4. It requires the state treasurer to electronically transmit supplemental
grants to qualifying candidates who so request as soon as possible after the
candidates qualify to receive the supplemental grants, but in no case later than the
end of the third business day after the Government Accountability Board notifies the
treasurer that a candidate has qualified to receive a grant.
Penalties for violations
Currently, violators of the campaign finance law are subject to a forfeiture (civil
penalty) of not more than $500 for each violation, except that violators of
contribution limitations are subject to a forfeiture of not more than treble the amount
unlawfully contributed. In addition, currently, any person who is delinquent in filing
a report is subject to a forfeiture of not more than $50 or 1 percent of the annual salary
of the office for which a candidate is being supported or opposed, whichever is greater,
for each day of delinquency.
Currently, whoever intentionally violates certain provisions of the campaign
finance law, such as registration requirements, contribution limitations, the
prohibition against making contributions in the name of another person, the
prohibition against using contributions for most nonpolitical purposes, and the
prohibition against filing false reports and statements, may be fined not more than
$1,000 or imprisoned for not more than six months, or both, if the violation does not
exceed $100 in amount or value, and may be fined not more than $10,000 or

imprisoned for not more than three years and six months, or both, if the violation
exceeds $100 in amount or value.
This bill provides that if any person, including a candidate or committee other
than a conduit, makes a disbursement to support or oppose a candidate for a major
state office (governor, lieutenant governor, attorney general, secretary of state, state
treasurer, or state superintendent of public instruction) without first reporting to the
extent required under the bill, the offender is subject to a forfeiture (civil penalty) of
not more than $500 for each day of violation. The bill also provides that if any person,
including any of these candidates or committees, makes one or more disbursements
or other expenditures for such a purpose in an amount that is more or less than the
amount reported by that person:
l. By more than 5 percent but not more than 10 percent, the person must forfeit
four times the amount of the difference.
2. By more than 10 percent but not more than 15 percent, the person must
forfeit six times the amount of the difference.
3. By more than 15 percent, the person must forfeit eight times the amount of
the difference.
Public broadcasting television stations and public access channels
Current law requires that free time on public broadcasting television stations
and public access channels be provided to candidates for state office. Under current
law, the Federal Communications Commission grants licenses for the operation of
public broadcasting television stations. Also under current law, a city, village, or
town is authorized to grant a franchise to a person that allows that person to operate
a cable television system in the city, village, or town. Under the franchise, the person
may be required to provide cable television channels that the city, village, or town
may use for public, educational, or governmental purposes. A channel that is used
exclusively for public, rather than educational or governmental purposes, is
commonly referred to as a public access channel. A city, village, or town may operate
a public access channel, or a city, village, or town may allow another person to operate
the channel. Current law requires the Government Accountability Board to
promulgate rules that require licensees of public broadcasting stations and
operators of public access channels to provide a minimum amount of free time to
candidates for state office at general, spring, and special elections. The rules must
require the same amount of time for each candidate for a particular state office, but
may require different amounts of time for different offices.
This bill repeals these provisions.
Individual income tax credit
This bill creates a nonrefundable individual income tax credit for contributions
to the Public Integrity Endowment. Under the bill, an individual may claim as an
income tax credit, up to the amount of the individual's income tax liability, any
amount that he or she contributes to the Public Integrity Endowment. If a married
couple files a joint return, each spouse may claim the credit.
Public financing of campaigns for justice
This bill makes numerous changes in the campaign finance law affecting
campaigns for the office of justice of the supreme court. The bill limits the application

of the Wisconsin election campaign fund, under which eligible candidates for certain
state offices (including justice of the supreme court) may currently receive public
grants from state general purpose revenues derived from designations made by
individuals filing state income tax returns, to state offices other than the office of
justice. To finance elections for the office of justice of the supreme court, the bill
creates a democracy trust fund, under which eligible candidates for this office may
receive public grants derived from general purpose revenues.
Under the bill, a candidate for the office of justice of the supreme court may
qualify for public financing from the democracy trust fund to finance a campaign in
a primary or election by receiving qualifying contributions from at least 1,000
separate contributors who are electors of this state in amounts of not less than $5 nor
more than $100 in an aggregate amount of at least $5,000 but not more than $15,000.
