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Wednesday, November 08, 2006

Voters Experience Trouble At The Polls


NEW JERSEY - PASSAIC COUNTY - PATERSON / VOTING MACHINES IN 5 COUNTIES PRE-MARKED WITH A VOTE FOR MENENDEZ





Smiley Flag WaverRepublicans alleged ballots on electronic voting machines in Camden, Hudson, Middlesex, Passaic and Union counties that were supposed to be blank had already been marked with a vote for Democratic U.S. Sen. Robert Menendez.

In Passaic County four people who wanted to vote for Republican Senate candidate Tom Kean Jr. left the booth with their ballot cast for Menendez because they couldn't figure out how to change the vote.

We’re not sure exactly what the cause of it is, but it seems to be too widespread to call it a coincidence.”



New Jersey Voters Have Trouble At The Polls



~ Nov 7, 2006 8:08 pm US/Eastern


(AP) TRENTON Some voters in New Jersey had trouble casting their votes Tuesday using electronic voting machines, but election officials said the glitches weren’t widespread.

Republicans, however, alleged they had trouble voting for their chosen candidate in several counties.

The state Attorney General’s Office said the GOP claims were not substantiated; the U.S. Attorney’s Office dispatched monitors to check into them.

Tuesday’s election was the first time voters in all 21 New Jersey counties cast ballots electronically in a statewide general election, though most counties have used the machines in other elections.

Republicans alleged ballots on electronic voting machines in Camden, Hudson, Middlesex, Passaic and Union counties that were supposed to be blank had already been marked with a vote for Democratic U.S. Sen. Robert Menendez. The GOP said it was told about the problems by voters who experienced difficulties.

Mark Sheridan, an attorney for the New Jersey Republican State Committee, said in Passaic County four people who wanted to vote for Republican Senate candidate Tom Kean Jr. left the booth with their ballot cast for Menendez because they couldn’t figure out how to switch the vote.

“We’re not sure exactly what the cause of it is, but it seems to be too widespread to call it a coincidence,” said Sheridan, who conceded he had no evidence of wrongdoing.

David Wald, a spokesman for the state Attorney General’s Office, said deputy attorneys general were sent to four districts in Passaic County’s Paterson to investigate claims. He said Republicans didn’t report about complaints in other counties to the Attorney General’s Office.

“So far, none of the pre-selection claims have been substantiated,” he said.

Michael Drewniak, a spokesman for the U.S. Attorney’s Office in Newark, said the office sent two monitors to two locations to check into the Republican concerns. He wouldn’t identify the locations. He said the office had received 10 calls by 3 p.m. to its election hotline, much less than usual.

“It’s been pretty quiet,” Drewniak said.

Sheridan said Republicans heard no more complaints about the alleged problem after the monitors were dispatched. He said the campaign would wait until either late Tuesday or until Wednesday to decide whether they would take their concerns to a judge.

Wald said about 25 machines didn’t work properly Tuesday in several communities in Essex County, which has about 600 voting machines.

He said people voted with emergency ballots as the machines were either repaired or replaced.

Andrew Sprung of South Orange said lights indicating a vote had been cast failed to stay lit when his wife voted.

“The question is: How many votes are they missing?” Sprung said.

Carmine P. Casciano, Essex County elections superintendent, said all machine problems were handled without disrupting voting.

Four counties; Camden, Essex, Monmouth and Warren used the computerized machines Tuesday for the first time in a general election, though they used the machines in elections such as primaries earlier this year without major problems.

Phyllis Pearl, Camden County elections superintendent, said the county had problems with about 30 of its 700 machines, but said the problems were not major and did not affect voting.

“We’re not experiencing any grave errors,” Pearl said.

She said county officials have been able to walk poll workers through most problems, and that emergency ballots were used if a machine technician wasn’t readily available.

Under orders from state Attorney General Stuart Rabner, 550 state deputy attorneys general were on duty Tuesday to help county officials resolve voting-related legal issues.

The U.S. Justice Department sent federal election monitors to five New Jersey counties: Bergen, Essex, Hudson, Middlesex and Salem.

New Jersey Democrats had 1,000 lawyers ready across the state to help voters who were improperly prevented from voting.

