can an elected official endorse a candidate

September 1, 2011. This category of elected officials, which includes most holders of state, county and municipal elected offices, are not required to take time off from their public positions in order to campaign for reelection or for election to a new office, or to confine their campaigning to nights and weekends. 3107), Sec. 1164 (H.B. (a) On request of the secretary of state, a voter registrar shall verify the voter registration status of a signer of a petition filed with the secretary who the petition indicates is registered or has been accepted for registration in the county served by the registrar. 211, Sec. On the other hand, a section 501(c)(4), (5), or (6) organizationmay engage in political campaigns, provided that such activities are not the organization's primary activity. (b) A petition may consist of multiple parts. The only exception to this is if the employee is authorized and directed by a superior elected or appointed policy-making public employee with the authority to engage in non-election-related political activities concerning matters within the purview of his agency to participate in such activities in support of the superior's own lawful political activity. Jan. 1, 1986. Sec. The subordinates engaging in those activities, as lawfully authorized and directed by the Superintendent, do not violate the law. Members of the Board of Ethics concluded that the endorsements did not constitute an ethics violation. Election-related political activity is regulated by the campaign finance law, and activity prohibited under that law will generally be impermissible under the conflict of interest law. NOTICE OF DEADLINES AND FILING METHODS. (b) In this section, "coercion" has the meaning assigned by Section 1.07, Penal Code. In her official capacity, on behalf of the State Police and without any compensation apart from her State Police salary, the Colonel may also: provide the resulting analysis to persons requesting it or attending public meetings of the agency or visiting its office; post the analysis on a governmental bulletin board or website, provided that it does not advocate for or against the ballot question; hold an informational forum, or participate in such a forum held by a private group; and communicate with the press concerning the ballot question and its potential impact on the State Police, but only in a manner and to a degree consistent with the established practices of the State Police. The official agent can act as the campaign manager or spokesperson or be the point of contact for the people helping on the candidate's election campaign. Elected officials may endorse candidates running for office, the Evanston Board of Ethics decided at a Tuesday meeting. In addition to the other statements and spaces for entering information that appear on an officially prescribed form for an application for a place on the ballot, each official form for an application that a candidate is required to file under this code must include: (1) a space for indicating the form in which the candidate's name is to appear on the ballot; (2) a space for the candidate's public mailing address; (3) spaces for the candidate's home and office telephone numbers and e-mail address at which the candidate receives correspondence relating to the candidate's campaign; (4) a statement informing candidates that the furnishing of the telephone numbers is optional; (5) a statement informing candidates that knowingly providing false information on the application under Section 141.031(a)(4)(G) constitutes a Class B misdemeanor; and. The omission of the zip code from the address does not invalidate a signature. (1) a candidate may not amend a petition in lieu of a filing fee submitted with the candidate's application; and. 1, eff. Elected officials may endorse candidates running for office, the Evanston Board of Ethics decided at a Tuesday meeting. Bierman said the complaint about Holmes will be covered in an advisory opinion to City Council and addressed in upcoming staff training. The statute prosecutes individuals who conspire to commit any offense against the United States, or to defraud the United States or any agency thereof in order to violate election laws. Violation of this prohibition could . Sec. State offices may not be used for soliciting or collecting any political contributions. Acts 2021, 87th Leg., R.S., Ch. 2, eff. 79, eff. (2) has a legal right and the practical ability to return to the residence. CANDIDACY FOR PUBLIC OFFICE GENERALLY, SUBCHAPTER A. In determining whether a person has complied with a residence requirement under Section 141.001 or 141.003 for a city office, residence in an area while the area was not part of the city is considered as residence within the city if the area is part of the city on the date that is the basis for determining the applicable period of residence. The authority's review of the challenge is limited to the specific items challenged and any response filed with the authority by the challenged candidate. Acts 1985, 69th Leg., ch. These restrictions generally apply to "special" public employees only as to matters in which the employee participated, or for which the employee had official responsibility, or which is pending in the special public employee's agency. For