A candidate who accepts public financing may also accept "seed money"
contributions from electors of this state in amounts of $100 or less, subject to
aggregate limitations, and may contribute personal funds in specified amounts
during specified periods. In order to qualify for a public financing benefit for the
primary, a candidate at the spring primary must have an opponent who qualifies to
have his or her name appear on the ballot at the primary, and in order to qualify for
a public financing benefit for the spring election, a candidate at the election must
have an opponent who qualifies to have his or her name appear on the ballot at the
election. A candidate who accepts a public financing benefit may not accept any
contributions other than qualifying and seed money contributions and contributions
from personal funds within the limitations permitted. Public financing benefits for
eligible candidates are $100,000 in the spring primary and $300,000 in the spring
election. The benefits are subject to a biennial cost of living adjustment. A candidate
who accepts more than a specified amount of qualifying or seed money contributions
has the excess deducted from his or her public financing benefit. In addition, if a
candidate's opponent declines to accept a public financing benefit and makes
expenditures in a total amount that exceeds by more than 5 percent the amount
permitted for a candidate who accepts a public financing benefit, the candidate who
accepts a public financing benefit receives additional funding equivalent to the
excess expenditures made by his or her opponent, but may not receive more than
three times the amount of the public financing benefit for the office that the
candidate seeks. A candidate also receives additional public financing equivalent to
any independent expenditures made against the candidate or in support of his or her
opponents if those expenditures exceed by more than 20 percent the amount of the
public financing benefit for the office that the candidate seeks, but may not receive
more than three times the amount of that benefit.
The bill provides that if a candidate makes disbursements that exceed the total
amount of the public financing benefit allocated to the candidate and the total
qualifying and seed money contributions lawfully accepted by the candidate, the
candidate is subject to a forfeiture (civil penalty) of not more than ten times the
amount by which his or her disbursements exceed the allocation. In addition, the bill
provides that a candidate who accepts contributions in excess of any limitation
imposed under the bill is subject to a forfeiture of not more than ten times the amount

by which the contributions exceed the applicable limitation. The bill also provides
that if any candidate or agent of a candidate knowingly accepts more contributions
than the candidate is entitled to receive, or makes disbursements exceeding the total
amount of the public financing benefit received by the candidate and the qualifying
and seed money contributions lawfully received by the candidate, the candidate or
agent may be fined not more than $25,000 or imprisoned for not more than ten years,
or both. Under the bill, any person who, in connection with the receipt or
disbursement of a public financing benefit, knowingly provides false information to
the Government Accountability Board, or knowingly conceals or withholds
information from the board, is subject to the same penalty.
Currently, a candidate for the office of justice of the supreme court may qualify
to receive a grant from the Wisconsin election campaign fund for use in an election
campaign only (no funding is provided for primary campaigns). In order to qualify
for a grant, a candidate must qualify to have his or her name appear on the spring
election ballot and must have an opponent who qualifies to have his or her name
appear on that ballot. The maximum amount of a grant that a candidate may receive
is $97,031. This amount is not subject to any cost of living adjustment. In addition,
this amount is reduced by the total amount of contributions received by a candidate
from special interest committees and this amount may not be fully funded in a
particular year if there are not sufficient moneys in the Wisconsin election campaign
fund to provide full financing for all qualifying candidates. A candidate must agree
to abide by spending and self-contribution limits in order to receive a grant, but this
agreement does not apply if the candidate has an opponent who could have qualified
for a grant but declines to do so and declines to file an affidavit of voluntary
compliance with spending and self-contribution limits.
Currently, individuals and committees making political contributions to
candidates for the office of justice of the supreme court are subject to limitations on
the amount or value of any contribution or contributions that may be made
cumulatively to any candidate in a campaign. The limitations are $10,000 in the case
of an individual making a contribution to a candidate and $8,625 in the case of a
committee making a contribution to a candidate. This bill replaces these limitations
with a contribution limitation of $1,000 applicable to an individual or committee
making any contribution or contributions cumulatively during a campaign period to
any candidate for the office of justice of the supreme court who is eligible to qualify
for a public financing benefit but who declines to accept one.