The state has about 4.86 million registered voters this Election Day.






© 2006 The Associated Press. All Rights Reserved.

© MMVI, CBS Broadcasting Inc. All Rights Reserved.




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Passaic County / N.J. State Election 2006 Results


NEW JERSEY - PASSAIC COUNTY / COUNTY & STATE ELECTION RESULTS AS OF 11/08/06 - 12:48:20 P.M.


PRESS RELEASE

FOR IMMEDIATE RELEASE
November 8, 2006



Last Updated: 11/8/2006 12:48:20 AM
[ Click Here To View Most Current Updated Results]


Passaic County
253,611 Voters

Vote Count Percent
Election Day Turnout 98,420 38.81%
Civilian Turnout 3,512 1.38%
Military Turnout 51 0.02%
Provisional Turnout 0 0.00%
Total 101,983 100.00%


United States Senate
Vote For 1
260/282 92.20%

Vote Count Percent
Robert Menendez 56,344 56.99%
Thomas H. Kean Jr. 40,881 41.35%
J. M. Carter 372 0.38%
Daryl Mikell Brooks 250 0.25%
Angela L. Lariscy 88 0.09%
Len Flynn 333 0.34%
Edward Forchion 325 0.33%
Gregory Pason 47 0.05%
N. Leonard Smith 164 0.17%
Total 98,865 100.00%


House of Representatives 5th District
Vote For 1
33/33 100.00%

Vote Count Percent
Paul Aronsohn 6,239 41.17%
Scott Garrett 8,704 57.44%
R. Matthew Fretz 208 1.37%
Total 15,154 100.00%


House of Representatives 8th District
Vote For 1
212/234 90.60%

Vote Count Percent
Bill Pascrell Jr. 52,810 70.75%
Jose M. Sandoval 21,421 28.70%
Lou Jasikoff 392 0.53%
Total 74,648 100.00%


House of Representatives 9th District
Vote For 1
13/13 100.00%

Vote Count Percent
Steven R. Rothman 2,364 52.07%
Vincent Micco 2,139 47.11%
Michael Jarvis 35 0.77%
Total 4,540 100.00%


House of Representatives 11th District
Vote For 1
2/2 100.00%

Vote Count Percent
Tom Wyka 493 39.53%
Rodney P. Frelinghuysen 742 59.50%
John Mele 3 0.24%
Richard S. Roth 8 0.64%
Total 1,247 100.00%


Board of Chosen Freeholders
Vote For 3
260/282 92.20%

Vote Count Percent
James Gallagher 53,555 20.05%
Tahesha Way 50,010 18.72%
Sonia Rosado 50,476 18.90%
Arthur G. Soto 37,553 14.06%
Keith LaForgia 37,957 14.21%
Erik Lowe 37,435 14.02%
Total 267,098 100.00%


Bloomingdale Mayor
Vote For 1
5/5 100.00%

Vote Count Percent
William R. Steenstra 1,368 50.20%
Susan A. Smith 1,356 49.76%
Total 2,725 100.00%


Bloomingdale Borough Council
Vote For 2
5/5 100.00%

Vote Count Percent
Henry D. Slootmaker 1,359 25.72%
Steven J. Ramiza 1,281 24.25%
Jennifer G. Altfield 1,333 25.23%
Karen S. Labazzetta 1,310 24.80%
Total 5,283 100.00%


Haledon Mayor
Vote For 1
5/6 83.33%

Vote Count Percent
Domenick Stampone 916 52.70%
Kenneth R. Pengitore 822 47.30%
Total 1,738 100.00%


Haledon Borough Council
Vote For 2
5/6 83.33%

Vote Count Percent
Michael Tirri 933 27.82%
Rey Martinez 874 26.06%
Crystal Rolon 741 22.09%
John Block Jr. 806 24.03%
Total 3,354 100.00%


Little Falls Township Council
Vote For 3
8/8 100.00%

Vote Count Percent
William C. Liess 2,018 18.92%
Paul Huggins 2,005 18.80%
Christie Y. Huh 1,820 17.06%
Jayme Alfano 1,720 16.12%
Kenneth Cichy 1,542 14.46%
Louis Fontana 1,558 14.61%
Total 10,667 100.00%


