March 2024 Ballot Access News Print Edition

KANSAS HOUSE PASSES BILL QUADRUPLING INDEPENDENT STATEWIDE PETITION

On February 22, the Kansas House passed HB 2516 by a vote of 68-52.  It increases the statewide independent candidate petition from 5,000 signatures to 2% of the last gubernatorial vote, which would be 20,180 signatures.  The bill would take effect immediately.

If the bill becomes law, Kansas would have the nation’s most severe procedure for a presidential candidate running outside the major parties, if the states are compared using the easiest method to get on the ballot, and if they are compared on a percentage basis.  Currently Wyoming has the nation’s most severe petition percentage for president, 1.40% of the Wyoming vote for president in 2020.  The bill would put Kansas at 1.47% of the Kansas 2020 presidential vote.

Republicans in the House voted for the bill by a margin of 66 to 16, with three not voting.  Democrats opposed it 36-2, with two not voting.  The Governor, Laura Kelly, is a Democrat, so if the bill passes the Senate, it is possible she will veto it.

If the bill becomes law, independent presidential candidate Robert F. Kennedy, Jr., plans to sue to overturn it.  The bill’s author, Representative Paul Waggoner (R-Hutchinson) says the bill is needed to keep candidates off the ballot who lack popular support.  However, Kansas has required an independent candidate to submit a petition of 2,500 signatures for the period 1897 to 1991, and 5,000 signatures since then, and there are no examples of an independent candidate for statewide offices who lacked any popular support.  Kansas has had very few independent candidates on the ballot for statewide office.

Kansas has had 51 gubernatorial elections since the petition was set at 2,500 signatures in 1897.  In 42 of those elections, no independent gubernatorial candidate appeared on the ballot, and there has never been a gubernatorial election with more than one independent on the ballot.  An independent was on the ballot for Governor in 1914, 1924, 1932, 1938, 1964, 1966, 1970, 1990, and 2022.  The independent candidate in 2022 was a sitting State Senator, Dennis Pyle, who had been re-elected to the State Senate in 2020 with 70% of the vote.

For U.S. Senate, Kansas has had 40 elections since popular election for Senators began in 1914.  Only seven independent candidates for U.S. Senator have ever been on the ballot.  There were two in 1932 and 1966, and there was one each in 1924, 1938, and 1992.

For President, Kansas has had 32 elections in the history of the petition requirement.  Only twenty independent presidential candidates have qualified.  There were three in 1980, two in 1976, 1988 and 1996, and one each in 1908, 1912, 1924, 1928, 1948, 1984, 1992, 2000, 2004, 2008, and 2016.

Furthermore, there would have been even fewer independent candidates if Kansas didn’t have such a difficult petition requirement for new parties.  Most of the independent presidential candidates were really minor party candidates who used the independent procedure because they couldn’t get their party on the ballot.  The party petition is also 2% of the last gubernatorial vote, to be collected in 180 days.  The Green Party has never qualified as a party in Kansas, nor did the Progressive Parties of 1912 and 1948.

It is believed that there has never been an independent candidate for any other statewide office, such as the lesser statewide executive posts.

The purpose of ballot access laws is to keep the ballot from being too crowded.  The historical record shows that Kansas has never suffered from a general election ballot that was too crowded.  One could say the old requirement was too difficult.  In the presidential elections of 1936, 1948, 1952, 1956, and 1960, the presidential candidate who placed third did not qualify in Kansas.

The bill is also unconstitutional because it goes into effect immediately.  Kansas is in the Tenth Circuit.  In 1984, the Tenth Circuit ruled that states cannot make the ballot access rules more difficult in the middle of the petitioning season.  Blomquist v Thomsen prevented Wyoming from passing a severe petition for new parties in April 1984 and making that requirement apply to the 1984 election.


UTAH LEGISLATURE PASSES BILL EASING INDEPENDENT CANDIDATE DEADLINE

On February 15, the Utah legislature passed SB 107, which moves the independent petition deadline for all offices from January to June 15.  It also repeals the law that bans out-of-state circulators for initiative petitions.

This is the first bill that has passed a state legislature so far this year that improves ballot access.  It only happened because of Robert F. Kennedy Jr.’s lawsuit against the deadline.


