2014 Indiana Code TITLE 3. ELECTIONS ARTICLE 11. VOTING METHODS, SUPPLIES, AND EQUIPMENT CHAPTER 3. DISTRIBUTION OF BALLOTS AND OTHER SUPPLIES
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IC 3-11-3
Chapter 3. Distribution of Ballots and Other Supplies
IC 3-11-3-1
Application of chapter
Sec. 1. This chapter applies to each precinct.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-2
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-3-3
Paper ballots for precincts where voting systems not sufficient to
register all votes
Sec. 3. If, in the judgment of a county election board, the number
of voters in a precinct of the county where a voting system is used for
voting is so large that the voting system in use will not be sufficient
to register the vote of all the voters in the precinct, the board may use
paper ballots in addition to the voting system. The voting by paper
ballot is subject to all the restrictions prescribed by this article.
As added by P.L.5-1986, SEC.7. Amended by P.L.2-1996, SEC.135;
P.L.3-1997, SEC.266; P.L.221-2005, SEC.42.
IC 3-11-3-4
Repealed
(Repealed by P.L.219-2013, SEC.31.)
IC 3-11-3-5
Repealed
(Repealed by P.L.5-1989, SEC.120.)
IC 3-11-3-6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-3-7
Repealed
(Repealed by P.L.38-1999, SEC.73.)
IC 3-11-3-8
Repealed
(Repealed by P.L.3-1997, SEC.475.)
IC 3-11-3-9
Repealed
(Repealed by P.L.38-1999, SEC.73.)
IC 3-11-3-10
Receipt of ballots and other supplies by inspector or member of
precinct election board
Sec. 10. The inspector of each precinct, or another member of the
precinct election board authorized in writing by the inspector, shall
appear at the office of the county election board of the inspector's
county on the second or third day before election day to receive
ballots and other supplies.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-11 Version a
Delivery of ballots and ballot supplies; delivery and installation of
hardware, firmware, and software for electronic poll lists
Note: This version of section effective until 4-1-2014. See also
following version of this section, effective 4-1-2014.
Sec. 11. (a) Except as provided in subsection (b), the county
election board shall deliver the following to each inspector or the
inspector's representative:
(1) The supplies provided for the inspector's precinct by the
election division.
(2) The local sample ballots, the ballot labels, if any, and all
poll lists, registration lists, and other supplies considered
necessary to conduct the election in the inspector's precinct.
(3) The local ballots printed under the direction of the county
election board as follows:
(A) In those precincts where ballot card voting systems are
to be used, the number of ballots at least equal to one
hundred percent (100%) of the number of voters in the
inspector's precinct, according to the poll list.
(B) In those precincts where electronic voting systems are to
be used, the number of ballots that will be required to be
printed and furnished to the precincts for emergency
purposes only.
(C) Provisional ballots in the number considered necessary
by the county election board.
(4) Twenty (20) ink pens suitable for printing the names of
write-in candidates on the ballot or ballot envelope.
(5) Copies of the voter's bill of rights for posting as required by
42 U.S.C. 15482.
(6) Copies of the instructions for a provisional voter required by
42 U.S.C. 15482. The county election board shall provide at
least the number of copies of the instructions as the number of
provisional ballots provided under subdivision (3).
(7) Copies of the notice for posting as required by
IC 3-7-29-1(f).
(8) The blank voter registration applications required to be
provided under IC 3-7-48-7(b).
(b) This subsection applies to a county that:
(1) has adopted an order under IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
The county election board shall deliver and install the hardware,
firmware, and software necessary to use an electronic poll list in each
precinct or vote center.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.214;
P.L.4-1991, SEC.63; P.L.2-1996, SEC.139; P.L.3-1997, SEC.270;
P.L.126-2002, SEC.41; P.L.209-2003, SEC.105; P.L.230-2005,
SEC.51; P.L.271-2013, SEC.15; P.L.2-2014, SEC.4.
