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S.B. 47 Enrolled

                 

BALLOT REQUIREMENTS ON LEGISLATIVE

                 
AND INITIATIVE PROPOSALS

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Millie M. Peterson

                  This act modifies ballot requirements for regular general elections and municipal general
                  elections. This act establishes the title naming conventions for ballot propositions submitted
                  to the voters and makes technical corrections.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      20A-6-301, as last amended by Chapter 1, Laws of Utah 1995
                      20A-6-303, as enacted by Chapter 2, Laws of Utah 1994
                      20A-6-402, as enacted by Chapter 2, Laws of Utah 1994
                      20A-7-103, as enacted by Chapter 340, Laws of Utah 1995
                      20A-7-209, as last amended by Chapter 21, Laws of Utah 1999
                      20A-7-308, as last amended by Chapters 20 and 153, Laws of Utah 1995
                      20A-7-508, as enacted by Chapter 272, Laws of Utah 1994
                      20A-7-608, as enacted by Chapter 272, Laws of Utah 1994
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 20A-6-301 is amended to read:
                       20A-6-301. Paper ballots -- Regular general election.
                      (1) Each election officer shall ensure that:
                      (a) all ballots furnished for use at the regular general election contain no captions or other
                  endorsements except as provided in this section;
                      (b) (i) the ballot contains a ballot stub at least one inch wide, placed across the top of the
                  ballot, and divided from the rest of ballot by a perforated line;
                      (ii) the ballot number and the words "Judge's Initial ____" are printed on the stub; and
                      (iii) ballot stubs are numbered consecutively;
                      (c) immediately below the perforated ballot stub, the following endorsements are printed


                  in 18-point bold type:
                      (i) "Official Ballot for ____ County, Utah";
                      (ii) the date of the election; and
                      (iii) a facsimile of the signature of the county clerk and the words "county clerk";
                      (d) each ticket is placed in a separate column on the ballot in the order determined by the
                  election officer with the party emblem, followed by the party name, at the head of the column;
                      (e) the party name or title is printed in capital letters not less than 1/4 of an inch high;
                      (f) a circle 1/2 inch in diameter is printed immediately below the party name or title, and the
                  top of the circle is placed not less than two inches below the perforated line;
                      (g) unaffiliated candidates and candidates not affiliated with a registered political party are
                  listed in one column, without a party circle, with the following instructions printed at the head of the
                  column: "All candidates not affiliated with a political party are listed below. They are to be
                  considered with all offices and candidates listed to the left. Only one vote is allowed for each
                  office.";
                      (h) the columns containing the lists of candidates, including the party name and device, are
                  separated by heavy parallel lines;
                      (i) the offices to be filled are plainly printed immediately above the names of the candidates
                  for those offices;
                      (j) the names of candidates are printed in capital letters, not less than 1/8 nor more than 1/4
                  of an inch high in heavy-faced type not smaller than ten-point, between lines or rules 3/8 of an inch
                  apart;
                      (k) a square with sides measuring not less than 1/4 of an inch in length is printed at the right
                  of the name of each candidate;
                      (l) for the offices of president and vice president and governor and lieutenant governor, one
                  square with sides measuring not less than 1/4 of an inch in length is printed opposite a double
                  bracket enclosing the right side of the names of the two candidates;
                      (m) immediately to the right of the unaffiliated ticket on the ballot, the ballot contains a
                  write-in column long enough to contain as many written names of candidates as there are persons

