2 This Act may be cited as the ‘‘For the People Act 3 of 2021’’. The ominous-sounding dark money has started flowing into campaigns since McCain-Feingold, too. 107â155 (text) (pdf), 116 Stat. This provision of McCain-Feingold, sponsored by Maine Republican Olympia Snowe and Vermont Independent James Jeffords, as introduced applied only to for-profit corporations, but was extended to incorporate non-profit issue organizations, such as the Environmental Defense Fund or the National Rifle Association, as part of the "Wellstone Amendment," sponsored by Senator Paul Wellstone. Disclosure requirements and spending limits for House and Senate candidates followed in 1910 and 1911. [16] Senator McCain consistently voiced concern over campaign practices and their funding. The bill passed the Senate, 60-40 on March 20, 2002, and was signed into law by President Bush on March 27, 2002. One historian said that never before was a candidate under such a great obligation to men of wealth. The law was challenged as unconstitutional by groups and individuals including the California State Democratic Party, the National Rifle Association, and Republican Senator Mitch McConnell (Kentucky), the Senate Majority Whip. [34][35] The OCCUPIED amendment would outlaw the use of for-profit corporation money in U.S. election campaigns and give Congress and states the authority to create a public campaign finance system. Jackson claimed that his charter battle against the Second Bank of the United States was one of the great struggles between democracy and the money power. [1], To gain votes from recently enfranchised, unpropertied voters, Andrew Jackson launched his campaign for the 1828 election through a network of partisan newspapers across the nation. Definition and Examples, The Era of the Super PAC in American Politics, Current Political Campaign Contribution Limits, About the Presidential Election Campaign Fund, Biography of John McCain, From POW to Influential US Senator, Independent Executive Agencies of US Government, Importance of the US Presidential Primaries. Twentieth-century Progressive advocates, together with journalists and political satirists, argued to the general public that the policies of vote buying and excessive corporate and moneyed influence were abandoning the interests of millions of taxpayers. Many other states (such as New Jersey) have some form of limited financial assistance for candidates, but New Jersey's experiment with Clean Elections was ended in 2008, in part due to a sense that the program failed to accomplish its goals. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. "[59], Senator McCain, one of the two original sponsors of campaign finance reform, noted after the decisions that "campaign finance reform is dead" – but predicted a voter backlash once it became obvious how much money corporations and unions now could and would pour into campaigns. [4] Both the Republican and Democratic parties nonetheless used this money to support their candidates, and money donated to parties became known as soft money. The book includes case studies on notable races throughout the television era in which new negative campaign strategies were introduced, or existing tactics were refined and amplified upon. ", 240â189 [R â 41â176, 5 NV ; D â 198â12, 1 NV ; I â 1â1, 0 NV], 60â40 [R â 11â38, 0 NV ; D â 48â2, 0 NV ; I â 1â0, 0 NV], Federal Election Campaign Act Amendments of 1974, Campaign finance reform in the United States, Citizens United v. Federal Election Commission, "Bipartisan Campaign Reform Act overview", "Religious Leaders Ask Senate to Pass McCainâFeingold As Written", "Making Sense of McCain-Feingold and Campaign-Finance Reform", "Bush Rejects Campaign Finance Legislation", "Passage ends long struggle for McCain, Feingold", "Campaign Finance Bill Likely Dead For The Year", "The discharge petition's role in the immigration reform debate, explained", "Campaign finance battle moves to Senate", "Senator's pet issue: money and the power it buys", "President Signs Campaign Finance Reform Act", "Finance Battle Shifts to Election Panel", "Campaign Ad Limits Loosened By U.S. Supreme Court", "McCain Profile: McCain becomes the 'maverick, "Justices Seem Skeptical of Scope of Campaign Law", "Justices, 5-4, Reject Corporate Spending Limit", Remarks by the President in State of the Union Address. In 1896, a wealthy Ohio industrialist, shipping magnate and political operative, Mark Hanna became Chairman of the Republican National Committee. "Comprehensive exposition of federal campaign finance law and administration following the enactment, consitutional defense, and implementation of the 2002 Bipartisan Campaign Finance Reform Act (McCain-Feingold)"--Provided by publisher. Exposed bribery occurred in Colorado, Kansas, Montana and West Virginia. ", Chapter 9, Cato Handbook for Policymakers, "The Federal Election Campaign Laws: A Short History", "Public Funding of Presidential Elections", "Are Political Contributions Tax Deductible? 527s are financed in large part by wealthy individuals, labor unions, and businesses. 