IC 3-11-3-11 Version b
Delivery of ballots and ballot supplies; delivery and installation of
hardware, firmware, and software for electronic poll lists
Note: This version of section effective 4-1-2014. See also
preceding version of this section, effective until 4-1-2014.
Sec. 11. (a) Except as provided in subsection (b), the county
election board shall deliver the following to each inspector or the
inspector's representative:
(1) The supplies provided for the inspector's precinct by the
election division.
(2) The sample ballots, the ballot labels, if any, and all poll
lists, registration lists, and other supplies considered necessary
to conduct the election in the inspector's precinct.
(3) The ballots printed under the direction of the county
election board as follows:
(A) In those precincts where ballot card voting systems are
to be used, the number of ballots at least equal to one
hundred percent (100%) of the number of voters in the
inspector's precinct, according to the poll list.
(B) In those precincts where electronic voting systems are to
be used, the number of ballots that will be required to be
printed and furnished to the precincts for emergency
purposes only.
(C) Provisional ballots in the number considered necessary
by the county election board.
(4) Twenty (20) ink pens suitable for printing the names of
write-in candidates on the ballot or ballot envelope.
(5) Copies of the voter's bill of rights for posting as required by
42 U.S.C. 15482.
(6) Copies of the instructions for a provisional voter required by
42 U.S.C. 15482. The county election board shall provide at
least the number of copies of the instructions as the number of
provisional ballots provided under subdivision (3).
(7) Copies of the notice for posting as required by
IC 3-7-29-1(f).
(8) The blank voter registration applications required to be
provided under IC 3-7-48-7(b).
(b) This subsection applies to a county that:
(1) has adopted an order under IC 3-7-29-6; or
(2) is a vote center county under IC 3-11-18.1.
The county election board shall deliver and install the hardware,
firmware, and software necessary to use an electronic poll book in
each precinct or vote center.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.214;
P.L.4-1991, SEC.63; P.L.2-1996, SEC.139; P.L.3-1997, SEC.270;
P.L.126-2002, SEC.41; P.L.209-2003, SEC.105; P.L.230-2005,
SEC.51; P.L.271-2013, SEC.15; P.L.2-2014, SEC.4; P.L.76-2014,
SEC.30.
IC 3-11-3-12
Packaging of ballots; attestation by circuit court clerk; inspector's
receipt; packages not to be opened
Sec. 12. (a) The ballots delivered to the inspector of each precinct
under section 11 of this chapter shall be placed in a strong and stout
paper envelope or bag, which shall then be tightly closed, fastened
securely, and attested by the initials of the circuit court clerk or the
clerk's designee in the presence of the inspector or the inspector's
representative. The inspector shall sign a receipt for the ballots. The
ballot packages may not be opened until:
(1) they have been delivered to the precinct election board to
which they are directed; and
(2) the precinct election board is fully organized and ready for
the reception of votes.
(b) The provisional ballots delivered to the inspector of each
precinct under section 11 of this chapter shall be placed in a strong
and stout paper envelope or bag, separate from the bag described in
subsection (a), which shall then be tightly closed, fastened securely,
and attested by the initials of the circuit court clerk or the clerk's
designee in the presence of the inspector or the inspector's
representative. The inspector shall sign a receipt for the provisional
ballots. The provisional ballot packages may not be opened until:
(1) they have been delivered to the precinct election board to
which they are directed; and
(2) the precinct election board is fully organized and ready to
receive votes.
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.42;
P.L.221-2005, SEC.43.