MICHIGAN SWITCH ON INTRA-PARTY DISPUTES

On February 27, a Michigan state circuit court issued an injunction telling one individual who claims to be the state chair of the Republican Party that she must stop asserting that she is the legitimate chair.  Pego v Karamo, 17th circuit court, 24-658-AZ.  The case is not over and there will be a trial starting on June 10.

Although none of the briefs in that case mention it, the action represents a dramatic change in the attitude of Michigan state courts about whether intra-party disputes can be settled in court.  In 1976, 1980, and 2000, when ballot-qualified minor parties in Michigan had two factions, each claiming to be the legitimate party, both state and federal courts refused to resolve the disputes.  Therefore, neither faction was able to list its presidential nominee on the ballot.

In 1976, the American Independent Party of Michigan had two factions, one of which backed Tom Anderson for President, and the other Lester Maddox.  The Secretary of State refused to decide which faction was legitimate, and both the State Supreme Court and a U.S. District Court refused to order the Secretary of State to decide.  American Independent Party of Michigan v Secretary of State, 247 NW 2d 17; and American Independent Party v Austin, 420 F.Supp. 670.

In 1980, the party still had the same split, and a Circuit Court in Washtenaw County refused any relief, so neither Percy Greaves nor John Rarick were on the November ballot for president.

In 2000, when the national Reform Party had a split between backers of Pat Buchanan and John Hagelin, Michigan was the only state that refused to adjudicate the dispute, and neither candidate was on the ballot.

Buchanan sued the Secretary of State in state circuit court in Ingham County, and when he lost there, he appealed to the State Appeals Court, but he lost.  As a result, Michigan was the only state in which he didn’t appear on the November ballot.

All of those precedents are now wiped away, given that the state courts are adjudicating the Michigan Republican faction fight.


MINNESOTA DEMOCRATS SUE TO REMOVE LEGAL MARIJUANA NOW PARTY

On February 6, the state chair of the Minnesota Democratic Party filed a lawsuit in the State Supreme Court to remove the Legal Marijuana Now Party from the ballot.  Martin v Simon, A24-0216.  The lawsuit contends that the party, which is the only ballot-qualified party in Minnesota other than the two major parties, didn’t hold enough county meetings.

The requirements about party meetings were added in 2023 and are probably unconstitutional.  Two U.S. Supreme Court decisions have said that states cannot tell parties how to structure themselves:  Williams v Rhodes, and Eu v San Francisco County Democratic Central Committee.

The lawsuit was filed too late to stop the party’s presidential primary, which is on March 5.  But the primary for other offices is not until August 13.

This is the second attempt to eliminate the Legal Marijuana Now Party from the 2024 Minnesota ballot.  Last year the legislature passed a bill increasing the vote test for party status from 5% to 8%.  The Legal Marijuana Now Party didn’t meet the 8% standard, but persuaded the legislature to keep the new vote test from going into effect until after the 2024 election.


ROBERT F. KENNEDY SUES IDAHO OVER PETITION DEADLINE

On February 12, Robert F. Kennedy, Jr., filed a federal lawsuit against the March 15 deadline for independent presidential candidates, and also the requirement that the petition list a vice-presidential nominee.  Team Kennedy v McGrane, 1:24cv-83.  Kennedy hasn’t chosen a vice-presidential running mate yet.

The Idaho deadline was in late August, until the legislature moved it to March 15 a few years ago, in defiance of the 1983 U.S. Supreme Court opinion Anderson v Celebrezze.


MORE LAWSUIT NEWS

Arizona:  on February 12, the state’s request for a stay in No Labels Party v Fontes was denied.  This is the case over whether No Labels Party can block candidates from running in its primary for Congress and state offices.  As a result, there will not be any No Labels Party candidates for Congress or state offices, unless the Ninth Circuit reverses the District Court.  The state’s appeal in the Ninth Circuit, case no. 24-563, is not moving very fast.

Colorado:  on February 2, U.S. District Court Judge Philip A. Brimmer refused the Republican Party’s request for a stay in Colorado Republican Party v Griswold, 1:23cv-1948.  The party had sued to try to block independents from voting in its primaries.  State law says the party could block independents if the party’s central committee passed a resolution to do that with 75%, but opponents of the semi-open primary aren’t able to muster that much support.

