AB746, s. 10 9Section 10. 5.37 of the statutes, as affected by 2011 Wisconsin Acts 23 and 32,
10is repealed.
AB746, s. 11 11Section 11. 5.40 (title) of the statutes is amended to read:
AB746,6,12 125.40 (title) Use of voting machines or systems.
AB746, s. 12 13Section 12. 5.40 (1) of the statutes is amended to read:
AB746,6,2014 5.40 (1) Except as permitted in sub. (3) or as required in subs. (4) to (5m) and
15(6), the governing body or board of election commissioners of every municipality with
16a population of 10,000 or more before July 1, 1995, or of 7,500 or more thereafter shall
17require the use of voting machines or electronic voting systems in every ward in the
18municipality at every election. Any other governing body or board of election
19commissioners may adopt and purchase voting machines or electronic voting
20systems for use in any ward in the municipality at any election.
AB746, s. 13 21Section 13. 5.40 (2) of the statutes is amended to read:
AB746,6,2322 5.40 (2) Only voting machines complying with s. 5.37 or electronic voting
23systems approved under s. 5.91 may be used in an election in this state.
AB746, s. 14 24Section 14. 5.40 (3) (intro.) of the statutes is amended to read:
AB746,7,3
15.40 (3) (intro.) Notwithstanding sub. (1), any municipality may elect to utilize
2paper ballots and voting booths instead of voting machines or an electronic voting
3system:
AB746, s. 15 4Section 15. 5.40 (3) (b) of the statutes is repealed.
AB746, s. 16 5Section 16. 5.40 (4) of the statutes is repealed.
AB746, s. 17 6Section 17. 5.40 (5) of the statutes is repealed.
AB746, s. 18 7Section 18. 5.40 (5m) of the statutes is amended to read:
AB746,7,118 5.40 (5m) Notwithstanding sub. (1), the governing body of a municipality
9which uses voting machines or an electronic voting system may petition the board
10for permission to use paper ballots and voting booths for a specific election, and the
11board may grant such a request.
AB746, s. 19 12Section 19. 5.40 (6) of the statutes is amended to read:
AB746,7,1513 5.40 (6) A municipality which utilizes voting machines or an electronic voting
14system at a polling place may permit use of the machines or system by electors voting
15under s. 6.15 only as authorized under s. 6.15 (3).
AB746, s. 20 16Section 20. 5.40 (7) of the statutes is amended to read:
AB746,7,2217 5.40 (7) Whenever a municipality adopts and purchases voting machines or an
18electronic voting system, or adopts and purchases a different type of voting machine
19or
electronic voting system from the type it was previously using, the municipal clerk
20or executive director of the municipal board of election commissioners shall promptly
21notify the county clerk or executive director of the county board of election
22commissioners and the administrator of the elections division of the board in writing.
AB746, s. 21 23Section 21. 5.51 (6) of the statutes is amended to read:
AB746,8,224 5.51 (6) All candidates' names for the same office shall be placed, projected or
25composed
on the ballot in the same size, style and color of type. The style and size

1of type shall conform substantially to the official ballot forms prescribed by the board
2under s. 7.08 (1) (a).
AB746, s. 22 3Section 22. 5.53 of the statutes is repealed.
AB746, s. 23 4Section 23. 5.54 of the statutes is amended to read:
AB746,8,8 55.54 Notice to electors. Every ballot , except a voting machine ballot, shall
6bear substantially the following information on the face: "Notice to electors: This
7ballot may be invalid unless initialed by 2 election inspectors. If cast as an absentee
8ballot, the ballot must bear the initials of the municipal clerk or deputy clerk."
AB746, s. 24 9Section 24. 5.55 of the statutes is amended to read:
AB746,8,17 105.55 Information. On every ballot, except a voting machine ballot, shall be
11printed "Official .... Ballot" or "Official .... Ballot for ...." followed by the designation
12of the polling place for which the ballot has been prepared, the date of the election,
13and the official endorsement and blank certificates. The number of the ward or
14wards or aldermanic district, if any, and the name of the municipality may be omitted
15in printing and stamped or written on the ballots at any location which is clearly
16visible at the option of the county clerk. Printed information and initials shall appear
17on the back and outside of the ballot.