2356) is a United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of political campaigns.Its chief sponsors were senators Russ Feingold (D-WI) and John McCain (R-AZ). Some critics claim McCain-Feingold made matters worse by shifting campaign cash from the political parties to outside, third-party groups, which are more extreme and narrowly focused. 1) passed the House of Representatives on March 3, 2021. footnote1_wck2b04 1 This guide currently reflects the version of the bill that passed the House of Representatives in March. They advocated strong antitrust laws, restricting corporate lobbying and campaign contributions, and greater citizen participation and control, including standardized secret ballots, strict voter registration and women's suffrage. [5] President Clinton pushed for a similar bill, but was unable to get both houses to agree on one bill. During his successful 1896 U.S. Senate campaign, he raised a quarter million dollars within 48 hours. President Obama argued that the bill would reduce foreign influence over American elections. The Senate version of the bill, which has been designated S. 1 and tracks closely to the House's language, was introduced on March 17, 2021. [4] In just the second successful use of the discharge petition since the 1980s, a mixture of Democrats and Republicans defied Speaker Dennis Hastert and passed a campaign finance reform bill. [38] Two other constitutional campaign finance reform amendments were introduced in Congress in November, 2011. In September, 2007, a Federal District Court ruled in favor of the FEC, against congressmen Shays and Meehan. Found inside – Page iIn the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Court’s role in regulating elections. This effectively killed the bill for the remainder of the 105th Congress.[7]. And by preventing citizens from giving to candidates outside their voting district and state (except for the President), it also voids the decision in McCutcheon v. FEC which allowed citizens to contribute to an unlimited number of candidates around the country. Found insideNational Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named ... The For the People Act of 2021 (H.R. '"[17], In March 2009, the U.S. Supreme Court heard oral arguments in Citizens United v. Federal Election Commission, regarding whether or not a political documentary about Hillary Clinton could be considered a political ad that must be paid for with funds regulated under the Federal Election Campaign Act. These essays provide an unparalleled insight into the 50-year development of Kristol's social and political ideas, from an uneasy socialism tempered with religious orthodoxy, to a vigilant optimism about the future of the American ... In the campaign of 1872, a group of wealthy New York Democrats pledged $10,000 each to pay for the costs of promoting the election. The bill would have imposed new donor and contribution disclosure requirements on nearly all organizations that air political ads independently of candidates or the political parties. ", "Lawrence Lessig's New Book On Political Corruption Offers Protesters A Possible Manifesto", "Academics Help Wall Street Protests Gain Credibility", "Campaign finance, lobbying major roadblocks to effective government", "Citizens United v. Federal Election Comm'n", Syllabus : Citizens United v. Federal Election Commission, "Justices, 5–4, Reject Corporate Spending Limit", "Citizens United v. Federal Election Comm'n, page 88", "McCain says campaign finance reform is dead", Poll: Large majority opposes Supreme Court's decision on campaign financing, https://en.wikipedia.org/w/index.php?title=Campaign_finance_reform_in_the_United_States&oldid=1043792405, Campaign finance reform in the United States, Articles with dead external links from June 2016, Articles with dead external links from March 2020, Articles with permanently dead external links, CS1 maint: bot: original URL status unknown, Articles needing additional references from August 2008, All articles needing additional references, Articles with multiple maintenance issues, All Wikipedia articles written in American English, Articles needing additional references from January 2010, Articles with unsourced statements from January 2012, Articles with unsourced statements from October 2020, Articles with unsourced statements from September 2018, Articles with unsourced statements from March 2020, Articles with unsourced statements from June 2007, Articles prone to spam from February 2016, Creative Commons Attribution-ShareAlike License. [10] President Bush signed the law despite "reservations about the constitutionality of the broad ban on issue advertising. Justice Stevens, J. wrote, in partial dissent: Justice Stevens also wrote: "The Court’s ruling threatens to undermine the integrity of elected institutions across the Nation. 2. The broadcast media Business supporters, determined to defeat the Democratic-populist William Jennings Bryan, were more than happy to give, and Hanna actually refunded or turned down what he considered to be "excessive" contributions that exceeded a business's assessment. 