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                  to be elected with:
                      (i) the offices to be filled printed above the blank spaces on the ticket; and
                      (ii) the words "Write-In Voting Column" printed at the head of the column without a 1/2
                  inch circle;
                      (n) when required, the ballot includes a nonpartisan ticket placed immediately to the right
                  of the write-in ticket with the word "NONPARTISAN" in reverse type in an 18-point solid rule
                  running vertically the full length of the nonpartisan ballot copy; and
                      (o) constitutional amendments or other questions submitted to the vote of the people, are
                  printed on the ballot after the list of candidates.
                      (2) Each election officer shall ensure that:
                      (a) each person nominated by any political party or group of petitioners is placed on the
                  ballot:
                      (i) under the party name and emblem, if any; or
                      (ii) under the title of the party or group as designated by them in their certificates of
                  nomination or petition, or, if none is designated, then under some suitable title;
                      (b) the names of all unaffiliated candidates that qualify as required in Title 20A, Chapter 9,
                  Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
                      (c) the names of the candidates for president and vice president are used on the ballot instead
                  of the names of the presidential electors; and
                      (d) the ballots contain no other names.
                      (3) When the ballot contains a nonpartisan section, the election officer shall ensure that:
                      (a) the designation of the office to be filled in the election and the number of candidates to
                  be elected are printed in type not smaller than eight-point;
                      (b) the words designating the office are printed flush with the left-hand margin;
                      (c) the words, "Vote for one" or "Vote for two or more" extend to the extreme right of the
                  column;
                      (d) the nonpartisan candidates are grouped according to the office for which they are
                  candidates;

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                      (e) the names in each group are placed in alphabetical order with the surnames last, except
                  for candidates for the State Board of Education and local school boards;
                      (f) the names of candidates for the State Board of Education are placed on the ballot as
                  certified by the lieutenant governor under Section 20A-14-105 ;
                      (g) if candidates for membership on a local board of education were selected in a primary
                  election, the name of the candidate who received the most votes in the primary election is listed first
                  on the ballot;
                      (h) if candidates for membership on a local board of education were not selected in the
                  primary election, the names of the candidates are listed on the ballot in the order determined by a
                  lottery conducted by the county clerk; and
                      (i) each group is preceded by the designation of the office for which the candidates seek
                  election, and the words, "Vote for one" or "Vote for two or more," according to the number to be
                  elected.
                      (4) Each election officer shall ensure that:
                      (a) proposed amendments to the Utah Constitution are listed on the ballot under the heading
                  "Constitutional Amendment Number __" with the number of the constitutional amendment as
                  assigned under Section 20A-7-103 placed in the blank;
                      (b) propositions submitted to the voters by the Utah Legislature are listed on the ballot under
                  the heading "State Proposition Number __" with the number of the state proposition as assigned
                  under Section 20A-7-103 placed in the blank;
                      (c) propositions submitted to the voters by a county are listed on the ballot under the heading
                  "County Proposition Number __" with the number of the county proposition as assigned by the
                  county legislative body placed in the blank;
                      (d) propositions submitted to the voters by a school district are listed on the ballot under the
                  heading "School District Proposition Number __" with the number of the school district proposition
                  as assigned by the county legislative body placed in the blank;
                      (e) state initiatives that have qualified for the ballot are listed on the ballot under the heading
                  "Citizen's State Initiative Number __" with the number of the state initiative as assigned by Section

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                  20A-7-209 placed in the blank;
                      (f) county initiatives that have qualified for the ballot are listed on the ballot under the
                  heading "Citizen's County Initiative Number __" with the number of the county initiative as assigned
                  under Section 20A-7-508 placed in the blank;
                      (g) state referenda that have qualified for the ballot are listed on the ballot under the heading
                  "Citizen's State Referendum Number __" with the number of the state referendum as assigned under
                  Sections 20A-7-209 and 20A-7-308 placed in the blank; and
                      (h) county referenda that have qualified for the ballot are listed on the ballot under the
                  heading "Citizen's County Referendum Number __" with the number of the county referendum as
                  assigned under Section 20A-7-608 placed in the blank.
                      Section 2. Section 20A-6-303 is amended to read:
                       20A-6-303. Machine-counted ballots for regular general elections.
                      (1) Each election officer shall ensure that:
                      [(1)] (a) copy on the ballot labels are arranged in approximately the same order as paper
                  ballots;
                      [(2)] (b) the titles of offices and the names of candidates are printed in vertical columns or
                  in a series of separate pages;
                      [(3)] (c) if pages are used, the pages placed on the voting device are of sufficient number to
                  include, after the list of candidates:
                      [(a)] (i) the names of candidates for judicial offices and any other nonpartisan offices; and
                      [(b)] (ii) any ballot propositions submitted to the voters for their approval or rejection;
                      [(4)] (d) the ballot labels include a voting square or position where the voter may record a
                  straight party ticket vote for all the candidates of one party by one mark or punch;
                      [(5)] (e) the tickets are printed on the ballot label in the order determined by the county clerk;
                      [(6)] (f) the office titles are printed above or at the side of the names of candidates so as to
                  indicate clearly the candidates for each office and the number to be elected;
                      [(7)] (g) the party designation of each candidate is printed to the right or below the
                  candidate's name; and