AB746, s. 25 18Section 25. 5.56 of the statutes is amended to read:
AB746,9,6 195.56 Multiple columns and rows. Whenever the number of candidates for
20any office requires the use of more than one row or column on a voting machine or
21whenever
the official or agency having the responsibility to determine ballot
22positions determines that the number of candidates for an office requires the use of
23more than one column on a ballot, the official or agency having such responsibility
24shall require that the rows or columns be rotated in such a manner that all rows are
25positioned on top, or all columns are positioned to the left, in an equal number of

1wards or election districts. If the number of wards and election districts in which
2voting for an office is conducted is not equally divisible, the position of the rows or
3columns in the remaining wards or election districts shall be determined by the
4official or agency by the drawing of lots. The number of columns or rows shall be
5determined at the same time that the positions of the candidates' names are
6determined for each primary and election.
AB746, s. 26 7Section 26. 5.62 (1) (a) of the statutes, as affected by 2011 Wisconsin Acts 32
8and 75, is amended to read:
AB746,9,259 5.62 (1) (a) At the partisan primary, the following ballot shall be provided for
10the nomination of candidates of recognized political parties for national, state and
11county offices and independent candidates for state office in each ward, in the same
12form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655.
13The ballots shall be made up of the several party tickets with each party entitled to
14participate in the primary under par. (b) or sub. (2) having its own ballot, except as
15authorized in s. 5.655. The ballots shall be secured together at the bottom. The party
16ballot of the party receiving the most votes for president or governor at the last
17general election shall be on top with the other parties arranged in descending order
18based on their vote for president or governor at the last general election. The ballots
19of parties qualifying under sub. (2) shall be placed after the parties qualifying under
20par. (b), in the same order in which the parties filed petitions with the board. Any
21ballot required under par. (b) 2. shall be placed next in order. At polling places where
22voting machines are used, each party shall be represented in one or more separate
23columns or rows on the ballot.
At polling places where an electronic voting system
24is used other than an electronic voting machine, each party may be represented in
25separate columns or rows on the ballot.
AB746, s. 27
1Section 27. 5.655 (1) of the statutes is amended to read:
AB746,10,92 5.655 (1) Whenever a separate ballot is required to be used, a municipality may
3use a single ballot to facilitate the use of voting machines or an electronic voting
4system or, if the municipality employs paper ballots, may use a consolidated paper
5ballot that is authorized under sub. (2). If a municipality uses a single ballot in lieu
6of separate ballots, the ballot shall include a separate column or row for any office,
7referendum or party for which a separate ballot is required by law and the ballot shall
8be distributed only to electors who are eligible to vote for all of the offices and
9referenda appearing on the ballot.
AB746, s. 28 10Section 28. 5.66 of the statutes is amended to read:
AB746,10,18 115.66 Number of ballots. (1) For local elections, where necessary, municipal
12clerks shall have sufficient ballots printed or otherwise prepared whenever a voting
13system does not utilize printed ballots
to assure a ballot for all electors or voting
14machines
. For all other elections the municipal clerks shall certify to their county
15clerk, on the first day of the 2nd month preceding the month in which the primary
16is held, the approximate number of electors in the municipality. The county clerk
17shall total these estimates and order a sufficient supply to assure ballots for all
18electors and voting machines.
AB746,11,9 19(2) The county clerk or board of election commissioners shall print a sufficient
20number of sample ballots. The municipal clerk or board of election commissioners
21shall print sample ballots whenever the municipality prepares ballots under s. 7.15
22(2) (b) or (c). Sample ballots shall be printed on nonwhite colored paper and shall be
23overprinted "SAMPLE". Voting machine sample ballots shall be a reduced size
24diagram of the face of the board or screen inside the voting machine with all
25candidates, issues and voting instructions as they will appear on the official ballot.


1Sample ballots to be used with an electronic voting system in which ballots that are
2distributed to electors
are used shall be an actual size copy of the ballot. The clerk
3or board of election commissioners printing the ballots shall distribute the samples
4approximately as follows: 45% shall be kept in the clerk's or board's office and
5distributed to electors requesting them; 45% shall be sent to the municipalities, or,
6if the municipality prints ballots, 45% shall be sent to the county for distribution to
7the electors; and 10% shall be reserved to be sent to the polling places by
8municipalities in proportion to the number certified in sub. (1) and made available
9to electors at the polls on election day.