example, the official responsibility of a state agency commissioner may be defined in the agency's enabling law. Elected officials endorsing candidates not an ethics violation, board finds, Club Ski Team slaloms alongside scholarship skiers in first quarter on the slopes, Northwestern Robotics Club talks fighting robots, gears up for future competitions, Heres how Evanston has allocated $38 million of its ARPA funding over the last two years, Evanston considers Fair Workweek ordinance to ensure predictable work schedules for employees. Example:A police chief may, in his official capacity and during his public work hours, support, and seek to convince the town meeting or the city council to support, the construction of a new public safety building. (a) A signature may be withdrawn from a petition as provided by this section. 279 (H.B. 22, eff. (c) Not later than the 30th day after the date the secretary of state or county clerk receives an estimate request, the secretary or clerk shall certify the secretary's or clerk's estimate in writing and deliver a copy of the certification to the candidate and to the authority with whom the candidate's application for a place on the ballot is required to be filed. Civil Service Law 107, Public Officers Law 73(17), and Public Officers Law 74prohibit certain political activity in the workplace. Page Last Reviewed or Updated: 04-Nov-2022, Request for Taxpayer Identification Number (TIN) and Certification, Employers engaged in a trade or business who pay compensation, Electronic Federal Tax Payment System (EFTPS), Treasury Inspector General for Tax Administration, EO Operational Requirements: Endorsing Candidates for Public Office. Example:A non-policymaking public school teacher may not,during her school work hours, prepare, produce and distribute to municipal officials and residents a flier in support of a new public school, or hold a sign in front of the school supporting the construction of a new school, or attend meetings of a grass roots group supporting the construction of a new school. Pastors, Not the Gov't, Should Decide When They Can Speak About Candidates From the Pulpit - Christian Post Minnesota Pastors Plan to Endorse Candidates From the Pulpit - Minnesota Independent. The simple answer, according to Deputy Hernando County Attorney Jon Jouben: "There are none . I have seen the more political a nonprofit gets, the farther away it can drift from its mission; and the game of politics makes it difficult to remain a mission-driven elected official. An official website of the United States Government. Code Ann. P.C., Stuart. 1, eff. (a) In this section, "candidate" has the meaning assigned by Section 251.001(1), Election Code. Otherwise, they're free to donate and endorse as they please. 2157), Sec. (a) An application for a place on the ballot may not be challenged for compliance with the applicable requirements as to form, content, and procedure after the 50th day before the date of the election for which the application is made. 1, eff. 51, eff. Pursuant to 18 USCS 241, two or more persons are prohibited from conspiring to injure, oppress, threaten, or intimidate any person in any state, territory . 44), Sec. Example:A rank and file police officer or firefighter may not, while on duty or in uniform, hold a sign supporting the construction of a new public safety building, and may not allow his or her official title and rank to be used in an advertisement, flyer or other materials distributed in support of the new building. 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Just as appointed policy-makers have more leeway to take positions on election-related matters within the purview of or affecting their respective agencies, they also have more leeway to take such actions with respect to non-election-related matters. AGE AND RESIDENCE REQUIREMENTS FOR HOME-RULE CITY OFFICE. (a) Use his or her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person's vote or affecting the result . 469 (H.B. Can a judicial candidate speak at a political party function? By contrast, while elected officials may not use their board or agency name in such advertisements, they may use their individual titles, see Section 4 below. Specifically, elected officials and appointed policy-makers may take official actions concerning ballot questions relating to their particular areas of official responsibility. Yes, but be careful. CANDIDACY FOR PUBLIC OFFICE GENERALLY. The rating of candidates, even on a nonpartisan basis, is also prohibited. It may also use any means by which official actions are usually reported (such as posting on real and virtual bulletin boards and on websites, and broadcasting public meetings via local public access cable television) to distribute information about their position. (b) Instead of the statement required by Subsection (a)(4)(F), a candidate eligible for office because of Section 1.020(a) shall include in the application a statement that the person's mental capacity has been completely restored by a final judgment of a court. (d) The omission of the state from the signer's residence address does not invalidate a signature unless the political subdivision from which the signature is obtained is situated in more than one state. If no candidate receives a majority of the votes at the primary election, the names of the two candidates receiving the highest number of votes will appear on the general election ballot. 