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                      [(8) (a)] (h) (i) if possible, all candidates for one office are grouped in one column or upon
                  one page;
                      [(b)] (ii) if all candidates for one office cannot be listed in one column or grouped upon one
                  page:
                      [(i)] (A) the ballot label is clearly marked to indicate that the list of candidates is continued
                  on the following column or page; and
                      [(ii)] (B) approximately the same number of names are printed in each column or on each
                  page; and
                      [(9)] (i) arrows are used to indicate the place to vote for each candidate and on each measure.
                      (2) Each election officer shall ensure that:
                      (a) proposed amendments to the Utah Constitution are listed on the ballot label under the
                  heading "Constitutional Amendment Number __" with the number of the constitutional amendment
                  as assigned under Section 20A-7-103 placed in the blank;
                      (b) propositions submitted to the voters by the Utah Legislature are listed on the ballot label
                  under the heading "State Proposition Number __" with the number of the state proposition as
                  assigned under Section 20A-7-103 placed in the blank;
                      (c) propositions submitted to the voters by a county are listed on the ballot label under the
                  heading "County Proposition Number __" with the number of the county proposition as assigned by
                  the county legislative body placed in the blank;
                      (d) propositions submitted to the voters by a school district are listed on the ballot label
                  under the heading "School District Proposition Number __" with the number of the school district
                  proposition as assigned by the county legislative body placed in the blank;
                      (e) state initiatives that have qualified for the ballot are listed on the ballot label under the
                  heading "Citizen's State Initiative Number __" with the number of the state initiative as assigned
                  under Section 20A-7-209 placed in the blank;
                      (f) county initiatives that have qualified for the ballot are listed on the ballot label under the
                  heading "Citizen's County Initiative Number __" with the number of the county initiative as assigned
                  under Section 20A-7-508 placed in the blank;

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                      (g) state referenda that have qualified for the ballot are listed on the ballot label under the
                  heading "Citizen's State Referendum Number __" with the number of the state referendum as
                  assigned under Sections 20A-7-209 and 20A-7-308 placed in the blank; and
                      (h) county referenda that have qualified for the ballot are listed on the ballot label under the
                  heading "Citizen's County Referendum Number __" with the number of the county referendum as
                  assigned under Section 20A-7-608 placed in the blank.
                      Section 3. Section 20A-6-402 is amended to read:
                       20A-6-402. Ballots for regular municipal elections.
                      (1) Each election officer shall ensure, for paper ballots at municipal general elections, that:
                      (a) the names of the two candidates who received the highest number of votes for mayor in
                  the municipal primary are placed upon the ballot;
                      (b) if no municipal primary election was held, the names of the candidates who filed
                  declarations of candidacy for municipal offices are placed upon the ballot;
                      (c) for other offices:
                      (i) twice the number of candidates as there are positions to be filled are certified as eligible
                  for election in the municipal general election from those candidates who received the greater number
                  of votes in the primary election; and
                      (ii) the names of those candidates are placed upon the municipal general election ballot[.];
                      (d) propositions submitted to the voters by the municipality are listed on the ballot under the
                  heading "City (or Town) Proposition Number __" with the number of the proposition as assigned
                  by the municipal legislative body placed in the blank;
                      (e) municipal initiatives that have qualified for the ballot are listed on the ballot under the
                  heading "Citizen's City (or Town) Initiative Number __" with the number of the municipal initiative
                  as assigned by Section 20A-7-508 placed in the blank; and
                      (f) municipal referenda that have qualified for the ballot are listed on the ballot under the
                  heading "Citizen's City (or Town) Referendum Number __" with the number of the municipal
                  referendum as assigned by Section 20A-7-608 placed in the blank.
                      (2) Each election officer shall ensure that:

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                      (a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across the
                  top of the ballot;
                      (ii) the ballot number and the words "Judge's Initial ____" are printed on the stub; and
                      (iii) ballot stubs are numbered consecutively;
                      (b) immediately below the perforated ballot stub, the following endorsements are printed in
                  18-point bold type:
                      (i) "Official Ballot for ____ (City or Town), Utah";
                      (ii) the date of the election; and
                      (iii) a facsimile of the signature of the election officer and the election officer's title in
                  eight-point type; and
                      (c) immediately below the election officer's title, two one-point parallel horizontal rules
                  separate endorsements from the rest of the ballot;
                      (d) immediately below the horizontal rules, an "Instructions to Voters" section is printed in
                  ten-point bold type that states: "To vote for a candidate, place a cross (X) in the square following the
                  name(s) of the person(s) you favor as the candidate(s) for each respective office." followed by two
                  one-point parallel rules;
                      (e) after the rules, the designation of the office for which the candidates seek election is
                  printed flush with the left-hand margin and the words: "Vote for one" or "Vote for two or more" are
                  printed to extend to the extreme right of the column in ten-point bold type, followed by a hair-line
                  rule;
                      (f) after the hair-line rule, the names of the candidates are printed in heavy face type between
                  lines or rules 3/8 inch apart, alphabetically according to surnames with surnames last and grouped
                  according to the office that they seek;
                      (g) a square with sides not less than 1/4 inch long is printed to the right of the names of the
                  candidates;
                      (h) following the name of the last candidate for each office, the ballot contains a write-in
                  space for each elective office; and
                      (i) the candidate groups are separated from each other by one light and one heavy line or

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                  rule.
                      (3) When a municipality has chosen to nominate candidates by convention or committee,
                  the election officer shall ensure that the party name is included with the candidate's name on the
                  ballot.
                      Section 4. Section 20A-7-103 is amended to read:
                       20A-7-103. Constitutional amendments and other questions -- Procedures for
                  submission to popular vote.
                      (1) The procedures contained in this section govern when:
                      (a) the Legislature submits a proposed constitutional amendment or other question to the
                  voters; and
                      (b) an act of the Legislature is referred to the voters by referendum petition.
                      (2) The lieutenant governor shall, not later than 60 days before the regular general election,
                  publish the full text of the amendment, question, or statute in at least one newspaper in every county
                  of the state where a newspaper is published.
                      (3) The legislative general counsel shall:
                      [(a) designate the amendment or question by number and order of presentation on the ballot;]
                      (a) entitle each proposed constitutional amendment "Constitutional Amendment Number __"
                  and give it a number;
                      (b) entitle each proposed question "State Proposition Number __" and give it a number;
                      (c) entitle each state referendum that has qualified for the ballot "Citizen's State Referendum
                  Number __" and give it a number;
                      [(b)] (d) draft and designate a ballot title that summarizes the subject matter of the
                  amendment or question; and
                      [(c)] (e) deliver them to the lieutenant governor.
                      (4) The lieutenant governor shall certify the number and ballot title of each amendment or
                  question to the county clerk of each county no later than the second Friday after the primary election.
                      (5) The county clerk of each county shall:
                      (a) ensure that both the number and title of the amendment, question, or referendum is