North Haledon Mayor
Vote For 1
7/7 100.00%

Vote Count Percent
Randolph J. George 2,188 99.41%
Total 2,201 100.00%


North Haledon Borough Council
Vote For 2
7/7 100.00%

Vote Count Percent
Robert A. Dyer 2,062 50.54%
Donna M. Puglisi 2,007 49.19%
Total 4,080 100.00%


Pompton Lakes Borough Council
Vote For 2
5/5 100.00%

Vote Count Percent
Lisa J. Riggiola 1,581 26.00%
Edward J. Meakem 1,594 26.21%
Marc Pardalis 1,508 24.80%
Robert Vogt 1,387 22.81%
Total 6,081 100.00%


Prospect Park Mayor
Vote For 1
4/4 100.00%

Vote Count Percent
Mohamed T. Khairullah 784 61.93%
Thomas F.X. Magura 481 37.99%
Total 1,266 100.00%


Prospect Park Borough Council
Vote For 2
4/4 100.00%

Vote Count Percent
Hassan H. Fahmy 784 32.12%
Esther Perez 806 33.02%
William J. Willemsen 433 17.74%
Lois Hubbard 416 17.04%
Total 2,441 100.00%


Prospect Park Borough Council 1 Yr Unexpired Term
Vote For 1
4/4 100.00%

Vote Count Percent
Adnan Zakaria 757 62.20%
Custodio Rodriguez 460 37.80%
Total 1,217 100.00%


Prospect Park Borough Council 2 Yr Unexpired Term
Vote For 1
4/4 100.00%

Vote Count Percent
Amer Haobsh 755 63.39%
Karl T. Hoffmann 435 36.52%
Total 1,191 100.00%


Totowa Mayor
Vote For 1
5/6 83.33%

Vote Count Percent
John Coiro 2,684 99.74%
Total 2,691 100.00%


Totowa Borough Council
Vote For 2
5/6 83.33%

Vote Count Percent
Hubert C. Vickerilla 2,632 50.53%
James Niland 2,573 49.40%
Total 5,209 100.00%


Wanaque Mayor
Vote For 1
8/8 100.00%

Vote Count Percent
Daniel Mahler 1,684 97.12%
Total 1,734 100.00%


Wanaque Borough Council
Vote For 2
8/8 100.00%

Vote Count Percent
Thomas Balunis 1,713 50.35%
George Theoharous 1,665 48.94%
Total 3,402 100.00%


West Milford Borough Council
Vote For 2
13/13 100.00%

Vote Count Percent
James C. Geist 3,208 21.24%
James F. Rauth 3,092 20.47%
Salvatore Schimmenti 4,310 28.54%
Joseph Smolinski 4,471 29.61%
Total 15,102 100.00%


West Paterson Borough Council
Vote For 3
6/6 100.00%

Vote Count Percent
Ruth Patterson 2,141 20.18%
Dominick DiDomenico 2,148 20.24%
Tina Gatti 2,092 19.71%
Ivy Rios-Gallipoli 1,396 13.15%
Ernest M. Sesso 1,424 13.42%
Douglas J. Ward 1,409 13.28%
Total 10,612 100.00%


State Question Number One
260/282 92.20%

Vote Count Percent
Yes 43,024 67.52%
No 20,692 32.48%
Total 63,716 100.00%


State Question Number Two
260/282 92.20%

Vote Count Percent
Yes 38,188 60.91%
No 24,511 39.09%
Total 62,699 100.00%


State Question Number Three
260/282 92.20%

Vote Count Percent
Yes 36,392 58.01%
No 26,339 41.99%
Total 62,731 100.00%


Haledon Question Number One
5/6 83.33%

Vote Count Percent
Yes 633 67.99%
No 298 32.01%
Total 931 100.00%


North Haledon Question Number One
7/7 100.00%

Vote Count Percent
Yes 1,615 73.68%
No 577 26.32%
Total 2,192 100.00%


Prospect Park Question Number One
4/4 100.00%

Vote Count Percent
Yes 435 74.36%
No 150 25.64%
Total 585 100.00%






Contact:

Dolores Choteborsky,
Passaic County Public Information Officer
973-569-5050

www.passaiccountynj.org




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Corzine: No Black Bear Hunt In N.J. This Year


NEW JERSEY / CORZINE DECISION: NO BLACK BEAR HUNT THIS YEAR



NY Post Mast Head



Smiley Flag Waver

The fact the New Jersey governor refused to even consider a bear hunt comes as no surprise. After all, he is a politician.