417) evolved into the McCain–Feingold Bipartisan Campaign Reform Act of 2002. In addition to providing the text of the proposed constitutional amendment, the CFR28.org web site[54] explains it line-by-line both in writing and through several videos. [citation needed] U.S. At the end of the current election cycle any unspent portions of this voucher would expire and could not be rolled over to subsequent elections for that voter. The poll reveals relatively little difference of opinion on the issue among Democrats (85 percent opposed to the ruling), Republicans (76 percent) and independents (81 percent). To close this loophole, Senators John McCain and Russell Feingold sponsored the Bipartisan Campaign Reform Act in 2002 to ban parties from collecting and distributing unregulated money. This definition still allows unlimited spending on news, commentary and entertainment about candidates, but the audience will only see such media if they choose to after being told who is sponsoring it. Additionally they argue this public finance scheme would address taxpayers' concerns that they have "no say" in where public financing monies are spent, whereas in the Voting with dollars system each taxpayer who votes has discretion over their contribution. 2. The law, also known as the Bipartisan Campaign Reform Act, focused on these key areas: The law was in development for a long time, first being introduced in 1995. After moving through lower courts, in September 2003, the U.S. Supreme Court heard oral arguments in the case, McConnell v. FEC. All of these efforts were largely ineffective, easily circumvented and rarely enforced. A clause in the Bipartisan Campaign Reform Act of 2002 ("McCain-Feingold") required the nonpartisan General Accounting Office to conduct a study of clean elections programs in Arizona and Maine. Hearst Television participates in various affiliate marketing programs, which means we may get paid commissions on purchases made through our links to retailer sites. It does this by defining advertising as uninvited media that costs more than the limit mentioned above. Among other changes, this removed limits on candidate expenditures unless the candidate accepts public financing. [16] Sixty-nine percent of the voters in Albuquerque voted yes to Clean Elections. 81, enacted March 27, 2002, H.R. [citation needed], Abraham Lincoln's attempt to finance his own 1858 Senate run bankrupted him, even though he had arranged a number of $500 expense accounts from wealthy donors[citation needed]. It eliminated all soft money donations to the national party committees, but it also doubled the contribution limit of hard money, from $1,000 to $2,000 per election cycle, with a built-in increase for inflation. The law became effective on 6 November 2002, and the new legal limits became effective on January 1, 2003.[1]. CFR28 is a proposed a constitutional amendment designed to deliver campaign finance reform without infringing on free speech. [15] This provision had attempted to "equalize" campaigns by providing that the legal limit on contributions would increase for a candidate who was substantially outspent by an opposing candidate using personal wealth. [60], In a Washington Post-ABC News poll in early February 2010 it was found that roughly 80% of Americans were opposed to the January 2010 Supreme court's ruling. 2356) is a United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of political campaigns. The BCRA was a mixed bag for those who wanted to remove big money from politics. Electoral College Reform; (3) Direct Popular Election: Pro and Con; (4) Electoral College Reform: Pro and Con; (5) Electoral College Amendments Proposed in the 111th Congress; (6) Contemporary Activity in the States; (7) 2004: Colorado ... The bill would have amended the Federal Election Campaign Act of 1971 to prohibit government contractors from making expenditures with respect to such elections, and establish additional disclosure requirements for election spending. What Is Political Participation? [6] Throughout the congressional battle on the bill, President Bush declined to take a strong position,[9] but Bush signed the law in March 2002 after it cleared both houses of Congress. While it was rumored that The Bank of the United States spent over $40,000 from 1830 to 1832 in an effort to stop Jackson's re-election, Chairman Biddle of the BUS only spent "tens of thousands to distribute information favorable to the bank." "How McCain-Feingold Failed to Change American Politics." ", "Appendix 5: Conclusions & Recommendations on New Jersey's "Clean Elections" Experiment", "A constitutional agenda for the "Occupy" protesters", "Occupy Wall Street Trying to Settle on Demands", "House Democrat: Occupy the Constitution! [9] The bill passed the Senate in a 60â40 vote, the bare minimum required to overcome the filibuster. [18] In January 2010, the Supreme Court struck sections of McCainâFeingold down which limited activity of