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                  printed on the sample ballots and official ballots; and
                      (b) publish them as provided by law.
                      Section 5. Section 20A-7-209 is amended to read:
                       20A-7-209. Ballot title -- Duties of lieutenant governor and Office of Legislative
                  Research and General Counsel.
                      (1) By July 6 before the regular general election, the lieutenant governor shall deliver a copy
                  of all of the proposed laws that have qualified for the ballot to the Office of Legislative Research and
                  General Counsel.
                      (2) (a) The Office of Legislative Research and General Counsel shall:
                      (i) entitle each state initiative that has qualified for the ballot "Citizen's State Initiative
                  Number __" and give it a number;
                      [(i)] (ii) prepare a ballot title for each initiative; and
                      [(ii)] (iii) return each petition and ballot title to the lieutenant governor by July 20.
                      (b) The ballot title may be distinct from the title of the proposed law attached to the initiative
                  petition, and shall express, in not more than 100 words, the purpose of the measure.
                      (c) The ballot title and the number of the measure as determined by the Office of Legislative
                  Research and General Counsel shall be printed on the official ballot.
                      (d) In preparing ballot titles, the Office of Legislative Research and General Counsel shall,
                  to the best of its ability, give a true and impartial statement of the purpose of the measure.
                      (e) The ballot title may not intentionally be an argument, or likely to create prejudice, for or
                  against the measure.
                      (3) By July 21, the lieutenant governor shall mail a copy of the ballot title to any sponsor of
                  the petition.
                      (4) (a) If the ballot title furnished by the Office of Legislative Research and General Counsel
                  is unsatisfactory or does not comply with the requirements of this section, at least three of the
                  sponsors of the petition may, by July 30, appeal the wording of the ballot title prepared by the Office
                  of Legislative Research and General Counsel to the Supreme Court.
                      (b) The Supreme Court shall:

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                      (i) examine the ballot title;
                      (ii) hear arguments; and
                      (iii) by August 10, certify to the lieutenant governor a ballot title for the measure that fulfills
                  the intent of this section.
                      (c) By September 1, the lieutenant governor shall certify the title verified to him by the
                  supreme court to the county clerks to be printed on the official ballot.
                      Section 6. Section 20A-7-308 is amended to read:
                       20A-7-308. Ballot title -- Duties of lieutenant governor and Office of Legislative
                  Research and General Counsel.
                      (1) Whenever a referendum petition is declared sufficient for submission to a vote of the
                  people, the lieutenant governor shall deliver a copy of the petition and the proposed law to the Office
                  of Legislative Research and General Counsel.
                      (2) (a) The Office of Legislative Research and General Counsel shall:
                      (i) entitle each state referendum that has qualified for the ballot "Citizen's State Referendum
                  Number __" and give it a number;
                      [(i)] (ii) prepare a ballot title for the referendum; and
                      [(ii)] (iii) return the petition and the ballot title to the lieutenant governor within 15 days                   after
                  its receipt.
                      (b) The ballot title may be distinct from the title of the law that is the subject of the petition,
                  and shall express, in not more than 100 words, the purpose of the measure.
                      (c) The ballot title and the number of the measure as determined by the Office of Legislative
                  Research and General Counsel shall be printed on the official ballot.
                      (d) In preparing ballot titles, the Office of Legislative Research and General Counsel shall,
                  to the best of its ability, give a true and impartial statement of the purpose of the measure.
                      (e) The ballot title may not intentionally be an argument, or likely to create prejudice, for or
                  against the measure.
                      (3) Immediately after the Office of Legislative Research and General Counsel files a copy
                  of the ballot title with the lieutenant governor, the lieutenant governor shall mail a copy of the ballot