The changes take effect on June 1, 2010.
Nonseverability
Currently, if any part of an act is found by a court to be invalid, those parts that
are valid are severed from the invalid part and the severed parts continue in force.
This bill provides that, if any of the following parts of the bill is unconstitutional, then
all of the following parts are void: 1) parts relating to the reporting of certain
expenditures and obligations by candidates and special interest committees; and 2)
parts relating to the provision of supplemental grants to candidates whose
opponents exceed disbursement limitations or who are opposed or whose opponents

are supported by any reportable disbursements by candidates or independent
disbursements or obligations, including those that are reportable under current law.
Initial applicability
All campaign finance changes under the bill apply to elections held on or after
December 1 following the date of publication of the act resulting from enactment of
the bill, except that the directive to incorporate a Public Integrity Endowment takes
effect on the day on which the bill becomes law. Under the bill, changes to the income
tax checkoff and the creation of an individual income tax credit for contributions to
the endowment apply to taxable years beginning on January 1 of the year in which
the bill becomes law, if the bill becomes law by July 31, in any year, or otherwise to
taxable years beginning on January 1 of the following year.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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, s. 1 1Section 1. 5.02 (13) of the statutes is amended to read:
AB388,16,72 5.02 (13) "Political party" or "party" means a state committee registered under
3s. 11.05 and organized exclusively for political purposes under whose name
4candidates appear on a ballot at any election, and all county, congressional,
5legislative, local and other affiliated committees authorized to operate under the
6same name. For purposes of ch. 11, the term does not include a legislative campaign
7committee or
a committee filing an oath under s. 11.06 (7).
AB388, s. 2 8Section 2. 7.08 (2) (c) and (cm) of the statutes are amended to read:
AB388,17,79 7.08 (2) (c) As soon as possible after the canvass of the spring and September
10primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
11September, transmit to the state treasurer a certified list of all eligible candidates
12for state office who have filed applications under s. 11.50 (2) and whom the board

1determines to be are eligible to receive payments grants from the Wisconsin election
2campaign fund. The board shall also electronically transmit a similar list containing
3the name of each candidate whom the board determines is eligible to receive a grant
4under s. 11.50 (9) (ba) or (bb) within 24 hours after the candidate qualifies to receive
5such a grant. Each
list shall contain each candidate's name, the mailing address
6indicated upon the candidate's registration form, the office for which the individual
7is a candidate and the party or principle which he or she represents, if any.
AB388,17,218 (cm) As soon as possible after the canvass of a special primary, or the date that
9the primary would be held, if required, transmit to the state treasurer a certified list
10of all eligible candidates for state office who have filed applications under s. 11.50 (2)
11and whom the board determines to be eligible to receive a grant grants from the
12Wisconsin election campaign fund prior to the election. The board shall also transmit
13a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and
14whom the board determines to be eligible to receive a grant grants under s. 11.50 (1)
15(a) 2. 1. b. after the special election. The board shall electronically transmit a similar
16list containing the name of each candidate whom the board determines is eligible to
17receive a grant under s. 11.50 (9) (ba) or (bb) within 24 hours after the candidate
18qualifies to receive such a grant. Each
list shall contain each candidate's name, the
19mailing address indicated upon the candidate's registration form, the office for which
20the individual is a candidate and the party or principle which he or she represents,
21if any.
AB388, s. 3 22Section 3. 7.08 (2) (cs) of the statutes is created to read:
AB388,17,2523 7.08 (2) (cs) In each even-numbered year, certify to the state treasurer for the
24period beginning with the month following certification and ending with the month
25in which the next certification is made by the board:
AB388,18,4
11. No later than July 1, the name of each political party that qualifies under
2s. 11.50 (1) (am) 1. as an eligible political party as of the preceding June 1 and whose
3state chairperson has filed a written request to establish an account for the party
4under s. 11.50 (2s) (a).
AB388,18,85 2. No later than December 15, the name of each political party that qualifies
6under s. 11.50 (1) (am) 2. as an eligible political party as of the date of the preceding
7general election and whose state chairperson has filed a written request to establish
8an account for the party under s. 11.50 (2s) (a).