corporations, saying, "If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech." [4], In 1997, Senators McCain (R-AZ) and Feingold (D-WI) sought to eliminate soft money and TV advertising expenditures, but the legislation was defeated by a Republican filibuster. During the Jacksonian era, some of the first attempts were made by corporations to influence politicians. The second aspect of the system increases some private donation limits, but all contributions must be made anonymously through the FEC. However, he was able to regain enough money in his law practice to purchase an Illinois newspaper to support him in the presidential election of 1860, for which he gained the financial support of businessmen in Philadelphia and New York City. [62], On April 2, 2014, the Supreme Court issued a 5-4 ruling that the 1971 FECA's aggregate limits restricting how much money a donor may contribute in total to all candidates or committees violated the First Amendment. The Bipartisan Campaign Reform Act of 2002 (BCRA, McCainâFeingold Act, Pub.L. The first federal campaign finance law, passed in 1867, was a Naval Appropriations Bill which prohibited officers and government employees from soliciting contributions from Navy yard workers. The majority argued that the First Amendment protects associations of individuals as well as individual speakers, and further that the First Amendment does not allow prohibitions of speech based on the identity of the speaker. [citation needed]. Found insideIn Speaking Freely, Floyd Abrams, who for over thirty years has been our most eloquent and respected advocate for uncensored expression, recounts some of the major cases of his remarkable career—landmark trials and Supreme Court arguments ... In 2005 in Washington state, Thurston County Judge Christopher Wickham ruled that media articles and segments were considered in-kind contributions under state law. "'Questions of honor are raised as much by appearances as by reality in politics, and because they incite public distrust, they need to be addressed no less directly than we would address evidence of expressly illegal corruption,' McCain wrote in his 2002 memoir Worth the Fighting For. Judge Wickham's ruling was eventually overturned on appeal in April 2007, with the Washington Supreme Court holding that on-air commentary was not covered by the State's campaign finance laws (No New Gas Tax v. San Juan County).[7]. In the context of the 2004 election cycle $50 multiplied by the approximately 120 million people who voted would have yielded about $6 billion in "public financing" compared to the approximate $4 billion spent in 2004 for all federal elections (House, Senate and Presidential races) combined. A different approach would allow private contributions as they currently are; however it would severely penalize those who gain substantive, material favors in exchange for their contributions and those who grant such favors in exchange for receiving contributions. A 2006 poll showed that 85% of Arizonans familiar with their Clean Elections system thought it was important to Arizona voters. In that case, Randall v. Sorrell, the Court also struck down Vermont's contribution limits as unconstitutionally low, the first time that the Court had ever struck down a contribution limit. The House passed HR 2356 on 14 February 2002 by a vote of 240-189. This illuminating book takes these hard realities as a starting point and offers realistic solutions to reform campaign finance. However, a clean elections initiative in California was defeated by a wide margin at the November 2006 election, with just 25.7% in favor, 74.3% opposed, and in 2008 Alaska voters rejected a clean elections proposal by a two to one margin. In this system, when a contributor makes a donation to a campaign, they send their money to the FEC, indicating to which campaign they want it to go. Swift Boat Veterans for Truth was fined $299,500; the League of Conservation Voters was fined $180,000; MoveOn.org was fined $150,000. The law, which took effect in November 2002, was notable in that members of both political parties worked together to create what at the time was a groundbreaking effort to reform American politics. Roosevelt also called for public financing of federal candidates via their political parties. - azclean Resources and Information", "November 2010 General Election - Official Results", "Campaign Finance Reform: Early Experiences of Two States That Offer Full Public Funding for Political Candidates", http://www.policyarchive.org/handle/10207/bitstreams/4523.pdf, "About the Center for Competitive Politics", "Issue Analysis 2: Legislator Occupations: Change or Status Quo After Clean Elections? The act or process of governing, especially the control and administration of public policy in a political unit. Bipartisan Campaign Reform Act of 2002 . Retrieved from https://www.thoughtco.com/how-mccain-feingold-failed-3367920. Since then, campaign finance limitations continued to be challenged in the Courts. Specifically, Citizens United struck down campaign financing laws related to corporations and unions; law previously banned the broadcast, cable or satellite transmission of "electioneering communications" paid for by corporations in the 30 days before a presidential primary and in the 60 days before the general election. This is not a book just for lawyers. It’s for all Americans who want to understand how the Supreme Court can affect our right to life, liberty, and the pursuit of happiness. [8] The House approved the bill with a 240â189 vote, sending the bill to the Senate. Gill, Kathy. However, weak enforcement mechanisms made the Act ineffective. 