SB200, s. 7 17Section 7. 6.79 (3) (title) of the statutes is amended to read:
SB200,6,1918 6.79 (3) (title) Refusal to give name and address provide name, address,
19license, or identification card
.
SB200, s. 8 20Section 8. 6.79 (3) of the statutes is renumbered 6.79 (3) (a).
SB200, s. 9 21Section 9. 6.79 (3) (b) of the statutes is created to read:
SB200,7,322 6.79 (3) (b) If the poll list indicates that the elector has elected to be subject to
23an identification requirement under s. 6.345 and identification under sub. (2) is not
24provided by the elector, or if the name or any photograph appearing on the document
25that is provided cannot be verified by the officials, the elector shall not be permitted

1to vote, except as authorized under sub. (7), but if the elector is entitled to cast a
2provisional ballot under s. 6.97, the officials shall offer the opportunity for the elector
3to vote under s. 6.97.
SB200, s. 10 4Section 10. 6.79 (7) of the statutes is created to read:
SB200,7,125 6.79 (7) License surrender. If an elector is required to provide identification
6under s. 6.345 and the elector receives a citation or notice of intent to revoke or
7suspend an operator's license from a law enforcement officer in any jurisdiction that
8is dated within 60 days of the date of an election and the elector is required to
9surrender his or her operator's license issued to the elector under ch. 343 at the time
10the citation or notice is issued, the elector may present an original copy of the citation
11or notice in lieu of an operator's license under ch. 343. In such case, the elector shall
12cast his or her ballot under s. 6.965.
SB200, s. 11 13Section 11. 6.82 (1) (a) of the statutes is amended to read:
SB200,8,1214 6.82 (1) (a) When any inspectors are informed that an elector is at the entrance
15to the polling place who as a result of disability is unable to enter the polling place,
16they shall permit the elector to be assisted in marking a ballot by any individual
17selected by the elector, except the elector's employer or an agent of that employer or
18an officer or agent of a labor organization which represents the elector. The If the
19elector is required to provide identification under s. 6.345, except as authorized in
20s. 6.79 (7), the
individual selected by the elector shall present to the inspectors a valid
21operator's license issued to the elector under ch. 343, a valid, current identification
22card issued to the elector by a U.S. uniformed service, or a valid identification card
23issued to the elector under s. 343.50 and, if the license or identification card does not
24constitute proof of residence under s. 6.34, shall also
provide proof of residence under
25s. 6.34 for the assisted elector, whenever required, and all other information

1necessary for the elector to obtain a ballot under s. 6.79 (2). The inspectors shall issue
2a ballot to the individual selected by the elector and shall accompany the individual
3to the polling place entrance where the assistance is to be given. If the ballot is a
4paper ballot, the assisting individual shall fold the ballot after the ballot is marked
5by the assisting individual. The assisting individual shall then immediately take the
6ballot into the polling place and give the ballot to an inspector. The inspector shall
7distinctly announce that he or she has "a ballot offered by .... (stating person's name),
8an elector who, as a result of disability, is unable to enter the polling place without
9assistance". The inspector shall then ask, "Does anyone object to the reception of this
10ballot?" If no objection is made, the inspectors shall record the elector's name under
11s. 6.79 and deposit the ballot in the ballot box, and shall make a notation on the poll
12list: "Ballot received at poll entrance".
SB200, s. 12 13Section 12. 6.86 (1) (ac) of the statutes is amended to read:
SB200,8,1914 6.86 (1) (ac) Any elector qualifying under par. (a) may make written application
15to the municipal clerk for an official ballot by means of facsimile transmission or
16electronic mail. Any application under this paragraph shall contain a copy of the
17applicant's original signature. An elector requesting a ballot under this paragraph
18shall return with the voted ballot a copy of the request bearing an original signature
19of the elector as provided in s. 6.87 (4) (a).
SB200, s. 13 20Section 13. 6.86 (1) (ar) of the statutes is amended to read:
SB200,9,621 6.86 (1) (ar) Except as authorized in s. 6.875 (6), the municipal clerk shall not
22issue an absentee ballot unless the clerk receives a written application therefor from
23a qualified elector of the municipality. The clerk shall retain each absentee ballot
24application until destruction is authorized under s. 7.23 (1). Except as authorized
25in s. 6.79 (7), if an elector is required to provide identification under s. 6.345 and the

