB388-engrossed,14,1711 5.05 (2m) (c) 12. The board may commission shall, by rule, prescribe categories
12of civil offenses which the board commission will agree to compromise and settle
13without a formal investigation upon payment of specified amounts by the alleged
14offender. The board commission may authorize the commission administrator of the
15ethics and accountability division
to compromise and settle such alleged offenses in
16the name of the board commission if the alleged offenses by an offender, in the
17aggregate, do not involve payment of more than $1,000 $2,500.
AB388-engrossed,23 18Section 23. 5.05 (2m) (c) 13. of the statutes is amended to read:
AB388-engrossed,15,319 5.05 (2m) (c) 13. If a special investigator or the commission administrator of
20the ethics and accountability division
, in the course of an investigation authorized
21by the board commission, discovers evidence that a violation under subd. 2. that was
22not within the scope of the authorized investigation has occurred or is occurring, the
23special investigator or the administrator may present that evidence to the board
24commission. If the board commission finds that there is a reasonable suspicion that
25a violation under subd. 2. that is not within the scope of the authorized investigation

1has occurred or is occurring, the board commission may authorize the special
2investigator or the administrator to investigate the alleged violation or may elect to
3authorize a separate investigation of the alleged violation as provided in subd. 4.
AB388-engrossed,24 4Section 24. 5.05 (2m) (c) 14. of the statutes is amended to read:
AB388-engrossed,15,145 5.05 (2m) (c) 14. If a special investigator or the commission administrator of
6the ethics and
accountability division of the board, in the course of an investigation
7authorized by the board commission, discovers evidence of a potential violation of a
8law that is not administered by the board commission arising from or in relation to
9the official functions of the subject of the investigation or any matter that involves
10elections, ethics, or lobbying regulation, the special investigator or the administrator
11may present that evidence to the board commission. The board commission may
12thereupon refer the matter to the appropriate district attorney specified in subd. 11.
13or may refer the matter to the attorney general. The attorney general may then
14commence a civil or criminal prosecution relating to the matter.
AB388-engrossed,25 15Section 25. 5.05 (2m) (d) 1. of the statutes is amended to read:
AB388-engrossed,15,1916 5.05 (2m) (d) 1. No individual who serves as the legal counsel to the board or
17as a division
commission administrator for the board may have been a lobbyist, as
18defined in s. 13.62 (11). No such individual may have served in a partisan state or
19local office.
AB388-engrossed,26 20Section 26. 5.05 (2m) (g) of the statutes is repealed.
AB388-engrossed,27 21Section 27. 5.05 (2m) (h) of the statutes is amended to read:
AB388-engrossed,16,322 5.05 (2m) (h) If the defendant in an action for a civil violation of chs. 5 to 10 or
2312, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit judge
24or a candidate for either such office, the action shall be brought by the board
25commission. If the defendant in an action for a civil violation of chs. 5 to 10 or 12,

1subch. III of ch. 13, or subch. III of ch. 19
is the attorney general or a candidate for
2that office, the board commission may appoint special counsel to bring suit on behalf
3of the state.
AB388-engrossed,28 4Section 28. 5.05 (2m) (i) of the statutes is amended to read:
AB388-engrossed,16,115 5.05 (2m) (i) If the defendant in an action for a criminal violation of chs. 5 to
610 or 12, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit
7judge or a candidate for either such office, the action shall be brought by the attorney
8general. If the defendant in an action for a criminal violation of chs. 5 to 10 or 12,
9subch. III of ch. 13, or subch. III of ch. 19
is the attorney general or a candidate for
10that office, the board commission may appoint a special prosecutor to conduct the
11prosecution on behalf of the state.
AB388-engrossed,29 12Section 29. 5.05 (2m) (k) of the statutes is created to read:
AB388-engrossed,16,1513 5.05 (2m) (k) The commission's power to initiate civil actions under this
14subsection for the enforcement of chs. 5 to 10 or 12 shall be the exclusive remedy for
15alleged civil violations of chs. 5 to 10 or 12.
AB388-engrossed,30 16Section 30. 5.05 (2q) of the statutes is created to read:
AB388-engrossed,17,1217 5.05 (2q) Supplemental funding for ongoing investigations. The commission
18may request supplemental funds to be credited to the appropriation account under
19s. 20.510 (1) (be) for the purpose of continuing an ongoing investigation initiated
20under sub. (2m). A request under this subsection shall be filed with the secretary of
21administration and the cochairpersons of the joint committee on finance in writing
22and shall contain a statement of the action requested, the purposes therefor, the
23statutory provision authorizing or directing the performance of the action, and
24information about the nature of the investigation for which the commission seeks
25supplemental funds, excluding the name of any individual or organization that is the

1subject of the investigation. If the cochairpersons of the joint committee on finance
2do not notify the secretary of administration that the committee has scheduled a
3meeting for the purpose of reviewing the request within 14 working days after the
4commission filed the request, the secretary shall supplement the appropriation
5under s. 20.510 (1) (be) from the appropriation under s. 20.505 (1) (d) in an amount
6not to exceed the amount the commission requested. If, within 14 working days after
7the commission filed the request, the cochairpersons of the joint committee on
8finance notify the secretary that the committee has scheduled a meeting for the
9purpose of reviewing the commission's request under this subsection, the secretary
10may supplement the appropriation under s. 20.510 (1) (be) only with the committee's
11approval. The committee and the secretary shall notify the commission of all their
12actions taken under this subsection.
AB388-engrossed,31 13Section 31. 5.05 (2s) of the statutes is repealed.
AB388-engrossed,32 14Section 32. 5.05 (2w) of the statutes is amended to read:
AB388-engrossed,17,1615 5.05 (2w) Elections Division commission. The elections division commission
16has the responsibility for the administration of chs. 5 to 10 and 12.
AB388-engrossed,33 17Section 33. 5.05 (3d) of the statutes is created to read:
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