AB746, s. 29 10Section 29. 5.68 (1) of the statutes is amended to read:
AB746,11,1411 5.68 (1) The cost of acquisition of ballot boxes and voting booths, voting
12machines
or electronic voting systems and regular maintenance thereof shall be
13borne by the municipalities in which the boxes, booths, machines or systems are
14used.
AB746, s. 30 15Section 30. 5.68 (3) of the statutes is amended to read:
AB746,11,2316 5.68 (3) If voting machines are used or if an electronic voting system is used
17in which all candidates and referenda appear on the same ballot, the ballots for all
18national, state and county offices and for county and state referenda shall be
19prepared and paid for by the county wherein they are used. If the voting machine
20or
electronic voting system ballot includes a municipal or school, technical college,
21sewerage or sanitary district ballot, the cost of that portion of the ballot shall be
22reimbursed to the county or paid for by the municipality or district, except as
23provided in a 1st class city school district under sub. (2).
AB746, s. 31 24Section 31. 5.72 (1) of the statutes is amended to read:
AB746,12,12
15.72 (1) As soon as possible after ballots are delivered to the county clerk or to
2the municipal clerk if the municipality is preparing ballots under s. 7.15 (2), but not
3later than 3 weeks before any election relating to a state or national office or
4statewide referendum, the county or municipal clerk preparing the ballots shall
5submit one copy of each ballot to the board for review of possible errors. If the
6contractor preparing the ballots supplies proofs in advance of ballot preparation, the
7clerk shall submit one copy of the proofs in lieu of actual ballots. If a voting machine
8ballot or other
ballot combining local candidates or referenda with state or national
9candidates or referenda is used, the entire ballot shall be submitted, but if ballots
10intended for distribution to electors are used,
otherwise only those ballots relating
11to state or national offices and statewide referenda need be submitted. This
12subsection does not require delay of ballot distribution or mailing of absentee ballots.
AB746, s. 32 13Section 32. 5.76 of the statutes is amended to read:
AB746,12,21 145.76 Adoption, experimentation or discontinuance of systems. The
15governing body or board of election commissioners of any municipality may by
16ordinance or resolution adopt, experiment with, or discontinue any electronic voting
17system authorized by this subchapter and approved under s. 5.91 for use in this state,
18and may purchase or lease materials or equipment for such system to be used in all
19or some of the wards within its jurisdiction, either exclusively or in combination with
20mechanical voting machines, or in combination with paper ballots where such ballots
21are authorized to be used.
AB746, s. 33 22Section 33. 5.77 (1) of the statutes is renumbered 5.77 and amended to read:
AB746,12,25 235.77 Applicable procedures. So far as applicable, the procedure provided
24for voting paper ballots applies when an electronic voting system employing the use
25of ballots distributed to electors
is used.
AB746, s. 34
1Section 34. 5.77 (2) of the statutes is repealed.
AB746, s. 35 2Section 35. 5.78 of the statutes is amended to read:
AB746,13,6 35.78 Voting booths. At polling places where an electronic voting system
4employing the use of ballots distributed to electors is used, the municipality shall
5supply a sufficient number of voting booths for the use of electors as provided in s.
65.35 (2).
AB746, s. 36 7Section 36. 5.81 (1) of the statutes is amended to read:
AB746,13,148 5.81 (1) Whenever the statutes provide for the use of separate ballots or
9columns or rows for offices, parties or referenda, and an electronic voting system in
10which ballots are distributed to electors
is used at a polling place, a single ballot may
11be used for all offices, referenda and parties. The ballot information, whether placed
12on the ballot or on the voting device, shall, as far as practicable, be grouped and
13ordered in the same manner as provided for other ballots under this chapter, except
14that the information on the ballot need not be in separate columns or rows.
AB746, s. 37 15Section 37. 5.81 (3) of the statutes is amended to read:
AB746,13,1916 5.81 (3) If a municipality utilizes an electronic voting system in which ballots
17distributed to electors are employed
, absentee ballots may consist of ballots utilized
18with the system or paper ballots and envelopes voted in person in the office of the
19municipal clerk or voted by mail.