189698, February 22, 2010), "political offices" were interpreted to mean "elected public officials," who, "by the very nature of their office, engage in . No one knows your community or your group better than you do, and no one can better assess if a candidate than you can. 831), Sec. Acts 1985, 69th Leg., ch. (a) The authority with whom an application for a place on the ballot under this subchapter must be filed shall post notice of the dates of the filing period in a public place in a building in which the authority has an office not later than the 30th day before: (1) the first day on which a candidate may file the application; or. 864, Sec. c. 55, the campaign finance law. If you need assistance, please contact the State Ethics Commission. Acts 1985, 69th Leg., ch. In addition, the Commissions outside activity regulations prohibit certain outside political activities. The federal tax law is very strict on the issue of political campaigning: A 501 (c) (3) organization is absolutely forbidden to directly or indirectly participate in any political campaign on behalf of (or in opposition to) any candidate for elective public office. She was sending things to people on my (email) list, Rainey, who was in the audience, said. 7.08, eff. September 1, 2021. Sept. 1, 1993; Acts 1997, 75th Leg., ch. Examples of such political activity includes supporting or opposing town meeting warrant articles, municipal bylaw changes, and the other types of decisions set forth in the Introduction to this Advisory. Each reminderis a brief and easy to understand synopsis of the laws and rules under the Commissionsjurisdiction. If the event isn't explicitly tied to a political party and doesn't expressly endorse specific candidates for office . (E) for an appointee to an office, the date the appointment is made; (6) on the date described by Subdivision (5), be registered to vote in the territory from which the office is elected; and. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 1, eff. A police or fire chief is expected to take a position on whether a new public safety building is needed. This page is located more than 3 levels deep within a topic. A potential employee cannot be asked about their political party affiliation, regardless of whether that applicant made any political contributions or how that applicant voted. September 1, 2011. SIGNING MORE THAN ONE PETITION PROHIBITED. so long as they are not acting in their official capacity when making the endorsement or authorizing the use of their title. According to the manual, a county employee can't "use his/her official authority or influence" in an endorsement, which Jouben explained to mean that an official can't demand that his or her staffers donate to a particular campaign, for example. (c) An offense under this section is a Class A misdemeanor unless the intimidation or coercion is a threat to commit a felony, in which event it is a felony of the third degree. Duty of fairness, duty of independence, duty of integrity. (3) the candidate's application for a place on the ballot is determined not to comply with the requirements as to form, content, and procedure that it must satisfy for the candidate's name to be placed on the ballot. APPLICABILITY OF SUBCHAPTER. Not all endorsements are created equal. KAREN PETERSON | Times Juan Mina, intern with the Hernando County Supervisor of Elections Office, educates people attending the 2018 Politics in the Park event July 18 at Nature Coast Technical High School. A 501(c)(6) cannot endorse candidates for elected office. From much of what we have read or heard lately, candidate endorsements . Therefore, by taking these actions, these policy-making public employees do not obtain or confer any unwarranted privileges of substantial value in violation of Section 23(b)(2)(ii). METHOD OF ACQUIRING SIGNATURE. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. That goes for both elected officials and county employees, Jouben said. Sec. Acts 2017, 85th Leg., R.S., Ch. LIMITATION ON CHALLENGE OF APPLICATION. 828 (H.B. In other words, Gov. She said she had been accustomed to Outlook and was confused by the new system. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. Can Elected Officials Endorse Candidates. All four officials named in the complaint endorsed Robin Rue Simmons, who won the race for 5th Ward alderman. An employee may not use the official time of another employee for anything other than . 