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                  title to any of the sponsors of the petition.
                      (4) (a) If the ballot title furnished by the Office of Legislative Research and General Counsel
                  is unsatisfactory or does not comply with the requirements of this section, at least three of the
                  sponsors of the petition may, within 15 days of the date the lieutenant governor mails the ballot title,
                  appeal the wording of the ballot title prepared by the Office of Legislative Research and General
                  Counsel to the supreme court.
                      (b) The supreme court shall:
                      (i) examine the ballot title;
                      (ii) hear arguments; and
                      (iii) within five days of its decision, certify to the lieutenant governor a ballot title for the
                  measure that fulfills the intent of this section.
                      (c) The lieutenant governor shall certify the title verified to him by the supreme court to the
                  county clerks to be printed on the official ballot.
                      Section 7. Section 20A-7-508 is amended to read:
                       20A-7-508. Ballot title -- Duties of local clerk and local attorney.
                      (1) Whenever an initiative petition is declared sufficient for submission to a vote of the
                  people, the local clerk shall deliver a copy of the petition and the proposed law to the local attorney.
                      (2) (a) The local attorney shall:
                      (i) entitle each county initiative that has qualified for the ballot "Citizen's County Initiative
                  Number __" and give it a number;
                      (ii) entitle each municipal initiative that has qualified for the ballot "Citizen's City (or Town)
                  Initiative Number __ " and give it a number;
                      [(i)] (iii) prepare a ballot title for the initiative; and
                      [(ii)] (iv) return the petition and the ballot title to the local clerk within 15 days after its
                  receipt.
                      (b) The ballot title may be distinct from the title of the proposed law attached to the initiative
                  petition, and shall express, in not exceeding 100 words, the purpose of the measure.
                      (c) The ballot title and the number of the measure as determined by the local attorney shall

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                  be printed on the official ballot.
                      (d) In preparing ballot titles, the local attorney shall, to the best of his ability, give a true and
                  impartial statement of the purpose of the measure.
                      (e) The ballot title may not intentionally be an argument, or likely to create prejudice, for or
                  against the measure.
                      (3) Immediately after the local attorney files a copy of the ballot title with the local clerk,
                  the local clerk shall serve a copy of the ballot title by mail upon any of the sponsors of the petition.
                      (4) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not comply
                  with the requirements of this section, at least three of the sponsors of the petition may, by motion,
                  appeal the decision of the local attorney to the Supreme Court.
                      (b) The Supreme Court shall examine the measures and hear arguments, and, in its decision,
                  shall certify to the local clerk a ballot title for the measure that fulfills the intent of this section.
                      (c) The local clerk shall print the title verified to him by the Supreme Court on the official
                  ballot.
                      Section 8. Section 20A-7-608 is amended to read:
                       20A-7-608. Ballot title -- Duties of local clerk and local attorney.
                      (1) Whenever a referendum petition is declared sufficient for submission to a vote of the
                  people, the local clerk shall deliver a copy of the petition and the proposed law to the local attorney.
                      (2) (a) The local attorney shall:
                      (i) entitle each county referendum that has qualified for the ballot "Citizen's County
                  Referendum Number __" and give it a number;
                      (ii) entitle each municipal referendum that has qualified for the ballot "Citizen's City (or
                  Town) Referendum Number __ " and give it a number;
                      [(i)] (iii) prepare a ballot title for the referendum; and
                      [(ii)] (iv) return the petition and the ballot title to the local clerk within 15 days after its
                  receipt.
                      (b) The ballot title may be distinct from the title of the law that is the subject of the petition,
                  and shall express, in not exceeding 100 words, the purpose of the measure.

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                      (c) The ballot title and the number of the measure as determined by the local attorney shall
                  be printed on the official ballot.
                      (d) In preparing ballot titles, the local attorney shall, to the best of his ability, give a true and
                  impartial statement of the purpose of the measure.
                      (e) The ballot title may not intentionally be an argument, or likely to create prejudice, for or
                  against the measure.
                      (3) Immediately after the local attorney files a copy of the ballot title with the local clerk,
                  the local clerk shall serve a copy of the ballot title by mail upon any of the sponsors of the petition.
                      (4) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not comply
                  with the requirements of this section, at least three of the sponsors of the petition may, by motion,
                  appeal the decision of the local attorney to the Supreme Court.
                      (b) The Supreme Court shall examine the measures and hear arguments, and, in its decision,
                  shall certify to the local clerk a ballot title for the measure that fulfills the intent of this section.
                      (c) The local clerk shall print the title verified to him by the Supreme Court on the official
                  ballot.

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