AB746, s. 38 20Section 38. 5.85 (2) (a) of the statutes is amended to read:
AB746,14,1121 5.85 (2) (a) The election officials shall examine the ballots or record of votes cast
22for write-in votes and shall count and tabulate the write-in votes. When an
23electronic voting system is used in which ballots are distributed to electors, before
24separating the remaining ballots from their respective covering envelopes, the
25election officials shall examine the ballots for write-in votes. When an elector has

1cast a write-in vote, the election officials shall compare the write-in vote with the
2votes on the ballot to determine whether the write-in vote results in an overvote for
3any office. In case of an overvote for any office, the election officials shall make a true
4duplicate ballot of all votes on the ballot except for the office that is overvoted, by
5using an official ballot of that kind used by the elector who voted the original ballot,
6and one of the marking devices so as to transfer all votes of the elector except for the
7office overvoted, to an official ballot of that kind used in the ward at that election.
8Unless election officials are selected under s. 7.30 (4) (c) without regard to party
9affiliation, the election officials shall consist in each case of at least one election
10official of each of the 2 major political parties, whenever officials of both parties are
11present.
AB746, s. 39 12Section 39. 5.85 (5) of the statutes is amended to read:
AB746,15,613 5.85 (5) If the municipality has designated a central counting location to be
14used to count ballots under s. 7.51 (1), the inspectors shall count and deposit the
15paper ballots in the container. The inspectors shall then place the slip made out
16under sub. (4) in the container. The inspectors shall also place the tally sheet
17recording the write-in votes and other votes cast on paper ballots, and all other
18ballots, or the record of the votes cast on an electronic voting system where no ballots
19are distributed to electors
, in the container and shall thereupon immediately seal the
20container with an adhesive seal provided by the municipal clerk for the purpose in
21such manner that the seal completely covers the opening in the container, and each
22of the inspectors shall sign the seal. The "Defective Ballots" envelope, and "Original
23Ballots" envelope each shall be securely sealed and the flap or end thereof of each
24signed by the inspectors and returned to the central counting location with the box
25for return of the ballots, enclosed ballots and returns. Thereupon, the municipal

1clerk or 2 of the election officials shall forthwith and by the most direct route
2transport the container and envelopes to the central counting location designated by
3the municipal clerk. Unless election officials are selected under s. 7.30 (4) (c) without
4regard to party affiliation, the election officials shall consist in each case of at least
5one election official of each of the 2 major political parties, whenever officials of both
6parties are present.
AB746, s. 40 7Section 40. 5.90 (1) of the statutes is renumbered 5.90 and amended to read:
AB746,16,2 85.90 Recounts. Except as otherwise provided in this subchapter, recounts of
9votes cast on at an election in which an electronic voting system is used shall be
10conducted in the manner prescribed in s. 9.01. Except as provided in sub. (2) and s.
119.01 (1) (b) 8s., if the ballots are distributed to the electors, the board of canvassers
12shall recount the ballots with using automatic tabulating equipment. The unless the
13petitioner, a candidate at the election, or an elector who voted in a referendum that
14is the subject of a recount files a written demand for the board of canvassers to
15recount the ballots, or the ballots from a specified ward or polling place, by hand, in
16which case the board of canvassers shall recount those ballots by hand. If automatic
17tabulating equipment is used, the
board of canvassers shall test the automatic
18tabulating equipment to be used prior to the recount as provided in s. 5.84, and then
19the official ballots or the record of the votes cast shall be recounted on the automatic
20tabulating equipment. In addition, the board of canvassers shall check the ballots
21for the presence or absence of the initials and other distinguishing marks, shall
22examine the ballots marked "Rejected", "Defective" and "Objected to" to determine
23the propriety of such labels, and shall compare the "Duplicate Overvoted Ballots"
24and "Duplicate Damaged Ballots" with their respective originals to determine the
25correctness of the duplicates. If electronic voting machines are used, the board of

1canvassers shall perform the recount using the permanent paper record of the votes
2cast by each elector, as generated by the machines.
AB746, s. 41 3Section 41. 5.90 (2) and (3) of the statutes are repealed.
AB746, s. 42 4Section 42. 5.91 (6) of the statutes, as affected by 2011 Wisconsin Act 32, is
5amended to read:
AB746,16,116 5.91 (6) The voting device or machine permits an elector in a primary election
7to vote for the candidates of the recognized political party of his or her choice, and
8the automatic tabulating equipment or machine rejects any ballot on which votes are
9cast in the primary of more than one recognized political party, except where a party
10designation is made or where an elector casts write-in votes for candidates of more
11than one party on a ballot that is distributed to the elector.