AB388, s. 4 9Section 4. 8.30 (2) of the statutes is amended to read:
AB388,18,1710 8.30 (2) If no registration statement has been filed by or on behalf of a candidate
11for state or local office in accordance with s. 11.05 (2g) or (2r) by the applicable
12deadline for filing nomination papers by such the candidate, or the deadline for filing
13a declaration of candidacy for an office for which nomination papers are not filed, the
14name of the candidate may not appear on the ballot. This subsection may not be
15construed to exempt a candidate an individual from applicable penalties if the
16individual is a candidate, as defined in s. 11.01 (1), and
he or she files a registration
17statement later than the time prescribed in ss. 11.01 (1) and s. 11.05 (2g).
AB388, s. 5 18Section 5. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:
AB388,19,219 8.35 (4) (a) 1. a. Donated to the former candidate's local or state political party
20if
If the former candidate was a partisan candidate or, donated to the former
21candidate's local or state political party,
donated to the a charitable organization of
22the former candidate's choice or the charitable organization chosen
, or transferred
23to the board for deposit in the Wisconsin election campaign fund, as instructed by the
24former candidate or, if the candidate left no instruction, as instructed
by the former

1candidate's next of kin if the former candidate is deceased, or if no choice is made
2returned to the donors on a proportional basis
; or
AB388,19,83 b. If the former candidate was a nonpartisan candidate, donated to the a
4charitable organization of the former candidate's choice or the or the charitable
5organization chosen
or transferred to the board for deposit in the Wisconsin election
6campaign fund, as instructed by the former candidate or, if the candidate left no
7instruction, as instructed
by the former candidate's next of kin if the former
8candidate is deceased
; or
AB388, s. 6 9Section 6. 8.35 (4) (b) of the statutes is amended to read:
AB388,19,2310 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
11received by a candidate from the Wisconsin election campaign fund shall be
12immediately transferred to any candidate who is appointed to replace such
13candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is
14no candidate appointed or if no proper application is filed within 7 days of the date
15on which the vacancy occurs, such moneys shall revert to the state as provided in s.
1611.50 (8). Notwithstanding par. (a), any unspent and unencumbered moneys
17received by a candidate from the democracy trust fund shall be immediately
18transferred to any candidate who is appointed to replace that candidate upon filing
19of a proper application therefor under s. 11.502 (1). For purposes of qualification,
20contributions received and disbursements made by the former candidate are
21considered to have been received or made by the replacement candidate. If there is
22no candidate appointed or if no proper application is filed within 7 days of the date
23on which a vacancy occurs, the moneys shall revert to the state.
AB388, s. 7 24Section 7. 8.35 (4) (c) and (d) of the statutes are amended to read:
AB388,20,11
18.35 (4) (c) The transfer to the replacement candidate under par. (b) shall be
2made and reported to the appropriate filing officer in a special report submitted in
3a special report submitted
by the former candidate's campaign treasurer. If the
4former candidate is deceased and was serving as his or her own campaign treasurer,
5the former candidate's petitioner or personal representative shall file the report and
6make the transfer required by par. (b), if any and file the report. The report shall be
7made at the appropriate interval under s. 11.20 (2) or (4) or in the manner required
8under s. 11.21 (16), if applicable, and shall
include a complete statement of all
9contributions, disbursements and incurred obligations pursuant to s. 11.06 (1)
10covering the period from the day after the last date covered on the former candidate's
11most recent report to the date of disposition.
AB388,20,1512 (d) The newly appointed candidate shall file his or her report at the next
13appropriate interval under s. 11.20 (2) or (4) after his or her appointment or in the
14manner required under s. 11.21 (16), if applicable
. The appointed candidate shall
15include any transferred funds moneys in his or her first report.
AB388, s. 8 16Section 8. 11.001 (1m) of the statutes is created to read:
AB388,20,2317 11.001 (1m) The legislature finds and declares that the function of judges and
18justices, who must independently apply the law, is fundamentally distinct from that
19of elective legislative and executive branch officials who take positions on issues that
20are influenced by, and represent the will of, their constituencies. The legislature
21therefore finds that because it is improper for a mass communication to seek to
22persuade a judge or justice to take a position on an issue, any such communication
23should be deemed to have been made for a political purpose.