Delaware:  on February 22, a U.S. District Court ordered the domain NoLabels.com transferred to the No labels organization.  No Labels v NoLabels.com, 1;23cv-1384.  NoLabels.com is a parody site.

Illinois:  on February 28, a state trial judge ruled that votes for Donald Trump in the Republican presidential primary can‘t be counted.  Steven Anderson v Trump, Circuit Court, Cook County, 2024 COEL 000013.  Judge Tracie Porter probably would have removed him from the March 19 Republican presidential primary, but the ballots are already printed.  She stayed her own decision while Trump appeals.

Indiana:  on February 27, the State Supreme Court ruled that John Rust, a Republican candidate for U.S. Senate, should be removed from the May primary ballot.  The law says a candidate can’t get on a primary ballot if he or she didn’t vote in the last two primaries for that particular party, unless the party gives him a waiver.  The Republican Party did not give Rust a waiver, and he did not vote in the last two Republican primaries.  The lower court had struck down the law, but now it is reinstated.

Maine:  on February 21, Robert F. Kennedy, Jr., filed a federal lawsuit against a decision by the Secretary of State that his petitioners can’t work at the polls on presidential primary day, March 5.  Team Kennedy v Bellows, 1:24cv-52.

New Jersey:  on February 26, a Democratic candidate for U.S. Senate, Andy Kim, filed a federal lawsuit against the ballot format used in 19 of the 21 counties.  That format gives a far more prominent spot on the ballot for candidates who are endorsed by the party organization in that county.  Kim v Hanlon, 3:24cv-1098.

There is already a similar lawsuit pending in federal court, Conforti v Hanlon, 3:20cv-8267m but it is moving very slowly because there is no obvious reason to expedite it.  Discovery in the Conforti case won’t be finished until July 28. The Kim case is likely to move much faster, because the primary is on June 4.

New York:  on February 21, the State Supreme Court, Appellate Division, issued an opinion in Fossella v Adams, 2nd Dept., D73920It agrees with the lower court that the State Constitution does not permit New York City to let non-citizens vote in elections for city office.

Oregon:  on February 1, the State Supreme Court issued an opinion in Knopp v Griffin-Valade, S070456.  It interprets a new part of the State Constitution to apply for the 2024 election.  The provision says state legislators who miss too many sessions of the legislature can’t run for re-election.  The plaintiffs, all Republican legislators, had argued the law doesn’t take effect until 2026.

Wisconsin:  on February 2, the State Supreme Court unanimously put Dean Phillips on the Democratic presidential primary ballot.  State law says candidates mentioned in the news media should automatically be on the ballot, but the Elections Commission had inexplicably refused to list Phillips.  Phillips v Wisconsin Elections Commission, 2024AP000138.

Wyoming:  a group that wants to circulate an initiative petition has asked the U.S. Supreme Court to hear Frank v Lee, 23-901.  The issue is the law that doesn’t permit petitioning within 300 feet of a polling place entrance, and also affects car bumper stickers.  The Tenth Circuit had upheld the law.  Generally states set a 100 foot limit.

Federal law:  the U.S. Supreme Court will decide whether to hear Stein v Federal Election Commission, 23-771, on March 15.  The issue is how to compute primary season matching funds.  Jill Stein received such finds in 2016 when she was seeking the Green Party presidential nomination.  The FEC says it overpaid her and wants her to repay over $100,000.  Stein argues that she is not overpaid and that the FEC decision is erroneous.


LEGISLATIVE NEWS

Arizona:  on February 9, Governor Katie Hobbs signed HB 2785, which moves the date of the non-presidential primary from August 6 to July 30.  The bill only affects the 2024 election.  The bill automatically moves the non-presidential independent candidate petition deadline from April 8 to April 1.

Hawaii:  on February 15, the Senate passed SB 2392, which sets out procedures to remove a presidential candidate from the general election ballot if the state finds that he or engaged in insurrection.  The vote was 17-5.

Iowa:  on February 15, the Iowa House State Govt. Committee passed HF 2610, which makes it impossible to remove a presidential candidate from a ballot on qualifications grounds, other than those mentioned in Article Two of the U.S. Constitution.

Maryland:  on March 5, the House Ways & Means Committee will hear HB 1109, which makes electronic signatures on petitions possible.

Mississippi:  on February 28, the Senate Accountability, Efficiency & Transparency Committee passed SB 2522, which provides for the statewide initiative process.  Initiatives would need to pass with 60%, and the petition would require 10% of the number of registered voters.