He courted sportsmen and women throughout his campaign and while never promising a bear hunt, he did sound as if he had an open mind.

Two senators and an assemblywoman from New Jerseys northwestern counties called Corzine's move "outrageous" and said it panders to "an extremist fringe that seeks to ban all hunting."

It would appear that the decision not to hold this year's black-bear hunt is more a political favor to the animal-rights movement than a decision based on what is best for either the black bears or the citizens of New Jersey.



BEAR DANGERS REMAIN IN N.J.




November 5, 2006 --


THE fact the New Jersey governor refused to even consider a bear hunt comes as no surprise. After all, he is a politician.

He courted sportsmen and women throughout his campaign and while never promising a bear hunt, he did sound as if he had an open mind.

Two senators and an assemblywoman from New Jerseys northwestern counties called Corzine's move "outrageous" and said it panders to "an extremist fringe that seeks to ban all hunting."

State Sens. Robert Littell (R-Franklin), Anthony R. Bucco (R-Boonton) and Assembly- woman Alison McHose (R-Franklin), who is Littell's daughter, issued the joint statement, saying the state Supreme Court had approved the Fish and Game Council's management plan.

"For the people of northwestern New Jersey, this is a matter of public safety. We have had bears enter homes. We have seen bears on porches, and we have had bears roaming by swing sets," the lawmakers said. They added, "It will be too late to act after a child is mauled."

McHose and Littell later labeled the governor's letter "pseudo-scientific comment" and "left-wing lunacy."

John Rogalo of Stanhope is the northern regional VP of the New Jersey Federation of Sportsmen. "Corzine had everything back on his desk in June. For him to wait until now to act is irresponsible. He is interfering with the sound, scientific management that is mandated by law," Rogalo said.

But Corzine said his administration must review policies implemented before he took office in January, including the bear hunt.

"I didn't see evidence that this was an effective element, and there were questions of whether we were fully implementing and investing in the overall bear-management policy in a way that was effective," Corzine said.

Corzine's budget provides only about $410,000 for all bear research, monitoring and control efforts. That's not nearly enough to do the job, with or without a hunt.

The alternatives that Corzine wants to look at have already been explored. The TerraMar Environmental Research report points out that proposed catch-and-release methods of population control favored by animal-rights advocates would be "unlikely to succeed" because of a variety of factors. Those including bear intelligence, range, and the abundance of bears in New Jersey that virtually assures failure of a comprehensive effort to use "fertility control" methods on a widely dispersed bear population.

Corzine and his staff are not unaware of this study, or the facts in the matter. It would appear that the decision not to hold this year's black-bear hunt is more a political favor to the animal-rights movement than a decision based on what is best for either the black bears or the citizens of New Jersey.

For years, the state has wrestled with how to control the bear population that has grown to more than 3,000 animals, mostly in the northwest, though the bruins have been sighted in all 21 counties.





ken.moran@nypost.com

Copyright 2006
NYP Holdings, Inc. All rights reserved.




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Tuesday, November 07, 2006

Judge Orders Wayne To Keep Hands Off Property


WAYNE TOWNSHIP / JUDGE ORDERS TOWN TO KEEP HANDS OFF MOSQUE'S PROPERTY



Becket Fund Mast Head



Smiley Flag WaverAfter the AAF purchased the property in 2001, it submitted a land development application to build a mosque. The congregation's efforts were opposed by a so-called “Property Protection Group” in the community, who labeled the mosque a “public nuisance.” Instead of protecting the First Amendment rights of the congregation, Wayne Township suddenly decided that it needed to seize the future home of the mosque for "open space." The AAF responded by filing suit in July of 2006, demonstrating that the Township violated the United States and New Jersey Constitutions as well as the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

“This is a great victory in the battle for the rights of religious organizations of all faiths,” said Kevin ‘Seamus’ Hasson, President of the Becket Fund for Religious Liberty, “However, the greater war will continue until local governments learn that the Constitution prohibits this type of eminent domain abuse.”