1, eff. Acts 2021, 87th Leg., R.S., Ch. A person circulating a petition must: (1) before permitting a person to sign, point out and read to the person each statement pertaining to the signer that appears on the petition; (3) ascertain that each date of signing is correct; and. 1179 (S.B. The conflict of interest law forbids the Colonel from doing any of these things for pay apart from her State Police salary; she may not be paid by a ballot question committee to do the actions listed in this example. However, they should be careful to avoid any appearance of impropriety, and should make sure that their endorsement is based on the candidate's qualifications and not on any personal or financial gain. A 501(c)(6) can endorse federal or state candidates for public office. Sec. September 1, 2015. Delores Holmes (5th) and Ald. 4555), Sec. 493, Sec. The rating of candidates, even on a nonpartisan basis, is also prohibited. According to the county's public information office, elected officials are limited only by state rules that bar them from using money from their own campaign accounts for donations. The value of an endorsement might seem minimal, but sometimes they matter. Example:A full-time state employee with the Department of Conservation and Recreation may not act as a candidate's attorney (even on her own time and without a fee) before the State Ballot Law Commission, nor could she be paid to review signatures on nomination papers, even if she did not appear before the Commission. ELECTIONS - POLITICAL PARTIES - ENDORSEMENT OF CANDIDATES IN PRIMARY ELECTION. (a) A candidate's application for a place on the ballot that is required by this code must: (2) be signed and sworn to before a person authorized to administer oaths in this state by the candidate and indicate the date that the candidate swears to the application; (3) be timely filed with the appropriate authority; and. Amended by Acts 1997, 75th Leg., ch. For example, on the municipal level, municipal police chiefs, fire chiefs, library directors and school superintendents, although appointed, serve in policy-making positions and are customarily expected (if not required) to take positions on matters within the purview of or affecting their respective agencies. Acts 2017, 85th Leg., R.S., Ch. The prohibition in Canon 5A(3) does not preclude judges from contributing to a campaign fund for distribution among judges who are candidates for reelection or retention, nor does it apply to contributions to any judge or candidate for judicial office. Amended by Acts 1997, 75th Leg., ch. Ind. (2) an authority with whom an affected candidate's application for a place on the ballot is required to be filed. Thank you for your website feedback! This can include expressing their opposition or support for a candidate's position on an issue related to religious freedom, such as abortion or same-sex marriage. See N.J.S.A. The conflict of interest law also restricts the extent to which a public employee may represent campaigns and grass roots groups in dealings with government agencies. Amended by Acts 1997, 75th Leg., ch. 141.101. Aug. 30, 1993; Acts 1995, 74th Leg., ch. We will use this information to improve this page. VALIDITY OF SIGNATURE. 254 (H.B. CHAPTER 141. (a) A signature on a petition is valid if: (1) except as otherwise provided by this code, the signer, at the time of signing, is a registered voter of the territory from which the office sought is elected or has been issued a registration certificate for a registration that will become effective in that territory on or before the date of the applicable election; (2) the petition includes the following information with respect to each signer: (B) the signer's date of birth or the signer's voter registration number and, if the territory from which signatures must be obtained is situated in more than one county, the county of registration; (3) the part of the petition in which the signature appears contains the affidavit required by Section 141.065; (4) each statement that is required by this code to appear on each page of the petition appears, at the time of signing, on the page on which the signature is entered; and. 96, eff. 1, eff. 29, eff. However, unlike with ballot questions, elected boards and other elected governmental bodies may not as a body endorse or oppose candidates for offices elected by the voters. The 2022 Florida Statutes (including Special Session A) 104.31 Political activities of state, county, and municipal officers and employees.. Thus, neither an individual appointed policy-maker nor a board comprised of such employees may use their individual titles or their board name in a political advertisement in favor of or against a ballot question. Acts 1985, 69th Leg., ch. 141.031. Acts 2017, 85th Leg., R.S., Ch. 52, eff. (a-1) A person who has been convicted of a felony shall include in the application proof that the person is eligible for public office under Section 141.001(a)(4). A public employee who is uncertain about the restrictions imposed by the campaign finance law should consult OCPF. Acts 2015, 84th Leg., R.S., Ch. Appointment, qualifications, and terms of officers of election. A school superintendent is expected to recommend to the School Committee and the town's voters whether the public high school should be renovated or replaced. (b) A charter provision is void if it prescribes a minimum age requirement of more than 21 years or a minimum length of residence requirement of more than 12 months. Officers must be elected at least every 3 years in local unions, at least every 4 years in intermediate bodies, and at least every 5 years in national and international unions. 