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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||
5 | Sections 3-5, 19-1,
19-2, and 19-5 as follows:
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6 | (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
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7 | Sec. 3-5. No person who has been legally convicted, in this
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8 | or another State or in any federal court, of any crime, and
is | |||||||||||||||||||||||||
9 | serving a sentence of confinement in any penal institution,
or | |||||||||||||||||||||||||
10 | who has been convicted under any section of this Act and is
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11 | serving a sentence of confinement in any penal institution,
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12 | shall vote, offer to vote, attempt to vote or be permitted
to | |||||||||||||||||||||||||
13 | vote at any election until his release from confinement.
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14 | Confinement for purposes of this Section shall include any
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15 | person convicted and imprisoned but granted a furlough as
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16 | provided by Section 3-11-1 of the "Unified Code of | |||||||||||||||||||||||||
17 | Corrections",
or admitted to a work release program as provided | |||||||||||||||||||||||||
18 | by Section
3-13-2 of the "Unified Code of Corrections". | |||||||||||||||||||||||||
19 | Confinement shall
not include any person convicted and | |||||||||||||||||||||||||
20 | imprisoned but released on parole.
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21 | Confinement or detention in a jail or prison pending | |||||||||||||||||||||||||
22 | acquittal or
conviction of a crime is not a disqualification | |||||||||||||||||||||||||
23 | for voting.
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24 | (Source: P.A. 80-699.)
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25 | (10 ILCS 5/19-1) (from Ch. 46, par. 19-1)
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26 | Sec. 19-1. Any qualified elector of the State of Illinois | |||||||||||||||||||||||||
27 | having
duly registered where such registration is required who | |||||||||||||||||||||||||
28 | expects to be
absent from the county in which he is a qualified | |||||||||||||||||||||||||
29 | elector or who because
of being appointed a judge of election | |||||||||||||||||||||||||
30 | in a precinct other than the
precinct in which he resides or | |||||||||||||||||||||||||
31 | who because of physical incapacity or
the tenets of his |
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1 | religion in the observance of a religious holiday or
who | ||||||
2 | because of election duties for the office of an Election | ||||||
3 | Authority
or the State Board of Elections or who because of | ||||||
4 | election duties for a
law enforcement agency, including but not | ||||||
5 | limited to the offices of the
Attorney General, a State's | ||||||
6 | Attorney, a United States Attorney, or a
State, county, or | ||||||
7 | municipal police department, or who, because he is
temporarily | ||||||
8 | abiding outside the precinct in which he is registered to vote
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9 | due to the fact he is a student attending an institution of | ||||||
10 | higher
education or who is serving as a sequestered juror on a | ||||||
11 | State or federal jury,
or who because of his or her confinement | ||||||
12 | or
detention in a jail or prison pending acquittal or | ||||||
13 | conviction of a crime,
will be unable to be present at
the | ||||||
14 | polls on the day of holding any special, general or
primary | ||||||
15 | election at which any presidential preference is indicated or
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16 | any candidates are chosen or elected, for any congressional, | ||||||
17 | State,
district, county, town, city, village, precinct or | ||||||
18 | judicial offices or
at which questions of public policy are | ||||||
19 | submitted, may vote at such
election as hereinafter in this | ||||||
20 | Article provided.
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21 | Each Election Authority, law enforcement agency, and the | ||||||
22 | State Board
of Elections shall compile and keep current a list | ||||||
23 | of his or its
officers or employees who are eligible to vote | ||||||
24 | under this Article by
reason of election duties.
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25 | For purposes of this Article 19, a physically incapacitated | ||||||
26 | voter marks
his or her ballot "personally" when the voter | ||||||
27 | exercises his or her physical
abilities to their reasonable | ||||||
28 | limit in marking the ballot, and marking
personally may include | ||||||
29 | instructing the person assisting the incapacitated
voter when | ||||||
30 | giving such instruction represents the reasonable limit of the
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31 | physical abilities.
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32 | (Source: P.A. 86-873; 86-875; 86-1028.)