Judge Orders Town to Keep Hands Off Of Mosque's Property


Nov 2, 2006

For years, the Township of Wayne, New Jersey stopped the Albanian Associated Fund (AAF), a Muslim congregation, from building a mosque, culminating in its most recent ploy of using eminent domain to take the congregation's property for "open space." Yesterday federal district court judge Peter Sheridan prevented them from taking any further action. In response to a lawsuit brought by Roman P. Storzer of Storzer & Greene P.L.L.C. and The Becket Fund for Religious Liberty, Judge Sheridan issued an injunction that prohibits the Township from seizing the property.

“This is a great victory in the battle for the rights of religious organizations of all faiths,” said Kevin ‘Seamus’ Hasson, President of the Becket Fund for Religious Liberty, “However, the greater war will continue until local governments learn that the Constitution prohibits this type of eminent domain abuse.”

After the AAF purchased the property in 2001, it submitted a land development application to build a mosque. The congregation's efforts were opposed by a so-called “Property Protection Group” in the community, who labeled the mosque a “public nuisance.” Instead of protecting the First Amendment rights of the congregation, Wayne Township suddenly decided that it needed to seize the future home of the mosque for "open space." The AAF responded by filing suit in July of 2006, demonstrating that the Township violated the United States and New Jersey Constitutions as well as the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

“Judge Sheridan saw the Township's actions as suspect and gave our clients just what they needed,” said attorney Roman P. Storzer. “This is exactly what we were hoping for.”

“It is wonderful to see the courts in this country protect religious freedom,” said Atmi Kurtishi, president of the Albanian Associated Fund. “But we couldn't have done it without Roman Storzer and the Becket Fund.”

Mr. Storzer's firm and The Becket Fund have represented numerous religious institutions in New Jersey, including Living Faith Ministries, a Christian church that last year successfully prevented the Camden County Improvement Authority from confiscating its property for redevelopment.

A trial has been set for February 13, 2007.




The Becket Fund for Religious Liberty
1350 Connecticut Ave. NW, Suite 605, Washington, D.C. 20036
phone: 202.955.0095 · fax: 202.955.0090




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Menendez Supports Activist Courts, Tryannical Judges


NEW JERSEY / ELECTION 2006: MENENDEZ SUPPORTS ACTIVIST COURTS, TYRANNICAL JUDGES



NRO Mast Head



The state supreme court’s decision in Lewis v. Harris is a classic example of judicial activism -- that is, judges usurping the role of elected representatives by legislating from the bench and inventing new rights.

New Jerseyans are a tolerant lot, but they’re fed up with the activist courts that incumbent Bob Menendez supports.

For those fed up with activist judges and the poisoning of the confirmation process, the choice on Election Day is an easy one -- returning Bob Menendez to Washington is simply not an option.



Not Too Keen on Activist Judges?

A Vote For Bob Menendez Is A Vote For Judicial Activism.


~ By Curt Levey



In the last weeks of the campaign the state supreme court added a potentially volatile issue to the campaign mix -- gay marriage. The court’s ruling last week in Lewis v. Harris, guaranteeing gay couples all the benefits of marriage, angered many New Jerseyans who saw it as an example of judicial overreach. Pundits who say that the court’s decision will nonetheless have little impact on the race are viewing the issue too narrowly. The ruling will give challenger Tom Kean Jr. an edge because it drives home to voters the problem of judicial activism. When it comes to gay rights, New Jerseyans are a tolerant lot, but they’re fed up with the activist courts that incumbent Bob Menendez supports.

The state supreme court’s decision in Lewis v. Harris is a classic example of judicial activism -- that is, judges usurping the role of elected representatives by legislating from the bench and inventing new rights. In Lewis, the justices found a right to gay marriage or its equivalent that had heretofore lain undiscovered in the state constitution for more than 160 years. The court has graciously allowed the state legislature to determine the aesthetics of the new marriage-like institution, but the decision about whether to create such an institution was taken completely out of the hands of the people’s representatives.