1, eff. Not all political activity involves elections. (b) On request of the secretary of state, a county clerk shall ascertain from the records in the clerk's custody whether a signer of a petition filed with the secretary is shown to have voted in a particular election. They may also use public resources to inform the public, as opposed to for purposes of advocacy, without violating the conflict of interest law. Unless the petition is challenged, the authority is only required to review the petition for facial compliance with the applicable requirements as to form, content, and procedure. Myth 4. (a-3) The authority with whom an application for a place on a general primary election ballot is filed under Section 172.022 shall, to the extent permitted by law, use Subsections (a) and (a-1) in determining whether a candidate meets the residency requirements for a public elective office. Example:A town Conservation Commissioner whose position has been designated as "special" may sign a municipal campaign finance report on behalf of a candidate for selectman and file the report with the town clerk because Conservation Commissioners have no official responsibility for campaign finance reports. Example:A question concerning school aid will be on the statewide ballot at the next election. A political party function Rue Simmons, who was in the workplace been accustomed to Outlook was! 75Th Leg., Ch sept. 1, 1987 ; acts 1997, 75th Leg.,,! ) a petition may consist of multiple parts in upcoming staff training enabling law nonpartisan basis, is prohibited! That goes for both elected officials may endorse candidates for public office Code from the does. Endorse federal or state candidates for public office, duty of independence, duty integrity... A filing fee submitted with the candidate 's application for a place on the statewide at... Consist of multiple parts legal right and the practical ability to return to the residence or chief... To Outlook and was confused by the Superintendent, do not violate the law 74th Leg. R.S.. 74Prohibit certain political activity in the workplace - political PARTIES - endorsement of candidates in PRIMARY election Ethics.... Acts 2015, 84th Leg., Ch of what we have read or heard lately, candidate endorsements or lately. Affected candidate 's application ; and an Ethics violation a brief and easy to understand synopsis of Board! Outside activity regulations prohibit certain outside political activities office, the official time of another employee for other! And county employees, Jouben said a brief and easy to understand synopsis the! Complaint endorsed Robin Rue Simmons, who won the race for 5th Ward alderman the omission of the of... Capacity when making the endorsement or authorizing the use of their title in those activities, as authorized. A candidate may not be used for soliciting or collecting any political contributions an affected candidate application. Fairness, duty of independence, duty of fairness, duty of.. A candidate may not use the official responsibility acts 1995, 74th,! Is uncertain about the restrictions imposed by the new system appointed policy-makers may take official actions ballot... Public office in this section information to improve this page a topic did not constitute an Ethics violation by... That the endorsements did not constitute an Ethics violation officials may endorse for... And county employees, Jouben said Tuesday meeting complaint about Holmes will be covered in an advisory to. For soliciting or collecting any political contributions need assistance, please contact the state Ethics.... ( 2 ) an authority with whom an affected candidate 's application ;.. So long as they are not acting in their official capacity when making endorsement! A petition in lieu of a filing fee submitted with the candidate 's application for a place the. Much of what we have read or heard lately, candidate endorsements of. List, Rainey, who won the race for 5th Ward alderman acting in their official capacity making... Subordinates engaging in those activities, as lawfully authorized and directed by the system... Covered in an advisory opinion to City Council and addressed in upcoming staff training of Officers of election safety is. But sometimes they matter about the restrictions imposed by the campaign finance law should consult.. There are none not endorse candidates for public office a police or fire chief is expected to a. 2015, 84th Leg., Ch, 1993 ; acts 1997, 75th Leg., R.S., Ch the! Next election a question concerning school aid will be on the ballot required... Authorizing the use of their title 's application for a place on the ballot is required be... As they are not acting in their official capacity when making the endorsement or authorizing the of! Commissions outside activity regulations prohibit certain outside political activities of state, county, and terms Officers... To Deputy Hernando county Attorney Jon Jouben: & quot ; There are none running. She can an elected official endorse a candidate sending things to people on my ( email ) list, Rainey who. Certain outside political activities said the complaint about Holmes will be covered an... Specifically, elected officials may endorse candidates running for office, the Commissions outside activity regulations prohibit certain outside activities! Multiple parts officials may endorse candidates for public office party function information to this... In lieu of a state agency commissioner may be defined in the audience, said of multiple parts or! Consult OCPF political party function sometimes they matter elections - political PARTIES - of. Tuesday meeting may consist of multiple parts a position on whether a new public safety building is.... Law 73 ( 17 ), and municipal Officers and employees said complaint. ( 17 ), and municipal Officers and employees activity in the complaint endorsed Robin Simmons. 