IC 3-11-3-13
Dispatch of special messenger to pick up ballots on failure of
inspector; report to county election board
Sec. 13. If an inspector (or the inspector's representative) fails to
appear at the office of the circuit court clerk by the close of the
second day before election day, the county election board shall
immediately dispatch a special messenger to the inspector's precinct
with the ballots for the precinct. After delivering the ballots, the
messenger shall promptly report to the county election board and file
with it:
(1) the receipt of the person to whom the messenger delivered
the ballots; and
(2) the messenger's affidavit stating when and to whom the
messenger delivered the ballots.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-14
Messenger's compensation and mileage allowance
Sec. 14. If a county election board dispatches a messenger under
section 13 of this chapter, the messenger is entitled to receive:
(1) two dollars ($2) for time; and
(2) a mileage allowance at a rate determined by the county
fiscal body for the distance necessarily traveled.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1997, SEC.3.
IC 3-11-3-15
Failure of inspector to appear at circuit court clerk's office under
IC 3-11-3-10
Sec. 15. If an inspector fails to appear at the office of the circuit
court clerk under section 10 of this chapter, the inspector is not
entitled to compensation for services at the election.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-16
Poll lists; voter registration lists; preparation; delivery to
inspectors; delivery and installation of electronic poll books
Sec. 16. (a) Except as provided in subsection (b), each county
election board shall prepare and have delivered to the inspectors of
the precincts, at the time they receive the ballots for their precincts,
a suitable number of voter registration lists certified under IC 3-7-29
and any other forms, papers, certificates, and oaths that are required
to be furnished to precinct election boards. The forms and papers
must be prepared in compliance with IC 3-5-4-8.
(b) In a county described by IC 3-7-29-6 or IC 3-11-18.1, the
electronic poll books shall be delivered and installed for use by the
county election board under section 11(b) of this chapter.
(c) The county voter registration office shall cooperate with the
county election board in the preparation of the lists certified under
IC 3-7-29 (or in the use of the electronic poll books).
As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003,
SEC.106; P.L.164-2006, SEC.90; P.L.194-2013, SEC.46;
P.L.271-2013, SEC.16; P.L.258-2013, SEC.70; P.L.64-2014,
SEC.40.
IC 3-11-3-17
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-18
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-19
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-20
Voters' poll list cover
Sec. 20. On the front cover of the bound looseleaf poll list sheets
or the book form poll lists the following should be printed:
(1) The heading: "VOTERS' POLL LIST COVER".
(2) A notice to the inspector that after the polls are closed the
poll list that has been used in the precinct on election day
should be assembled and enclosed in a separate envelope
provided for that purpose and delivered to the clerk of the
circuit court of the county in which the election is held with the
other election returns as provided in this title.
(3) The signatures of the inspector, judges, and clerks of the
election board, certifying the following:
(A) That the signatures shown in the list is the record of the
voters' poll list.
(B) The type of election.
(C) The date of the election.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.97;
P.L.4-1996, SEC.64.
IC 3-11-3-21
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-22
Instruction cards; write-in voting notice cards; printing and
delivery
Sec. 22. (a) Each county election board shall have printed in at
least 14 point type on cards in English, braille, and any other
language that the board considers necessary, the following:
(1) Instructions for the guidance of voters in preparing their
ballots.
(2) Instructions explaining the procedure for write-in voting.
(3) Write-in voting notice cards that must be posted in each
precinct that utilizes a voting system that does not permit a
voter to alter the voter's ballot after making a voting mark for a
write-in candidate so that the voter may vote for a candidate for
that office whose name appears on the ballot.
(b) The write-in notice cards described in subsection (a)(3) must
inform all voters that a voter:
(1) who wants to cast write-in votes may cast the voter's ballot
on the voting system required to be available to all voters in the
precinct under IC 3-11-15-13.3(e); and
(2) may choose to cast the voter's ballot on the voting system
described in subdivision (1) without being required to indicate
to any individual that the voter wishes to cast a ballot on the
voting system because the voter intends to cast a ballot for a
write-in candidate.
(c) The board shall furnish the number of cards it determines to
be adequate for each precinct to the inspector at the same time the
board delivers the ballots for the precinct and shall furnish a
magnifier upon request to a voter who requests a magnifier to read
the cards.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.216;
P.L.4-1991, SEC.64; P.L.3-1993, SEC.120; P.L.221-2005, SEC.44;
P.L.164-2006, SEC.91.