1elector applies for an absentee ballot in person at the clerk's office, the clerk shall not
2issue the elector an absentee ballot unless the elector presents a valid operator's
3license issued to the elector under ch. 343, a valid, current identification card issued
4to the elector by a U.S. uniformed service, or a valid identification card issued to the
5elector under s. 343.50. The clerk shall make a copy of the document presented by
6the elector and shall enclose the copy in the certificate envelope.
SB200, s. 14 7Section 14. 6.86 (3) (a) 1. of the statutes is amended to read:
SB200,9,188 6.86 (3) (a) 1. Any elector who is registered and who is hospitalized, may apply
9for and obtain an official ballot by agent. The agent may apply for and obtain a ballot
10for the hospitalized absent elector by presenting a form prescribed by the board and
11containing the required information supplied by the hospitalized elector and signed
12by that elector and any other elector residing in the same municipality as the
13hospitalized elector, corroborating the information contained therein. The
14corroborating elector shall state on the form his or her full name and address
. Except
15as authorized in s. 6.87 (4) (b), if the elector is required to provide identification under
16s. 6.345, the agent shall present the identification required under sub. (1) (ar). The
17clerk shall make a copy of the document presented by the agent and shall enclose the
18copy in the certificate envelope
.
SB200, s. 15 19Section 15. 6.869 of the statutes is amended to read:
SB200,9,25 206.869 Uniform instructions. The board shall prescribe uniform instructions
21for absentee voters. The instructions shall include information concerning the
22procedure for correcting errors in marking a ballot and obtaining a replacement for
23a spoiled ballot. The procedure shall, to the extent possible, respect the privacy of
24each elector and preserve the confidentiality of each elector's vote. For electors who
25are subject to an identification requirement under s. 6.345, the instructions shall

1include information regarding the identification that is required under s. 6.86 (1) (ar)
2or the copy of the identification that is required under s. 6.87 (4).
SB200, s. 16 3Section 16. 6.87 (3) (d) of the statutes is amended to read:
SB200,10,234 6.87 (3) (d) A municipal clerk may, if the clerk is reliably informed by an absent
5elector of a facsimile transmission number or electronic mail address where the
6elector can receive an absentee ballot, transmit a facsimile or electronic copy of the
7absent elector's ballot to that elector in lieu of mailing under this subsection if, in the
8judgment of the clerk, the time required to send the ballot through the mail may not
9be sufficient to enable return of the ballot by the time provided under sub. (6). An
10elector may receive an absentee ballot under this subsection only if the elector has
11filed a valid application for the ballot under s. 6.86 (1). If the clerk transmits an
12absentee ballot under this paragraph, the clerk shall also transmit a facsimile or
13electronic copy of the text of the material that appears on the certificate envelope
14prescribed in sub. (2), together with instructions prescribed by the board. The
15instructions shall require the absent elector to make and subscribe to the
16certification as required under sub. (4) (a) and to enclose the absentee ballot in a
17separate envelope contained within a larger envelope, that shall include the
18completed certificate. The elector shall then affix sufficient postage unless the
19absentee ballot qualifies for mailing free of postage under federal free postage laws
20and shall mail the absentee ballot to the municipal clerk. Except as authorized in
21s. 6.97 (2), an absentee ballot received under this paragraph shall not be counted
22unless it is cast in the manner prescribed in this paragraph and in accordance with
23the instructions provided by the board.
SB200, s. 17 24Section 17. 6.87 (4) of the statutes is renumbered 6.87 (4) (a) and amended to
25read:
SB200,12,4
16.87 (4) (a) Except as otherwise provided in s. 6.875, the elector voting absentee
2shall make and subscribe to the certification before one witness who is an adult U.S.
3citizen. The absent elector, in the presence of the witness, shall mark the ballot in
4a manner that will not disclose how the elector's vote is cast. The elector shall then,
5still in the presence of the witness, fold the ballots so each is separate and so that the
6elector conceals the markings thereon and deposit them in the proper envelope. If
7a consolidated ballot under s. 5.655 is used, the elector shall fold the ballot so that
8the elector conceals the markings thereon and deposit the ballot in the proper
9envelope. If proof of residence is required, Except as authorized in par. (b) and
10notwithstanding s. 343.43 (1) (f), if the elector is required to provide identification
11under s. 6.345, the elector shall enclose a copy of the identification in the envelope.
12If proof of residence under s. 6.34 is required and the document enclosed by the
13elector under this paragraph does not constitute proof of residence under s. 6.34
, the
14elector shall also enclose proof of residence under s. 6.34 in the envelope. Proof of
15residence is required if the elector is not a military elector or an overseas elector, as
16defined in s. 6.34 (1), and the elector registered by mail and has not voted in an
17election in this state. If the elector requested a ballot by means of facsimile
18transmission or electronic mail under s. 6.86 (1) (ac), the elector shall enclose in the
19envelope a copy of the request which bears an original signature of the elector. The
20elector may receive assistance under sub. (5). The return envelope shall then be
21sealed. The witness may not be a candidate. The envelope shall be mailed by the
22elector, or delivered in person, to the municipal clerk issuing the ballot or ballots.
23If the envelope is mailed from a location outside the United States, the elector shall
24affix sufficient postage unless the ballot qualifies for delivery free of postage under
25federal law. Failure to return an unused ballot in a primary does not invalidate the