AB388, s. 9 24Section 9. 11.001 (2m) of the statutes is created to read:
AB388,21,8
111.001 (2m) The legislature finds a compelling justification for minimal
2disclosure of all communications made near the time of an election that include a
3reference to a clearly identified candidate at that election, an office to be filled at that
4election, or a political party in order to permit increased funding for candidates who
5are affected by those communications. The legislature finds that this minimal
6disclosure burden is outweighed by the need to establish an effective funding
7mechanism for affected candidates to effectively respond to communications that
8may impact an election.
AB388, s. 10 9Section 10. 11.01 (12s) of the statutes is repealed.
AB388, s. 11 10Section 11. 11.01 (12v) of the statutes is created to read:
AB388,21,1511 11.01 (12v) "Mass communication" means a message that is disseminated by
12means of one or more communications media, a mass electronic communication, a
13mass distribution, or a mass telephoning, but not including a bona fide poll
14conducted for the purpose of objectively identifying or collecting data concerning the
15attitudes or preferences of electors.
AB388, s. 12 16Section 12. 11.01 (12w) of the statutes is created to read:
AB388,21,1817 11.01 (12w) "Mass distribution" means the distribution of 50 or more pieces of
18substantially identical material.
AB388, s. 13 19Section 13. 11.01 (13) of the statutes is created to read:
AB388,21,2220 11.01 (13) "Mass electronic communication" means the transmission of 50 or
21more pieces of substantially identical material by means of electronic mail or
22facsimile transmission.
AB388, s. 14 23Section 14. 11.01 (14) of the statutes is created to read:
AB388,21,2524 11.01 (14) "Mass telephoning" means the making of 50 or more telephone calls
25conveying a substantially identical message.
AB388, s. 15
1Section 15. 11.01 (16) (a) 3. of the statutes is created to read:
AB388,22,72 11.01 (16) (a) 3. Except for purposes of s. 11.38 (1m), a mass communication,
3other than a communication that is exempt from reporting under s. 11.29, that is
4made during the period beginning on the 60th day preceding an election and ending
5on the date of that election, and that includes a reference to a candidate whose name
6is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election,
7a reference to an office to be filled at that election, or a reference to a political party.
AB388, s. 16 8Section 16. 11.01 (16) (a) 4. of the statutes is created to read:
AB388,22,129 11.01 (16) (a) 4. A mass communication that refers to a judicial office and either
10focuses on and takes a position for or against a judicial candidate's position on an
11issue or takes a position on that judicial candidate's character, qualifications, or
12fitness for office.
AB388, s. 17 13Section 17. 11.01 (16) (b) of the statutes is renumbered 11.01 (16) (b) (intro.)
14and amended to read:
AB388,22,1615 11.01 (16) (b) (intro.) A "political purpose" does not include expenditures any
16of the following:
AB388,22,19 171. An expenditure made for the purpose of supporting or defending a person
18who is being investigated for, charged with or convicted of a criminal violation of state
19or federal law, or an agent or dependent of such a person.
AB388, s. 18 20Section 18. 11.01 (16) (b) 2. of the statutes is created to read:
AB388,23,221 11.01 (16) (b) 2. Unless the communication is susceptible of no reasonable
22interpretation other than as an appeal to vote for or against a candidate whose name
23is certified to appear on a ballot at an election, a mass communication that either
24focuses on and takes a position on a legislative or executive issue and urges the public

1to adopt the position and to contact one or more public officials about the issue or
2proposes a commercial transaction and does not do any of the following:
AB388,23,33 a. Support or oppose a candidate's record on an issue.
AB388,23,54 b. Mention an election, a candidacy, an opposing candidate, a political party,
5or voting by the general public.
AB388,23,66 c. Take a position on a candidate's character, qualifications, or fitness for office.
AB388, s. 19 7Section 19. 11.01 (17g) and (17r) of the statutes are repealed.