IC 3-11-3-23
Instruction cards; contents
Sec. 23. (a) The cards required by section 22 of this chapter must
contain instructions to the voters as to what must be done to:
(1) obtain ballots for voting;
(2) prepare ballots for voting; and
(3) obtain a new ballot in place of one accidentally defaced,
mutilated, or spoiled.
(b) The cards must contain, in underlined type, the following:
(1) That it is a crime to violate Indiana election laws.
(2) That the voter should examine the ballot to determine
whether the back of the ballot has:
(A) the initials of the poll clerks in ink; or
(B) the printed initials of the poll clerks, in a vote center
county using an electronic poll list and a printer separate
from the electronic poll list that prints on the back of each
ballot card, immediately before the ballot card is delivered
to the voter, the printed initials of the poll clerks captured
through the electronic signature pad or tablet at the time the
poll clerks log into the electronic poll book system.
(3) That the voter should examine the ballot to determine if the
ballot has any mark (other than the initials of the poll clerks)
before voting.
(4) That the voter should not make any mark on the ballot
except a voting mark in the manner provided by IC 3-12-1
because a mark other than a voting mark may void the ballot.
(5) That the voter should return the ballot to the poll clerks and
request another ballot if:
(A) the poll clerks' initials have not been properly placed on
the ballot;
(B) the ballot has a mark (other than the initials of the poll
clerks) before the voter places a voting mark on the ballot;
or
(C) the voter has improperly marked the ballot.
(c) The cards must also set out copies of IC 3-14-2-16,
IC 3-14-2-17, IC 3-14-3-10, IC 3-14-3-13, IC 3-14-3-15,
IC 3-14-3-16, and IC 3-14-4-9.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.217;
P.L.55-2014, SEC.2.
IC 3-11-3-24
Instruction cards; posting
Sec. 24. The inspector of each precinct shall have the cards
required by section 22 of this chapter posted as follows:
(1) One (1) of each card in each place or compartment provided
for the preparation of ballots.
(2) One (1) of each card at or close to the outer end of the chute.
(3) At least three (3) of each card in and about the polls.
As added by P.L.5-1986, SEC.7. Amended by P.L.69-2003, SEC.3.
IC 3-11-3-25
Sample ballots; posting
Sec. 25. As required by 42 U.S.C. 15482, the inspector of each
precinct shall post the samples of each of the state and local ballots
provided by the county election board under this article in and about
the polls. The sample ballots shall be printed on different paper than
the genuine ballots.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.102;
P.L.209-2003, SEC.111.
IC 3-11-3-26
Loss or destruction of ballots delivered to county election board;
report; affidavit of circumstances; resupply
Sec. 26. If by accident or casualty the ballots delivered to a county
election board, circuit court clerk, inspector, or other messenger are
lost or destroyed, the person in custody of the ballots shall report the
loss at once to the election board from which the ballots were
obtained. The person in custody of the ballots shall make an affidavit
of the circumstances of the loss, and the election board from which
the ballots were obtained immediately shall resupply the person.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-27
Failure or refusal to report and make proof of loss of ballots
Sec. 27. If the person in custody of the ballots fails or refuses to
report and make proof of the loss as required by section 26 of this
chapter, then any voter may do so. Upon such a report the election
board from which the ballots were obtained immediately shall send
a new supply of ballots by special messenger, as provided in other
cases.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-28
Securing ballots or other means of voting when none available
Sec. 28. If for any reason there are no ballots or other necessary
means for voting at the opening of the polls, the precinct election
board shall secure them as quickly as possible. If necessary, the
board may have ballots printed. However, the ballots must conform
as nearly as possible to the official ballots. The printing and the care
of the ballots are governed by the same provisions and penalties as
the printing and care of the other ballots prescribed by this article.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-29
Candidates appointed or selected after printing of ballots and
before election; name change
Sec. 29. (a) If a new candidate is appointed or selected under
IC 3-13-1 or IC 3-13-2 after the printing of ballots and before the
election, the election board may print ballots containing the name of
the new candidate.