1ballot on which the elector's votes are cast. Return of more than one marked ballot
2in a primary or return of a ballot prepared under s. 5.655 or a ballot used with an
3electronic voting system in a primary which is marked for candidates of more than
4one party invalidates all votes cast by the elector for candidates in the primary.
SB200, s. 18 5Section 18. 6.87 (4) (b) of the statutes is created to read:
SB200,12,146 6.87 (4) (b) If the absentee elector is required to provide identification under
7s. 6.345 and the elector has received a citation or notice of intent to revoke or suspend
8an operator's license from a law enforcement officer in any jurisdiction that is dated
9within 60 days of the date of the election and the elector is required to surrender his
10or her operator's license issued to the elector under ch. 343 at the time the citation
11or notice is issued, the elector may enclose a copy of the citation or notice in lieu of
12an operator's license under ch. 343 if the elector is voting by mail, or may present an
13original copy of the citation or notice in lieu of an operator's license under ch. 343 if
14the elector is voting at the office of the municipal clerk.
SB200, s. 19 15Section 19. 6.875 (6) (c) 1. of the statutes is amended to read:
SB200,13,316 6.875 (6) (c) 1. Upon their visit to the home or facility under par. (a), the
17deputies shall personally offer each elector who has filed a proper application for an
18absentee ballot the opportunity to cast his or her absentee ballot. If an elector is
19present who has not filed a proper application for an absentee ballot, the 2 deputies
20may accept an application from the elector and shall issue a ballot to the elector if
21the elector is qualified, the elector presents identification, whenever required under
22s. 6.345,
and the application is proper. The deputies shall each witness the
23certification and may, upon request of the elector, assist the elector in marking the
24elector's ballot. All voting shall be conducted in the presence of the deputies. Upon
25request of the elector, a relative of the elector who is present in the room may assist

1the elector in marking the elector's ballot. No individual other than a deputy may
2witness the certification and no individual other than a deputy or relative of an
3elector may render voting assistance to the elector.
SB200, s. 20 4Section 20. 6.88 (3) (a) of the statutes is amended to read:
SB200,14,25 6.88 (3) (a) Except in municipalities where absentee ballots are canvassed
6under s. 7.52, at any time between the opening and closing of the polls on election day,
7the inspectors shall, in the same room where votes are being cast, in such a manner
8that members of the public can hear and see the procedures, open the carrier
9envelope only, and announce the name of the absent elector or the identification
10serial number of the absent elector if the elector has a confidential listing under s.
116.47 (2). When the inspectors find that the certification has been properly executed,
12the applicant is a qualified elector of the ward or election district, and the applicant
13has not voted in the election, they shall enter an indication on the poll list next to the
14applicant's name indicating an absentee ballot is cast by the elector. They shall then
15open the envelope containing the ballot in a manner so as not to deface or destroy the
16certification thereon. The inspectors shall take out the ballot without unfolding it
17or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95,
18the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If
19the poll list indicates that proof of residence under s. 6.34 is required and no proof
20of residence is enclosed or the name or address on the document that is provided is
21not the same as the name and address shown on the poll list, or if the elector is
22required to provide identification under s. 6.345 and no copy of the identification is
23enclosed or the name on the document that is provided cannot be verified by the
24inspectors,
the inspectors shall proceed as provided under s. 6.97 (2). The inspectors
25shall then deposit the ballot into the proper ballot box and enter the absent elector's