Rhode Island:  the Libertarian Party has found a representative who will soon introduce a bill to ease the definition of a qualified party from a group that got 5% for President or Governor, to one that polled 2% for any statewide race.  The bill will also allow voters to register into an unqualified party, and if that group obtains 5,000 registered members, it would become a qualified party.

Virginia:  on February 13, HB 56 was defeated in the House Privileges & Elections Committee.  It would have authorized closed primaries.


FEBRUARY PRESIDENTIAL PRIMARY ELECTION RETURNS

DEMOCRATIC MICHIGAN NEVADA NEW HAMPSHIRE SOUTH CAROLINA
Joe R. Biden 623,415 117,516 79,100 126,493
R. Boddie – – – – 136 – –
Teresa Bukovinac – – – – 101 – –
Eben Cambridge – – – – 47 – –
Gabriel Cornejo – – 788 86 – –
Super Crystairoc – – 130 – – – –
Brent Foutz – – 90 – –
Mark S. Greenstein – – 133 133 – –
John Haywood – – 237 – – – –
Tom Koos – – – – 71 – –
Paul LaCava – – 176 – –
Stephen Leon – – 88 – –
Star Locke – – 59 – –
Frank Lozada – – 314 73 – –
Stephen Lyons – – 145 80 – –
Jason Palmer – – 517 142 – –
Arman Perez-Serrato – – 262 68 – –
Dean Phillips 20,600 – – 24,377 2,247
Donald Picard – – 123 371 – –
Mark Prascak – – 32 – – – –
Paperboy Prince – – – – 326 – –
Richard Rist – – 37 – –
Vermin Supreme – – 912 – –
Cenk Uygur – – – – – – – –
John Vail – – 685 – –
Marianne Williamson 22,805 3,989 5,016 2,732
NONE or Uncommitted 101,436 7,306 – – – –
REPUBLICAN
Scott Ayers – – 80
Ryan Binkley – – 315 527
Doug Burgum – – 180
Bob Carney – – 15
John Anthony Castro 266 19
Chris Christie 4,792 – – 1,493 657
Ron DeSantis 13,430 – – 2,241 2,951
Heath Fulkerson 94
Nikki Haley 296,328 24,063 140,491 298,674
Asa Hutchinson – – 108
Peter Jedick – – 25
Perry Johnson – – 26
Donald Kjornes 157 23
Mary Maxwell – – 287
Glenn McPeters – – 40
Scott Merrell – – 21
Darlus Mitchell – – 74
Mike Pence 3,019 404
Vivek Ramaswamy 3,718 – – 833 726
Tim Scott 1,069 396
Hirsh Singh 196 9
Sam Sloan – – 7
David Stuckenberg – – 25 360
Rachel Swift – – 105
Donald Trump 758,892 – – 176,391 451,905
NONE or Uncommitted 33,554 49,712 – –