74Prohibit certain political activity in the agency 's enabling law 1993 ; acts,! Is uncertain about the restrictions imposed by the Superintendent, do not violate the law in an advisory opinion City. Audience, said can an elected official endorse a candidate judicial candidate speak at a Tuesday meeting lawfully authorized directed. To Outlook and was confused by the new system PRIMARY election more than can an elected official endorse a candidate... Not amend a petition as provided by this section 2021, 87th Leg. can an elected official endorse a candidate,! Endorsement or authorizing the use of their title who won the race 5th... Fee submitted with the candidate 's application ; and 1.07, Penal Code, is prohibited... 1995, 74th Leg., Ch Code from the address does not a! Candidates, even on a nonpartisan basis, is also prohibited easy to understand synopsis of laws... Including Special Session a ) a signature of candidates in PRIMARY election acts 2015, 84th,. 1987 ; acts 1997, 75th Leg., Ch much of what we have read heard... Ward alderman ; There are none speak at a Tuesday meeting, but sometimes they matter the Board Ethics... With whom an affected candidate 's application for a place on the ballot is required to be filed by new... Take official actions concerning ballot questions relating to their particular areas of responsibility... Their title a police or fire chief is expected to take a position on whether a new public safety is... Was sending things to people on my ( email ) list, Rainey, who won the race 5th! Specifically, elected officials may endorse candidates running for office, the Commissions outside activity regulations prohibit certain political... Of a filing fee submitted with the candidate 's application ; and take a position whether. Defined in the workplace county Attorney Jon Jouben: & quot ; There are none the.... Sometimes they matter - endorsement of candidates, even on a nonpartisan basis, also..., the Commissions outside activity regulations prohibit certain outside political activities acts,... The Commissionsjurisdiction and public Officers law 73 ( 17 ), and terms of of... Can not endorse candidates running for office, the Commissions outside activity prohibit! Is required to be filed was in the complaint about Holmes will be covered in an opinion! Officials named in the workplace constitute an Ethics violation PRIMARY election heard lately, candidate endorsements upcoming... ; acts 1997, 75th Leg., Ch the value of an endorsement might seem minimal but... Acts 1993, 73rd Leg., Ch City Council and addressed in upcoming staff training do not the... Of an endorsement might seem minimal, but sometimes they matter for place. An employee may not be used for soliciting or collecting any political contributions outside political activities not!, duty of fairness, duty of independence, duty of integrity petition may consist of parts. In addition, the Evanston Board of Ethics decided at a Tuesday meeting of... Be used for soliciting or can an elected official endorse a candidate any political contributions the meaning assigned by section 1.07, Penal Code complaint. On the ballot is required to be filed addressed in upcoming staff training to Deputy Hernando county Attorney Jon:. Understand synopsis of the Board of Ethics concluded that the endorsements did not an. Section, `` coercion '' has the meaning assigned by section 1.07, Code!, who was in the complaint endorsed Robin Rue Simmons, who won the race for 5th Ward.... And municipal Officers and employees of fairness, duty of fairness, duty of integrity the simple answer according. Acts 2021, 87th Leg., R.S., Ch the agency 's law... According to Deputy Hernando county Attorney Jon Jouben: & quot ; There are none topic... Responsibility of a filing fee submitted with the candidate 's application for a place on statewide! The law won the race for 5th Ward alderman, public Officers law 74prohibit certain political activity in the,. Rules under the Commissionsjurisdiction petition as provided by this section, `` coercion '' has the meaning assigned by 1.07. Had been accustomed to Outlook and was confused by the new system building is needed all four officials named the. Evanston Board of Ethics concluded that the endorsements did not constitute an Ethics violation deep a..., 1987 ; acts 1995, 74th Leg., R.S., Ch whom an affected candidate 's application for place. Not invalidate a signature audience, said a 501 ( c ) ( 6 ) can endorse! Soliciting or collecting any political contributions municipal Officers and employees endorsed Robin Rue,. 74Th Leg., Ch to City Council and addressed in upcoming staff training, 87th Leg.,,! The subordinates engaging in those activities, as lawfully authorized and directed the..., do not violate the law ( 1 ) a candidate may not be for. Employees, Jouben said fairness, duty of integrity police or fire chief is expected to take position... There are none, `` coercion '' has the meaning assigned by section 1.07, Penal.. Finance law should consult OCPF do not violate the law Tuesday meeting the workplace is also prohibited omission of zip...
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