1name or voting number after his or her name on the poll list in the same manner as
2if the elector had been present and voted in person.
SB200, s. 21 3Section 21. 6.965 of the statutes is created to read:
SB200,14,23 46.965 Voting procedure for electors presenting citation or notice in
5lieu of license.
Whenever any elector is allowed to vote at a polling place under s.
66.79 (7) by presenting a citation or notice of intent to revoke or suspend an operator's
7license in lieu of an operator's license issued to the elector under ch. 343, the
8inspectors shall, before giving the elector a ballot, write on the back of the ballot the
9serial number of the elector corresponding to the number kept at the election on the
10poll list or other list maintained under s. 6.79 and the notation "s. 6.965." If voting
11machines are used in the municipality where the elector is voting, the elector's vote
12may be received only upon an absentee ballot furnished by the municipal clerk which
13shall have the notation "s. 6.965" written on the back of the ballot by the inspectors
14before the ballot is given to the elector. If the municipal clerk receives an absentee
15ballot from an elector who presents a citation or notice, or copy thereof, under s. 6.87
16(4) (b), the clerk shall enter a notation on the certificate envelope "Ballot under s.
176.965, stats." Upon receiving the envelope, the inspectors shall open and write on
18the back of the ballot the serial number of the elector corresponding to the number
19kept at the election on the poll list or other list maintained under s. 6.79 and the
20notation "s. 6.965." The inspectors shall indicate on the poll list or other list
21maintained under s. 6.79 the fact that the elector is voting by using a citation or
22notice in lieu of a license. The inspectors shall then deposit the ballot. The ballot
23shall then be counted under s. 5.85, or under s. 7.51 or 7.52.
SB200, s. 22 24Section 22. 6.97 (title) of the statutes is amended to read:
SB200,15,2
16.97 (title) Voting procedure for individuals not providing required
2proof of residence or identification.
SB200, s. 23 3Section 23. 6.97 (1) and (2) of the statutes are amended to read:
SB200,16,84 6.97 (1) Whenever any individual who is required to provide proof of residence
5under s. 6.34 in order to be permitted to vote appears to vote at a polling place and
6cannot provide the required proof of residence, the inspectors shall offer the
7opportunity for the individual to vote under this section. Whenever any individual
8who is required to provide identification under s. 6.345 appears to vote at a polling
9place and does not present identification, the inspectors or the municipal clerk shall
10similarly offer the opportunity for the individual to vote under this section.
If the
11individual wishes to vote, the inspectors shall provide the elector with an envelope
12marked "Ballot under s. 6.97, stats." on which the serial number of the elector is
13entered and shall require the individual to execute on the envelope a written
14affirmation stating that the individual is a qualified elector of the ward or election
15district where he or she offers to vote and is eligible to vote in the election. The
16inspectors shall, before giving the elector a ballot, write on the back of the ballot the
17serial number of the individual corresponding to the number kept at the election on
18the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". If voting
19machines are used in the municipality where the individual is voting, the
20individual's vote may be received only upon an absentee ballot furnished by the
21municipal clerk which shall have the corresponding number from the poll list or
22other list maintained under s. 6.79 and the notation "s. 6.97" written on the back of
23the ballot by the inspectors before the ballot is given to the elector. When receiving
24the individual's ballot, the inspectors shall provide the individual with written
25voting information prescribed by the board under s. 7.08 (8). The inspectors shall