2024 PRESIDENTIAL PETITIONING

State Requirements Signatures or Registrations Obtained Deadline
Full Party Candidate Librtarian Green Constit. RFK Jr. No Lab.
Ala. *42,458 5,000 0 0 0 0 finished Aug. 15
Alaska (reg)   5,000 3,614 already on *2,200 already on *500 already on Aug. 7
Ariz. 34,116 (es) #43,000 already on *already on 0 *finished already on Aug. 17
Ark. 10,000 5,000 already on already on 0 0 already on Aug. 1
Calif.   (reg. est) 75,000 219,403 already on already on 234 *22,000 *50,000 Aug. 9
Colo. 10,000 12,000 already on already on  already on 0 already on Aug. 7
Conn. no procedure #7,500 already on *250 0 0 0 Aug. 7
Del.  (est.) (reg) 760   (est.) 7,600 already on *716 *241 *35 *already on Aug. 20
D.C. no procedure  (est.) #5,200 can’t start already on can’t start can’t start can’t start Aug. 7
Florida 0 145,040 already on already on already on 0 already on        Sept. 1
Georgia 69,884 #7,500 already on can’t start can’t start *finished can’t start July 9
Hawaii 861 *5,798 already on *already on 0 *already on already on Aug. 7
Idaho 17,359 1,000 already on *110 already on *in court *finished Aug. 30
Illinois no procedure #25,000 can’t start can’t start can’t start can’t start can’t start June 24
Indiana no procedure  #36,944 already on *30 0 0 0 July 1
Iowa no procedure #3,500 already on *100 0 0 0 Aug. 16
Kansas  20,180 5,000 already on *50 0 0 already on Aug. 5
Ky. no procedure #5,000 0 0 0 0 0 Sept. 6
La.  (reg) 1,000 #pay fee already on already on 161 0 0   Aug. 23
Maine (reg) 5,000 #4,000 already on already on 0 0 already on Aug. 1
Md. 10,000  10,000 already on *2,700 0 *4,000 already on Aug. 5
Mass. (est) (reg) 49,000 #10,000 already on (reg) 3,991 (reg) 330 0 0 July 30
Mich. 44,478 *12,000 already on already on already on *finished 0 July 18
Minn. (est) 130,000 #2,000 0 0 0 0  0 Aug. 20
Miss. be organized 1,000 already on already on already on *300 already on Sept. 6
Mo. 10,000 10,000 already on *6,000 *1,800 *4,000 *10,000 July 29
Mont. 5,000 #5,000 already on already on 0 *1,000 *finished Aug. 14
Nebr. 6,605 2,500 already on 0 0 *1,500 *finished Aug. 1
Nev. 10,096 10,096 already on *7,000 already on *2,000 already on July 5
N. Hamp. 18,575 #3,000 0 0 0 *already on 0 Aug. 7
N.J. no procedure #800 0 *50 0 0 0 July 29
N. M. 3,562 3,562 already on already on 0 0 *5,000 June 27
N.Y. no procedure #45,000 can’t start can’t start can’t start 0 can’t start May 28
No. Car. 13,757 82,542 already on already on *finished *4,000 already on May 18
No. Dak. 7,000 4,000 *finished 0 0 0 *4,000 Sept. 3
Ohio 40,345 5,000 *finished *6,000 0 0 finished Aug. 7
Okla. 35,592 pay fee already on 0 0 0 0 July 15
Oregon 29,294 23,737 already on already on already on 0 already on Aug. 27
Penn. no procedure   #5,000 *0 *0 *0 *0 *0 Aug. 1
R.I. 17,884 #1,000 0 0 0 0 0 Sept. 6
So. Car. 10,000 10,000 already on already on already on *6,000 finished July 15
So. Dak. 3,502 3,502 already on *finished 0 0 already on Aug. 6
Tenn. 43,498 275 in court 0 0 0 *16,000 Aug. 20
Texas  81,030 113,151 already on already on can’t start can’t start can’t start *May 28
Utah 2,000 #1,000 already on already on already on *already on already on Jan. 6
Vermont be organized #1,000 already on 0 0 0 0 Aug. 1
Virginia no procedure #5,000 *150 0 0 0 0 Aug. 23
Wash. no procedure #1,000 can’t start can’t start can’t start can’t start can’t start July 27
West Va. no procedure #7,948 already on already on 0 *2,000 0 Aug. 1
Wisc. 10,000 #2,000 already on already on already on *0 *2,000 Aug. 6
Wyo. 3,879 3,879 already on 0 already on *400 *finished Aug. 27
Total States On 36 *20 12 *3 16

#partisan label permitted. “RFK Jr” = Robert F. Kennedy, Jr.  “Deadline” column shows the deadline for the latest way to get on.

* means entry changed since Feb. 1, 2024 issue.  Forward Party is not on chart because it isn’t running anyone for president.

Parties Not on Above Chart

American Solidarity: on in Arkansas and Hawaii; has 3,000 in Ohio and smaller amounts in Minnesota, New Jersey, and Wisconsin.

Cornel West: on in Alaska, Oregon, and South Carlina, in all cases by receiving the nomination of a one-state party in that state.  The latest is his nomination by the United Citizens Party of South Carolina.

Socialism & Liberation: on in Hawaii and Utah, and petitioning in Georgia, Idaho, and Pennsylvania.


PRESIDENTIAL CANDIDATES BARRED IN RUSSIA AND VENEZUELA

Venezuela holds a presidential election in the latter half of 2024, although the date hasn’t been set yet.  On January 26, the nation’s highest court affirmed the decision of the elections office that Maria Corina Machado can’t be on the ballot, even though most observers considered her the main opposition candidate to the ruling party.  “Political crimes” was the reason.