AB746, s. 43 12Section 43. 5.91 (7) of the statutes is amended to read:
AB746,16,1913 5.91 (7) It permits an elector to vote at an election for all persons and offices
14for whom and for which the elector is lawfully entitled to vote; to vote for as many
15persons for an office as the elector is entitled to vote for; to vote for or against any
16question upon which the elector is entitled to vote; and it rejects all choices recorded
17on a ballot for an office or a measure if the number of choices exceeds the number
18which an elector is entitled to vote for on such office or on such measure, except where
19an elector casts excess write-in votes upon a ballot that is distributed to the elector.
AB746, s. 44 20Section 44. 5.91 (9) of the statutes is amended to read:
AB746,16,2321 5.91 (9) It prevents an elector from voting for the same person more than once
22for the same office, except where an elector casts excess write-in votes upon a ballot
23that is distributed to the elector
.
AB746, s. 45 24Section 45. 5.91 (18) of the statutes is repealed.
AB746, s. 46 25Section 46. 5.91 (19) of the statutes is created to read:
AB746,17,2
15.91 (19) It requires the use of an individual printed ballot that is distributed
2to the elector.
AB746, s. 47 3Section 47. 5.94 of the statutes is amended to read:
AB746,17,12 45.94 Sample ballots; publication. When an electronic voting system
5employing a ballot that is distributed to electors is used, the county and municipal
6clerk of the county and municipality in which the polling place designated for use of
7the system is located shall cause to be published, in the type B notices, a true
8actual-size copy of the ballot containing the names of offices and candidates and
9statements of measures to be voted on, as nearly as possible, in the form in which they
10will appear on the official ballot on election day. The notice may be published as a
11newspaper insert. Municipal clerks may post the notice if the remainder of the type
12B notice is posted.
AB746, s. 48 13Section 48. 6.15 (3) of the statutes, as affected by 2011 Wisconsin Act 23, is
14amended to read:
AB746,18,615 6.15 (3) Procedure at polling place. An eligible elector may appear at the
16polling place for the ward or election district where he or she resides and make
17application for a ballot under sub. (2). Except as otherwise provided in this
18subsection, an elector who casts a ballot under this subsection shall follow the same
19procedure required for casting a ballot at the municipal clerk's office under sub. (2).
20The inspectors shall perform the duties of the municipal clerk, except that the
21inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk
22and the clerk shall forward the card as provided in sub. (2) (c) if required. Upon
23proper completion of the application and cancellation card and verification of the
24proof of identification and proof of residence, whenever required, as provided in sub.
25(2) (bm), the inspectors shall permit the elector to cast his or her ballot for president

1and vice president. The elector shall mark the ballot and, unless the ballot is utilized
2with an electronic voting system, the elector shall fold the ballot, and deposit the
3ballot into the ballot box or give it to the inspector. The inspector shall deposit it
4directly into the ballot box. Voting machines or ballots Ballots utilized with
5electronic voting systems may only be used by electors voting under this section if
6they permit voting for president and vice president only.
AB746, s. 49 7Section 49. 6.80 (1) of the statutes is amended to read:
AB746,18,128 6.80 (1) Voting booth or machine use. Only one individual at a time is
9permitted to occupy a voting booth or machine, except that an elector who is a parent
10or guardian may be accompanied by the elector's minor child or minor ward, and an
11elector who qualifies for assistance under s. 6.82 (2) may be assisted as provided in
12that subsection.
AB746, s. 50 13Section 50. 6.80 (2) (a) of the statutes is amended to read:
AB746,18,1914 6.80 (2) (a) Upon receiving his or her ballot and without leaving the polling
15place, the elector shall enter an unoccupied voting booth or machine alone to cast his
16or her vote, except as authorized in sub. (1). An elector may use or copy an unofficial
17sample ballot which may be marked in advance of entering the polling place, but an
18elector may not use or bring into the polling place any ballot printed upon paper of
19the type required or utilized for official ballots at that polling place.