1indicate on the list the fact that the individual is required to provide proof of
2residence or identification under s. 6.345 but did not do so. The inspectors shall
3notify the individual that he or she may provide proof of residence or identification
4to the municipal clerk or executive director of the municipal board of election
5commissioners. The inspectors shall also promptly notify the municipal clerk or
6executive director of the name, address, and serial number of the individual. The
7inspectors shall then place the ballot inside the envelope and place the envelope in
8a separate carrier envelope.
SB200,17,2 9(2) Whenever any individual who votes by absentee ballot is required to
10provide proof of residence in order to be permitted to vote and does not provide the
11required proof of residence under s. 6.34, the inspectors shall treat the ballot as a
12provisional ballot under this section. Whenever any individual who is required to
13provide identification under s. 6.345, other than an individual who is exempted
14under s. 6.87 (4), votes by absentee ballot and does not enclose a copy of the
15identification specified in s. 6.86 (1) (ar), the inspectors shall similarly treat the
16ballot as a provisional ballot under this section. Upon removing the ballot from the
17envelope, the
inspectors shall write on the back of the absentee ballot the serial
18number of the individual corresponding to the number kept at the election on the poll
19list or other list maintained under s. 6.79 and the notation "s. 6.97". The inspectors
20shall indicate on the list the fact that the individual is required to provide proof of
21residence or a copy of the identification specified in s. 6.86 (1) (ar) but did not do so.
22The inspectors shall promptly notify the municipal clerk or executive director of the
23municipal board of election commissioners of the name, address, and serial number
24of the individual. The inspectors shall then place the ballot inside an envelope on

1which the name and serial number of the elector is entered and shall place the
2envelope in a separate carrier envelope.
SB200, s. 24 3Section 24. 6.97 (3) of the statutes is renumbered 6.97 (3) (b) and amended to
4read:
SB200,17,245 6.97 (3) (b) Whenever the municipal clerk or executive director of the municipal
6board of election commissioners is informed by the inspectors that a ballot has been
7cast under this section, the clerk or executive director shall promptly provide written
8notice to the board of canvassers of each municipality, special purpose district, and
9county that is responsible for canvassing the election of the number of ballots cast
10under this section in each ward or election district. The municipal clerk or executive
11director then shall determine whether each individual voting under this section is
12qualified to vote in the ward or election district where the individual's ballot is cast.
13If the elector is required to provide a license or identification card or copy thereof
14under s. 6.79 (2) or 6.87 (4) and fails to do so, the elector bears the burden of correcting
15the omission by providing the license or identification card or copy thereof at the
16polling place before the closing hour or at the office of the municipal clerk or board
17of election commissioners no later than 4 p.m. on the day after the election.
The
18municipal clerk or executive director shall make a record of the procedure used to
19determine the validity of each ballot cast under this section. If, prior to 4 p.m. on the
20day after the election, the municipal clerk or executive director determines that the
21individual is qualified to vote in the ward or election district where the individual's
22ballot is cast, the municipal clerk or executive director shall notify the board of
23canvassers for each municipality, special purpose district and county that is
24responsible for canvassing the election of that fact.
SB200, s. 25 25Section 25. 6.97 (3) (a) and (c) of the statutes are created to read:
SB200,18,10
16.97 (3) (a) Whenever an elector who votes by provisional ballot under sub. (1)
2or (2) because the elector does not provide a license or identification card or copy
3thereof under s. 6.79 (2) or 6.87 (4) later appears at the polling place where the ballot
4is cast before the closing hour and provides the license or identification card, the
5inspectors shall remove the elector's ballot from the separate carrier envelope, shall
6note on the poll list that the elector's provisional ballot is withdrawn, and shall
7deposit the elector's ballot in the ballot box. If the inspectors have notified the
8municipal clerk or executive director of the board of election commissioners that the
9elector's ballot was cast under this section, the inspectors shall notify the clerk or
10executive director that the elector's provisional ballot is withdrawn.
SB200,18,1511 (c) A ballot cast under this section by an elector for whom a valid license or
12identification card or copy thereof is required under s. 6.79 (2) or 6.87 (4) shall not
13be counted unless the municipal clerk or executive director of the board of election
14commissioners provides timely notification that the elector has provided a valid
15license or identification card or copy thereof under this section.
SB200, s. 26 16Section 26. 6.97 (4) of the statutes is amended to read:
SB200,19,217 6.97 (4) Whenever a board of canvassers receives timely notification from the
18municipal clerk or executive director of the board of election commissioners under
19sub. (3) (b) that an individual who has voted under this section is qualified to vote
20in the ward or election district where the individual's ballot is cast, the board of
21canvassers shall promptly reconvene and, if the ballot cast by the individual is
22otherwise valid, shall count the ballot and adjust the statements, certifications and
23determinations accordingly. If the municipal clerk or executive director transmits
24returns of the election to the county clerk or board of election commissioners, the
25municipal clerk or executive director shall transmit to the county clerk or board of