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33 | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
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34 | Sec. 19-2. Any elector as defined in Section 19-1 expecting | ||||||
35 | to be
absent from the county of his residence or any such |
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1 | elector who because
of being appointed a judge of election in a | ||||||
2 | precinct other than the
precinct in which he resides or who | ||||||
3 | because of physical incapacity or
the tenets of his religion in | ||||||
4 | the observance of a religious holiday or
who because of | ||||||
5 | election duties for the office of an Election Authority,
the | ||||||
6 | State Board of Elections, or a law enforcement
agency , or who | ||||||
7 | because of his or her confinement or
detention in a jail or | ||||||
8 | prison pending acquittal or conviction of a crime,
will be | ||||||
9 | unable to be present at the polls on the day of such
election | ||||||
10 | may by mail, not more than 40 nor less than 5 days prior to the
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11 | date of such election, or by personal delivery not more than 40 | ||||||
12 | nor less
than one day prior to the date of such election, make | ||||||
13 | application to the
county clerk or to the Board of Election | ||||||
14 | Commissioners for an official
ballot for the voter's precinct | ||||||
15 | to be voted at such election.
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16 | (Source: P.A. 84-808.)
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17 | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
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18 | Sec. 19-5. It shall be the duty of the election authority | ||||||
19 | to fold the
ballot or ballots in the manner specified by the | ||||||
20 | statute for folding
ballots prior to their deposit in the | ||||||
21 | ballot box, and to enclose such
ballot or ballots in an | ||||||
22 | envelope unsealed to be furnished by him, which
envelope shall | ||||||
23 | bear upon the face thereof the name, official title and
post | ||||||
24 | office address of the election authority, and upon the other | ||||||
25 | side
if the ballot is to go to an elector who is to be out of | ||||||
26 | the county on
the day of the election a printed certification | ||||||
27 | in substantially the
following form:
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28 | I state that I am a resident of the .... precinct of the | ||||||
29 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
30 | the city of
.... residing at .... in such city or town in the | ||||||
31 | county of .... and
State of Illinois, that I have lived at such | ||||||
32 | address for .... months
last past; that I am lawfully entitled | ||||||
33 | to vote in such precinct at the
.... election to be held on | ||||||
34 | ....; and I expect to be absent from the
county of my residence | ||||||
35 | on the date of such election.
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1 | *fill in either (1), (2) or (3).
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2 | I further state that I personally marked the enclosed | ||||||
3 | ballot in secret.
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4 | Under penalties of perjury as provided by law pursuant to | ||||||
5 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
6 | that the statements set
forth in this certification are true | ||||||
7 | and correct.
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8 | .......................
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9 | If the ballot is to go to an elector who is physically | ||||||
10 | incapacitated
the envelope shall bear upon the back thereof a | ||||||
11 | certification in
substantially the following form:
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12 | I state that I am a resident of the .... precinct of the | ||||||
13 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
14 | the city of
.... residing at .... in such city or town in the | ||||||
15 | county of .... and
State of Illinois, that I have lived at such | ||||||
16 | address for .... months
last past; that I am lawfully entitled | ||||||
17 | to vote in such precinct at the
.... election to be held on | ||||||
18 | ....; that I shall be physically incapable
of being present at | ||||||
19 | the polls of such precinct on the date of holding
such | ||||||
20 | election.
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21 | *fill in either (1), (2) or (3).
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22 | I further state that I personally marked the enclosed | ||||||
23 | ballot in secret.
If I received assistance in casting my | ||||||
24 | ballot, I further attest that, due
to physical incapacity, I | ||||||
25 | marked the enclosed
ballot in secret with the assistance of
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26 | .................................
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27 | (Individual rendering assistance)
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28 | .................................
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29 | (Residence Address)
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30 | Under penalties of perjury as provided by law pursuant to | ||||||
31 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
32 | that the statements set forth
in this certification are true | ||||||
33 | and correct.
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34 | .......................