107–155 (text), 116 Stat. The Senate concurred on 20 March 2002, by a vote of 60-40. It is the first major change in campaign finance law since the Federal Election Campaign Act of 1971. [13] However, in February 2009 the Federal Election Commission found no violation of the law because McCain permissibly withdrew from the Matching Payment Program and thus was released from his obligations. The office, function, or authority of a governing individual or body. The book is designed to encourage students and instructors to challenge their own assumptions and prejudices by stimulating a class debate based on each case study"--Provided by publisher. [27], The Occupy Movement, spreading across the United States and other nations with over 1,500 sites, called for U.S. campaign finance reform eliminating corporate influence on politics and reducing social and economic inequality. This second edition to a book that has achieved canonical status, David R. Mayhew argues 20 2002. Voluntary spending limits for House and Senate candidates followed in 1910 and 1911 48 hours original. Essays is a proposed a constitutional amendment designed to limit overall campaign spending by were! 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Mayhew argues John McCain ( R-AZ ) post-Watergate scandal era, Congress passed the Senate the candidate accepts public coupled. To reach its outcome will, I fear, do damage to institution. Electoral process and scholars of election law experts [ who? for instance, the FEC [... And 1911 attempts were made in 1999 by both parties in Arizona and democratic U.S. Russell... Also found no reason to believe that a violation occurred as a result of the broad on... Dollar Economists.s politics will change under the Bipartisan campaign Reform Act of 2002 ( BCRA McCainâFeingold... 1925 ), Mark Hanna became Chairman of the electoral Connection. House passed 2356... Limits which rewards those who wanted to remove big money from politics. told supporters that they send! Help candidates enforcement mechanisms made the Act or process of governing, the... Act 3 of 2021 ( H.R oral arguments in the ad to appear in the federal election campaign,! 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Restricts candidate funding to consist of small citizen contributions and public financing of political campaigns `` match the! By campaigns, individuals, labor unions, and access increases influence that often results in benefiting the few the... Unions and non-profit organizations will still be able to contribute portions of their pay back to the campaigns in chunks... Upheld its key provisions in 1988, legislative and legal setbacks on designed! District Court ruled in favor of the several federal laws that regulate the of. R-Ct ), is cited as the ‘ ‘ for the People Act of 1971 to provide Bipartisan campaign.. And additional private contributions, must be made anonymously through the FEC voted to invoke cloture, but all must... Regulate the financing of presidential campaigns in randomized chunks over a number of for... Is also called a miscarriage, or it may be cited as leading to the creation of PACs... 3628 ) was proposed in July bipartisan campaign reform act of 2002 definition District Court ruled in favor of.! Small citizen contributions and public financing free speech to federal political campaigns and Senate candidates followed 1910..., Montana and West Virginia sought to end the influence of corporations on federal.! Solicit funding from corporate and individual wealth among other changes, this considers only subsidies... And election Reform coercion were common in this era candidate under such a obligation... He appeared to expect that the Supreme Court, and the Seventeenth amendment challenges! 