1election commissioners a copy of the amended returns together with all additional
2ballots counted by each board of canvassers.
SB200, s. 27 3Section 27. 7.08 (1) (c) of the statutes is amended to read:
SB200,19,84 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1),
56.345, 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms
6shall contain a statement of the penalty applicable to false or fraudulent registration
7or voting through use of the form. Forms are not required to be furnished by the
8board.
SB200, s. 28 9Section 28. 7.08 (8) (title) of the statutes is amended to read:
SB200,19,1110 7.08 (8) (title) Electors voting without proof of residence or identification
11or pursuant to court order.
SB200, s. 29 12Section 29. 7.52 (3) (a) of the statutes is amended to read:
SB200,20,1113 7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier
14envelope only, and, in such a manner that a member of the public, if he or she desired,
15could hear, announce the name of the absent elector or the identification serial
16number of the absent elector if the elector has a confidential listing under s. 6.47 (2).
17When the board of absentee ballot canvassers finds that the certification has been
18properly executed and the applicant is a qualified elector of the ward or election
19district, the board of absentee ballot canvassers shall enter an indication on the poll
20list next to the applicant's name indicating an absentee ballot is cast by the elector.
21The board of absentee ballot canvassers shall then open the envelope containing the
22ballot in a manner so as not to deface or destroy the certification thereon. The board
23of absentee ballot canvassers shall take out the ballot without unfolding it or
24permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the
25board of absentee ballot canvassers shall verify that the ballot has been endorsed by

1the issuing clerk. If the poll list indicates that proof of residence is required and no
2proof of residence is enclosed or the name or address on the document that is provided
3is not the same as the name and address shown on the poll list, or if the elector is
4required to provide a copy of identification under s. 6.87 (4) and no copy of the
5identification is enclosed or the name on the document cannot be verified by the
6canvassers,
the board of absentee ballot canvassers shall proceed as provided under
7s. 6.97 (2). The board of absentee ballot canvassers shall mark the poll list number
8of each elector who casts an absentee ballot on the back of the elector's ballot. The
9board of absentee ballot canvassers shall then deposit the ballot into the proper
10ballot box and enter the absent elector's name or poll list number after his or her
11name on the poll list.
SB200, s. 30 12Section 30. 10.02 (3) (form) (a) of the statutes is amended to read:
SB200,21,313 10.02 (3) (form) (a) Upon entering the polling place and before being permitted
14to vote, an elector shall state his or her name and address. If an elector is not
15registered to vote, an elector may register to vote at the polling place serving his or
16her residence if the elector provides proof of residence or the elector's registration is
17verified by another elector of the same municipality where the elector resides. If an
18elector has elected to be subject to an identification requirement under s. 6.345 (1),
19and any proof of residence provided by the elector does not constitute identification,
20the elector shall also present a valid Wisconsin operator's license, a valid, current
21identification card issued to the elector by a U.S. uniformed service, or a valid
22Wisconsin identification card unless the elector is exempted from this requirement
.
23Where ballots are distributed to electors, the initials of 2 inspectors must appear on
24the ballot. Upon being permitted to vote, the elector shall retire alone to a voting
25booth or machine and cast his or her ballot, except that an elector who is a parent or

1guardian may be accompanied by the elector's minor child or minor ward. An
2election official may inform the elector of the proper manner for casting a vote, but
3the official may not in any manner advise or indicate a particular voting choice.
SB200, s. 31 4Section 31.0 Initial applicability.
SB200,21,65 (1) This act first applies with respect to voting at the 2009 spring primary
6election.
SB200, s. 32 7Section 32. Effective date.
SB200,21,88 (1) This act takes effect on January 1, 2009.
SB200,21,99 (End)
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