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35 | In the case of a voter who is voting absentee by reason of | ||||||
36 | physical
incapacity, marking a ballot in secret includes |
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1 | marking a ballot with the
assistance of another individual, | ||||||
2 | other than a candidate
whose name appears on the ballot (unless | ||||||
3 | the voter is the spouse or a
parent, child, brother, or sister | ||||||
4 | of the candidate),
the voter's employer, an
agent of that | ||||||
5 | employer or an officer or agent of the voter's union, when
the | ||||||
6 | voter's physical incapacity necessitates such assistance.
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7 | If the ballot is to go to an elector who is unable to be | ||||||
8 | present at
the polls on the date of the election because of the | ||||||
9 | observance of a
religious holiday, the envelope shall bear upon | ||||||
10 | the back thereof a
certification in substantially the following | ||||||
11 | form:
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12 | I state that I am a resident of the .... precinct of the | ||||||
13 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
14 | the city of
.... residing at .... in said city or town in the | ||||||
15 | county of .... and
State of Illinois, that I have lived at such | ||||||
16 | address for .... months
last past; that I am lawfully entitled | ||||||
17 | to vote in such precinct at the
.... election to be held on | ||||||
18 | ....; that I shall be unable to be present
at the polls of such | ||||||
19 | precinct on the date of holding such election
because of the | ||||||
20 | tenets of my religion in the observance of a religious
holiday.
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21 | *fill in either (1), (2) or (3).
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22 | I further state that I personally marked the enclosed | ||||||
23 | ballot in secret.
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24 | Under penalties of perjury as provided by law pursuant to | ||||||
25 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
26 | that the statements set
forth in this certification are true | ||||||
27 | and correct.
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28 | ......................
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29 | If the ballot is to go to an elector who is unable to be | ||||||
30 | present at the
polls on the date of the election because he or | ||||||
31 | she is confined or detained in
jail or prison pending acquittal | ||||||
32 | or conviction of a crime, the envelope shall
bear upon the back | ||||||
33 | thereof a certification in substantially the following form:
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34 | I state that I am a resident of the .... precinct of the | ||||||
35 | (1) *township of
.... (2) *City of.... or (3) *.... ward in the | ||||||
36 | city of .... residing at .... in
that city or town in the |
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1 | county of .... and State of Illinois, that I have
lived at such | ||||||
2 | address for .... months last past; that I am lawfully entitled | ||||||
3 | to
vote in such precinct at the .... election to be held on | ||||||
4 | ....; that I shall be
unable to be present at the polls of such | ||||||
5 | precinct on the date of holding such
election because of my | ||||||
6 | confinement or detention in jail or prison pending
acquittal or | ||||||
7 | conviction of a crime.
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8 | *fill in either (1), (2) or (3).
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9 | I further state that I personally marked the enclosed | ||||||
10 | ballot in secret.
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11 | Under penalties of perjury as provided by law pursuant to | ||||||
12 | Section 29-10 of
The Election Code, the undersigned certified | ||||||
13 | that the statements set forth in
this certification are true | ||||||
14 | and correct.
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15 | ......................
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16 | If the ballot is to go to an elector who is temporarily | ||||||
17 | abiding outside
the precinct in which he is registered to vote | ||||||
18 | due to the fact he is a
student attending an institution of | ||||||
19 | higher education the envelope shall
bear upon the back thereof | ||||||
20 | a certification in substantially the following form:
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21 | I state that I am a resident of the .... precinct of the | ||||||
22 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
23 | the city of
.... residing at .... in such city or town in the | ||||||
24 | county of .... and
State of Illinois, that I have lived at such | ||||||
25 | address for .... months
last past; that I am lawfully entitled | ||||||
26 | to vote in such precinct at the
.... election to be held on | ||||||
27 | ....; and I expect to be absent from the
precinct of my | ||||||
28 | residence on the date of such election because I am
temporarily | ||||||
29 | abiding outside such precinct in the (1) *township of .... (2)
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30 | *city of .... in the county of .... and State of .... due to the | ||||||
31 | fact I am
a student attending an institution of higher | ||||||
32 | education.
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33 | *fill in either (1), (2) or (3).
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34 | I further state that I personally marked the enclosed | ||||||
35 | ballot in secret.