AB746, s. 51 20Section 51. 6.80 (2) (am) of the statutes is amended to read:
AB746,19,221 6.80 (2) (am) In partisan primaries, an elector may vote for a person as the
22candidate of the party of the elector's choice, if that person's name does not appear
23on the official ballot of that party, by writing in the name of the person in the space
24provided on the ballot or the ballot provided for that purpose, or where voting

1machines are used, in the irregular ballot device,
designating the party for which the
2elector desires such person to be the nominee.
AB746, s. 52 3Section 52. 6.80 (2) (f) of the statutes is amended to read:
AB746,19,154 6.80 (2) (f) In the presidential preference primary and other partisan primary
5elections at polling places where ballots are distributed to electors, unless the ballots
6are prepared under s. 5.655 or are utilized with an electronic voting system in which
7all candidates appear on the same ballot, after the elector prepares his or her ballot
8the elector shall detach the remaining ballots, fold the ballots to be discarded and fold
9the completed ballot unless the ballot is intended for counting with automatic
10tabulating equipment. The elector shall then either personally deposit the ballots
11to be discarded into the separate ballot box marked "blank ballot box" and deposit
12the completed ballot into the ballot box indicated by the inspectors, or give the ballots
13to an inspector who shall deposit the ballots directly into the appropriate ballot
14boxes. The inspectors shall keep the blank ballot box locked until the canvass is
15completed and shall dispose of the blank ballots as prescribed by the municipal clerk.
AB746, s. 53 16Section 53. 6.80 (3) (title) of the statutes is amended to read:
AB746,19,1717 6.80 (3) (title) Time in booth or machine.
AB746, s. 54 18Section 54. 6.80 (3) (b) of the statutes is amended to read:
AB746,19,2119 6.80 (3) (b) If an elector refuses to leave the booth or machine after being
20notified by one of the inspectors that the time has expired, the elector shall be
21removed by the inspectors.
AB746, s. 55 22Section 55. 6.82 (2) (a) and (b) of the statutes are amended to read:
AB746,20,723 6.82 (2) (a) If an elector declares to the presiding election official that he or she
24cannot read or write, or has difficulty in reading, writing or understanding English
25or that due to disability is unable to mark a ballot or depress a button or lever on a

1voting machine
, the elector shall be informed by the officials that he or she may have
2assistance. When assistance is requested, the elector may select any individual to
3assist in casting his or her vote. The selected individual rendering assistance may
4not be the elector's employer or an agent of that employer or an officer or agent of a
5labor organization which represents the elector. The selected individual shall certify
6on the back of the ballot that it was marked with his or her assistance. Where voting
7machines are used, certification shall be made on the registration list.
AB746,20,128 (b) The individual chosen shall enter the voting booth or machine with the
9elector and shall read the names of all candidates on the ballot for each office, and
10ask, "For which one do you vote?". The ballot shall be marked or the lever or button
11depressed
according to the elector's expressed preference. The individual selected
12to assist may not disclose to anyone how the elector voted.
AB746, s. 56 13Section 56. 6.82 (3) of the statutes is repealed.
AB746, s. 57 14Section 57. 6.96 of the statutes is amended to read:
AB746,21,6 156.96 Voting procedure for electors voting pursuant to federal court
16order.
Whenever any elector is allowed to vote at a polling place pursuant to a
17federal court order after the closing time provided under s. 6.78, the inspectors shall,
18before giving the elector a ballot, write on the back of the ballot the notation "s. 6.96".
19If voting machines are used in the municipality where the elector is voting, the
20elector's vote may be received only upon an absentee ballot furnished by the
21municipal clerk which shall have the notation "s. 6.96" written on the back of the
22ballot by the inspectors before the ballot is given to the elector.
When receiving the
23elector's ballot, the inspectors shall provide the elector with the written voting
24information prescribed by the board under s. 7.08 (8). The inspectors shall indicate
25on the list the fact that the elector is voting pursuant to a federal court order. The

1inspectors shall then deposit the ballot. The ballot shall be counted under s. 5.85 or
27.51 unless the order is vacated. If the order is vacated after the ballot is counted, the
3appropriate board or boards of canvassers or the chairperson of the board or his or
4her designee shall reopen the canvass to discount any ballots that were counted
5pursuant to the vacated order and adjust the statements, certifications, and
6determinations accordingly.
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