Russia holds a presidential election March 15-17.  On February 8, Boris Nadezhdin, considered the strongest opposition candidate who had petitioned to be on the ballot and who had not yet been disqualified, was removed for not having enough valid signatures.


UNITED KANSAS IS ALMOST FINISHED PETITIONING IN KANSAS

The United Kansas Party, a centrist party, is almost finished with its petition for party status in Kansas.


SOCIALIST WORKERS PARTY ANNOUNCES NATIONAL TICKET

On February 17, the Socialist Workers Party announced that its presidential nominee is Rachele Fruit, and its vice-presidential nominee is Margaret Trowe.  Fruit lives in Florida and Trowe in California.  The SWP has nominated someone for president in every presidential election starting in 1948.  Its highest vote total, in 1976, was 91,314.


SOCIALIST EQUALITY PARTY ANNOUNCES NATIONAL TICKET

On February 17, the Socialist Equality Party announced that its presidential nominee is Joseph Kishore and its vice-presidential nominee is Jerry White.  Both live in Michigan.  The ticket is already petitioning in Michigan, using the independent petition procedure.  The party has existed since the 1970’s and was originally called the Workers League.


NO LABELS SAYS IT WILL DECIDE ON MARCH 8 WHETHER TO RUN SOMEONE FOR PRESIDENT

No Labels will hold a virtual convention on Friday, March 8, to decide whether to nominate someone for president.  800 delegates are expected to participate.  If the decision is to go ahead, a candidate will be chosen at a later time.


FORWARD PARTY ON IN COLORADO

Recently, the Colorado Secretary of State determined that the Forward Party is now ballot-qualified.


Comments

March 2024 Ballot Access News Print Edition — 12 Comments

  1. DELAY OR NOT HAVE OLDE PAPER BANS ON INET.

    NO SUCH THING AS *FREE* NEWS.

    IE PAY UP FRONT FOR PAPER AND INET BAN.

    MIGHT EVEN REDUCE TROLL MORONS — WITH THEIR KNOW BELOW ZERO TROLL MORON COMMENTS ABOUT ALL THINGS POLITICAL.

  2. The No Candidates Party continues to make great strides in getting no candidates on the ballot.

  3. Meanwhile, Quisling Biden is trying to get another Kennedy assassinated.

  4. https://www.usatoday.com/story/news/politics/elections/2024/04/02/wisconsin-primary-ballot-zuckerbucks-measure/73119533007/

    Wisconsin Primary ballot features ‘Zuckerbucks’ measure: What to know
    Sudiksha Kochi
    USA TODAY
    Voters in Wisconsin will decide where to bar outside groups from helping to fund or run elections in the key swing state, a Republican-backed measure that supporters say will protect election integrity but opponents worry will make it harder for already underfunded election officials.

    Wisconsin voters will answer a ballot referendum question seeking to block private donations for conducting elections.

    Another ballot initiative would require only election officials to administer elections, in contrast to the widespread practice of using volunteers at the polls.

    This ballot initiatives mark the latest in a series of efforts to restrict private funding for elections nationwide.

    Twenty-seven states so far have adopted such bans as of 2021, either through laws or ballot initiatives.
    —–
    ELECTION CASH NOW — LESS THAN 1.0 PCT OF GOVT SPENDING ???

    NEED AN ELECTION LOTTERY TO SAVE DEMOCRACY ???

  5. He’s not notable enough. And doesn’t even know central Asians aren’t Arab.

  6. The “Libertarian Party” doesn’t have ballot access in NM and MA, the “Association of Liberty State Parties” (soon to be the Liberal Party) does. The LNC will have to still petition in those states https://www.alsp.vote/

  7. They need a better name. What percentage of voters even know what a classical liberal is, or would pay enough attention long enough for you to explain that it’s different from progressive? It’s hard enough to gain traction with a new party, and getting harder. Having to take back a term at the same time, and keeping yourself from being hijacked? Good luck with that.

  8. Richard,

    Hope you are well. Please let me submit a very short item for BAN.

    Suggested title: Stein Loses in South Carolina

    The South Carolina Green Party gave three votes to Jill Stein and five votes to Uncommitted at its state convention May 11th.

    Thanks,

    Bill Kreml

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