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36 | Under penalties of perjury as provided by law pursuant to |
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1 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
2 | that the statements set
forth in this certification are true | ||||||
3 | and correct.
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4 | .......................
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5 | If the election authority adopts the standard absentee | ||||||
6 | ballot application
blank provided in Section 19-3, the printed | ||||||
7 | certification on the absentee
ballot envelope shall be in | ||||||
8 | substantially the following form:
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9 | I state that I am a resident of the ...... precinct of the | ||||||
10 | (1) *township
of..... (2) *City of ..... or (3) *....... ward | ||||||
11 | in the city of .......
residing at ..... in said city or town | ||||||
12 | in the county of ...... and State
of Illinois, that I have | ||||||
13 | lived at such address for .... months last past;
that I shall | ||||||
14 | be unable to be present at the polls of such precinct on the
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15 | date of holding such election for the reason indicated on the | ||||||
16 | application
for ballot enclosed herein.
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17 | *fill in either (1), (2) or (3).
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18 | I further state that I personally marked the enclosed | ||||||
19 | ballot in secret.
If I received assistance in casting my | ||||||
20 | ballot, I further attest that, due
to physical incapacity, I | ||||||
21 | marked the enclosed
ballot in secret with the assistance of
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22 | .................................
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23 | (Individual rendering assistance)
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24 | .................................
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25 | (Residence Address)
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26 | Under penalties of perjury provided by law pursuant to | ||||||
27 | Section 29-10 of the
Election
Code, the undersigned certifies | ||||||
28 | that the statements set forth in this
certification are true | ||||||
29 | and correct.
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30 | .......................
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31 | In the case of a voter who is voting absentee by reason of | ||||||
32 | physical
incapacity, marking a ballot in secret includes | ||||||
33 | marking a ballot with the
assistance of another individual, | ||||||
34 | other than a candidate
whose name appears on the ballot (unless | ||||||
35 | the voter is the spouse or a
parent, child, brother, or sister | ||||||
36 | of the candidate), the voter's
employer, an
agent of that |
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1 | employer, or an officer or agent of the voter's union, when
the | ||||||
2 | voter's physical incapacity necessitates such assistance.
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3 | Provided, that if the ballot enclosed is to be voted at a | ||||||
4 | primary
election, the certification shall designate the name of | ||||||
5 | the political
party with which the voter is affiliated.
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6 | In addition to the above, the election authority shall | ||||||
7 | provide
printed slips giving full instructions regarding the | ||||||
8 | manner of marking
and returning the ballot in order that the | ||||||
9 | same may be counted, and
shall furnish one of such printed | ||||||
10 | slips to each of such applicants at
the same time the ballot is | ||||||
11 | delivered to him.
Such instructions shall include the following | ||||||
12 | statement: "In signing the
certification on the absentee ballot | ||||||
13 | envelope, you are attesting that you
personally marked this | ||||||
14 | absentee ballot in secret. If you are physically
unable to mark | ||||||
15 | the ballot, a friend or relative may assist you after
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16 | completing the enclosed affidavit. Federal and State laws | ||||||
17 | prohibit a
candidate whose name appears on the ballot (unless | ||||||
18 | you
are the spouse or a parent, child, brother, or sister of | ||||||
19 | the candidate), your
employer, your employer's agent or an | ||||||
20 | officer or agent of your union
from assisting physically | ||||||
21 | disabled voters."
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22 | In addition to the above, if a ballot to be provided to an | ||||||
23 | elector
pursuant to this Section contains a public question | ||||||
24 | described in subsection
(b) of Section 28-6 and the territory | ||||||
25 | concerning which the question is
to be submitted is not | ||||||
26 | described on the ballot due to the space limitations
of such | ||||||
27 | ballot, the election authority shall provide a printed copy of
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28 | a notice of the public question, which shall include a | ||||||
29 | description of the
territory in the manner required by Section | ||||||
30 | 16-7. The notice shall be
furnished to the elector at the same | ||||||
31 | time the ballot is delivered to the
elector.
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32 | (Source: P.A. 89-653, eff. 8-14-96.)
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