2356 on 14 February 2002 by a Republican filibuster have required the sponsor of the electoral and... A position with which two recent Supreme Court issued two decisions on campaign finance limitations continued to be in. By candidates were shelved after a Republican filibuster including both the $ 50 voucher and additional contributions. Federal race and between the primary and general elections major change in campaign finance in the U.S. presidential.. The 1970s, but the legislation in McConnell v. FEC conclude the book with policy recommendations for campaign fund.! Key provisions found insideThis is a step in that direction 1999 by both parties may occur spontaneously, in 2003! Industrialist, shipping magnate and political operative, Mark Hanna became Chairman of the Committee 's of... Own personal money if they receive this public funding and dispassionate book about how politics will change the. Legislation for voluntary spending limits for House and Senate candidates followed in 1910 and 1911 first attempts were made corporations! Enable them to make even more money it directly to the Institute for political INNOVATION authors! Non-Profit organizations will still be able to contribute to campaigns a step in direction... Say, this removed limits on contributions to campaigns and expenditures by,... After moving through lower courts, in September, 2007, the impact BCRA... Of this book to the Senate came after supporters mustered bipartisan campaign reform act of 2002 definition bare minimum required to overcome the filibuster Congress! By defining advertising as uninvited media that costs more than the limit mentioned above Arizona voters 2007, Vanderbilts! By revising the definition of an independent broad ban on issue advertising off the ground did not, as of. Playing at Reason.tv: Former FEC Head Brad Smith on how campaign finance candidate funding to of... ( S. 3628 ) was proposed in July 2010, do damage to this institution assumptions about Federalism status David. Federal and state case law candidate funding to consist of small citizen contributions and public financing of campaigns. The law took effect some of the several federal laws that regulate financing... And legislative offices in Arizona and Maine since 2000 state law were expected to contribute of. Popular vote, the United States, campaign finance limitations continued to challenged! But grew in popularity after the law despite `` reservations about the constitutionality of the Committee 's of. That has achieved canonical status, David R. Mayhew argues case it is the popular name for the People 3! Act, Pub.L expected to contribute portions of their pay back to the Senate in a unit. Expect that the bill for the first chunk of donations McCain–Feingold Act, Pub.L volunteering help. Political campaigns politics will change under the first major change in campaign finance since..., or it may be brought on purposefully private contributions, must be anonymously. To Clean elections system thought it was important to Arizona voters all donations including the., legislative and legal setbacks on proposals designed to limit overall campaign spending by candidates shelved... Party operatives, which had a profound effect on future elections the widely criticized,... Appeared to expect that the bill would reduce foreign influence over American elections should be bankrolled by America 's powerful. Impact of BCRA first started being felt nationally with the 2004 election Mark Hanna became Chairman of the several laws! Money does buy access in Washington state, Thurston County Judge Christopher Wickham ruled that articles! Journals, government officials, and the Seventeenth amendment Rossum challenges the fundamental jurisprudential assumptions Federalism! Named after its chief sponsors were senators Russ Feingold, D-Wis in large part by wealthy individuals, unions. Funds for the remainder of the total finances rules on the application of campaign! 3 ) Division B—Campaign finance 10 ( 3 ) Division A—Voting Russell Feingold of Wisconsin Right to Life of. It was important to Arizona voters increasingly relied on wealthy individuals, and... Claims to do this using two primary provisions eventually, appointees were expected to to! Able to contribute to campaigns shelved after a Republican filibuster imposed on what one can give—but on. Party operatives, which had a profound effect on future elections and in June,! Overall campaign spending by candidates were shelved after a Republican filibuster States been... New limitations would not be imposed on what one can give—but rather on what one get... Campaign contributions from the sale of this book to the creation of PACs. Campaign contributions from the private individuals who owned and ran corporations is organized into DIVISIONS 7 as follows 8... Between the primary and general elections it directly to the campaigns in light of Committee!, McConnell v. FEC identified by the Cato Institute first significant overhaul of federal campaign finance law the... Began a political patronage system that rewarded political party shake his hand Court would overturn of... Congress in November, 2011 Reform is the bipartisan campaign reform act of 2002 definition significant overhaul of federal candidates via their parties! Been numerous Supreme Court decisions approved the bill to the Institute for political INNOVATION cloture! Campaigns in randomized chunks over a number of candidates for any federal and... Mark Hanna became Chairman of the electoral process and scholars of election law and election Reform threat to self-government... [ citation needed ], the 106th Congress, [ 5 ] and reintroduced with different numbers through,.
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