The problem for Bob Menendez is not that he embraced this particular ruling and opposes an amendment -- called for by Kean -- that would define marriage as a heterosexual union. After all, a June poll indicated that nearly half of New Jersey voters support gay marriage. Instead, Menendez’s vulnerability lies in his obvious sympathy for judicial activism at a time of growing voter concern about activist judges.

During the 2006 election cycle alone, at least four states have seen efforts to rein in judges. This follows on the heels of the 2004 election, in which the issue of activist judges made the difference in several close Senate races. With another U.S. Supreme Court vacancy looming, there is every reason to believe this issue can make the difference in New Jersey in 2006.

New Jerseyans will have Lewis on their minds when they vote because they know that the dangers of judicial activism -- in both state and federal courts -- extend well past the institution of marriage. Several of the most hotly debated issues in the New Jersey Senate race, including homeland security, stem-cell research, and government ethics, are susceptible to judicial overreach. As a result, the legislative votes cast by New Jersey’s next senator may affect these issues less than his votes on judges.

The same holds true for other issues of concern to New Jerseyans, ranging from religious liberty to private-property rights to the protection of children from internet pornography. That’s why Jersey voters cannot ignore Bob Menendez’s troubling record on judges.

Menendez’s support for judicial activism goes well beyond his embrace of Lewis. It was evident when he pledged to “use support for abortion rights as a litmus test for Supreme Court nominees.” Both pro-choice and pro-life voters should be concerned with this statement, because it telegraphs Menendez’s preference for judges who behave like politicians, promising certain results instead of following where the law leads them. Similarly, Menendez’s hostility to the constitutional amendment supported by Kean indicates a preference for letting unelected judges, rather than the people of New Jersey, determine important social and moral issues.

Voters will also weigh the cold shoulder that Bob Menendez gave to West Caldwell resident Samuel Alito when he was nominated to the U.S. Supreme Court last year. New Jerseyans were proud of their hometown boy, but Menendez tried to deny Alito a vote in the Senate by supporting a filibuster. When that failed, Menendez voted to reject Alito’s nomination. Do New Jerseyans want a senator who puts partisan politics above both loyalty to the state and the principle of a fair up or down vote?

Menendez’s campaign commercials label Alito and John Roberts -- both of whom Kean says he would have voted to confirm -- as “anti-choice Supreme Court justices.” In fact, both men were nominated by the president and confirmed by the Senate because they are the antithesis of activist judges. Both have pledged to keep an open mind on abortion issues. But to senators like Menendez who are looking for judges who promise guaranteed outcomes, an open mind is a bad thing.

Injecting partisan politics into the confirmation process is nothing new for Bob Menendez. Though not yet in the Senate, Menendez denounced Honduran native Miguel Estrada -- President Bush’s nominee to the nation's second highest court -- for not being “Hispanic enough.” Never mind that Estrada arrived here speaking little English. And never mind that a bilingual survey found that 80 percent of the Hispanic community thought it was important to confirm Estrada. Contrast that with Menendez’s accusation against Governor McGreevey of having slighted Hispanics when the governor dropped the nomination of Cuban-born Zulima Farber to the New Jersey supreme court. In Menendez’s view, a Republican Hispanic who believes in judicial restraint is not a real Hispanic.

After enduring two years of Senate obstruction, including multiple filibusters, Estrada withdrew from consideration as attacks from Menendez and other Democrats drove his wife towards an emotional breakdown. Just a few obstructionist senators made the difference in dooming Estrada. Similarly, the New Jersey Senate race could make the difference for pending and future judicial nominees. The outcome may well determine if nominees like Estrada and Alito are given a fair up or down vote, and whether justice is delayed because obstruction causes judicial vacancies to go unfilled. New Jersey voters will clearly help to shape the direction of the federal courts, whether towards greater activism or more restraint.

With so much on the line and another Supreme Court vacancy looming, the choice in the New Jersey Senate race is a crucial one. For those fed up with activist judges and the poisoning of the confirmation process, the choice on Election Day is an easy one -- returning Bob Menendez to Washington is simply not an option.




— Curt Levey is general counsel of the Committee For Justice, which promotes constitutionalist judicial nominees and the rule of law.

© National Review Online 2006-2007. All Rights Reserved.




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