AB388, s. 20 8Section 20. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended
9to read:
AB388,23,1710 11.05 (1) (a) Except as provided in s. 9.10 (2) (d), every committee, other than
11a personal campaign committee, and every political group subject to registration
12under s. 11.23 which
that makes or accepts contributions, incurs obligations, or
13makes disbursements in a calendar year in an aggregate amount in excess of $25
14shall file a statement with the appropriate filing officer giving the information
15required by sub. (3). In the case of any committee other than a personal campaign
16committee, the
The statement shall be filed by the treasurer. A personal campaign
17committee shall register under sub. (2g) or (2r).
AB388, s. 21 18Section 21. 11.05 (1) (b) of the statutes is created to read:
AB388,23,2219 11.05 (1) (b) Every political group subject to registration under s. 11.23 that
20makes or accepts contributions, incurs obligations, or makes disbursements in a
21calendar year in an aggregate amount in excess of $100 shall file a statement with
22the appropriate filing officer giving the information required by sub. (3).
AB388, s. 22 23Section 22. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended
24to read:
AB388,24,8
111.05 (2) (a) Except as provided in s. 9.10 (2) (d), every individual, other than
2a candidate or agent of a candidate, who accepts contributions, incurs obligations,
3or makes disbursements with respect to one or more elections for state or local office
4in a calendar year in an aggregate amount in excess of $25 shall file a statement with
5the appropriate filing officer giving the information required by sub. (3). An
6individual who guarantees a loan on which an individual, committee or group subject
7to a registration requirement defaults is not subject to registration under this
8subsection paragraph solely as a result of such default.
AB388, s. 23 9Section 23. 11.05 (2) (b) of the statutes is created to read:
AB388,24,1310 11.05 (2) (b) Every individual who accepts contributions, incurs obligations, or
11makes disbursements with respect to one or more referenda in a calendar year in an
12aggregate amount in excess of $100 shall file a statement with the appropriate filing
13officer giving the information required by sub. (3).
AB388, s. 24 14Section 24. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and
15amended to read:
AB388,25,1116 11.06 (2m) (a) Any person, committee or group, other than a committee or an
17individual or committee required to file an oath under s. 11.06 (7) sub. (7), who or
18which does not anticipate accepting contributions, making disbursements , or
19incurring obligations in an aggregate amount in excess of $1,000 in a calendar year
20and does not anticipate accepting any contribution or contributions from a single
21source, other than contributions made by a candidate to his or her own campaign,
22exceeding $100 in that any calendar year may indicate on its registration statement
23that the person, committee, or group will not accept contributions, incur obligations,
24or make disbursements in the aggregate in excess of $1,000 in any calendar year and
25will not accept any contribution or contributions from a single source, other than

1contributions made by a candidate to his or her own campaign, exceeding $100 in
2such any calendar year. Any registrant making such an indication is not subject to
3any filing requirement if the statement is true. The registrant need not file a
4termination report. A registrant not making such an indication on a registration
5statement is subject to a filing requirement. The indication may be revoked and the
6registrant is then subject to a filing requirement as of the date of revocation, or the
7date that aggregate contributions, disbursements, or obligations for the calendar
8year exceed $1,000, or the date on which the registrant accepts any contribution or
9contributions exceeding $100 from a single source, other than contributions made by
10a candidate to his or her own campaign, during that any calendar year, whichever
11is earlier. If the revocation is not timely, the registrant violates s. 11.27 (1).
AB388, s. 25 12Section 25. 11.05 (3) (c) of the statutes is amended to read:
AB388,25,1613 11.05 (3) (c) In the case of a committee, a statement as to whether the
14committee is a personal campaign committee, a political party committee, a
15legislative campaign committee,
a support committee, or a special interest
16committee.
AB388, s. 26 17Section 26. 11.05 (3) (m) of the statutes is created to read:
AB388,25,2018 11.05 (3) (m) In the case of a personal campaign committee, the name of the
19candidate on whose behalf the committee was formed or intends to operate and the
20office or offices that the candidate seeks.
AB388, s. 27 21Section 27. 11.05 (3) (o) of the statutes is repealed.
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