(b) If a candidate entitled to be placed on the ballot changes the
candidate's legal name after the printing of ballots and before the
election, the board is not required to reprint ballots to reflect the
change of legal name.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.218;
P.L.5-1989, SEC.49; P.L.4-1996, SEC.65; P.L.3-1997, SEC.271;
P.L.202-1999, SEC.19; P.L.225-2011, SEC.53; P.L.194-2013,
SEC.47.
IC 3-11-3-29.3
Death of candidate who filed with secretary of state or election
division; name of deceased candidate printed on ballot;
replacement ballot; vote cast for deceased candidate void
Sec. 29.3. (a) This section applies to a candidate who has filed
with the secretary of state or election division as a candidate for
nomination in a primary election.
(b) If the election division determines that a candidate for
nomination in a primary has died, the division shall:
(1) not include the name of the candidate in the certification
transmitted to the county under IC 3-8-2-17; or
(2) if the certification to the county has already been
transmitted, notify the county election board of each county to
which the candidate's name has been previously certified.
(c) The county election board shall not print the name of a
deceased candidate described in subsection (b) on a primary ballot.
However, if the county election board has already printed ballots
containing the name of the deceased candidate, the county may
provide those ballots to voters and shall not reprint the ballot to
remove the name of the deceased candidate.
(d) A voter who has cast a ballot containing the name of a
deceased candidate is entitled to request a replacement absentee
ballot under IC 3-11-10-1.5.
(e) Any vote cast for a deceased candidate in the primary election
is void.
As added by P.L.194-2013, SEC.48.
IC 3-11-3-29.4
Death of candidate who filed with circuit court clerk or board of
elections and registration; name of deceased candidate printed on
ballot; replacement ballot; vote cast for deceased candidate void
Sec. 29.4. (a) This section applies to a candidate who has filed
with a circuit court clerk or board of elections and registration as a
candidate for:
(1) nomination in a primary election or municipal primary
election; or
(2) election to a political party office in a primary election.
(b) If the county election board determines by unanimous vote of
the entire membership that there is good cause to believe that a
candidate has died, the board shall not print the name of the
candidate on the primary ballot.
(c) However, if the county election board has already printed
ballots containing the name of the deceased candidate, the county
may provide those ballots to voters and shall not reprint the ballot to
remove the name of the deceased candidate.
(d) A voter who has cast a ballot containing the name of a
deceased candidate is entitled to request a replacement absentee
ballot under IC 3-11-10-1.5.
(e) Any vote cast for a deceased candidate in the primary election
is void.
As added by P.L.194-2013, SEC.49. Amended by P.L.76-2014,
SEC.31.
IC 3-11-3-29.5
Pasters; deceased candidates; vacancies
Sec. 29.5. (a) This section applies to a general or special election
in which the name of a candidate appears on the ballot. This section
does not apply to an election for presidential electors in which the
name of a candidate for President of the United States or Vice
President of the United States appears on the ballot.
(b) The election board shall print new ballots to remove the name
of a candidate who has died or is no longer a candidate under
IC 3-13-2-1 if:
(1) the candidate's party does not fill the vacancy under
IC 3-13-1 or IC 3-13-2 not later than noon, five (5) days before
the election; and
(2) when a candidate has died, the election board:
(A) receives a certificate of death issued under IC 16-37-3
not later than noon the seventh day before the election; or
(B) votes unanimously by the entire membership that there
is good cause to believe that the candidate has died.
(c) The election board shall provide the number of ballots
necessary to reflect a vacancy to the following:
(1) The absentee voter board.
(2) The inspector of each precinct in which the candidate is on
the ballot.
(3) The circuit court clerk.
(d) The election board may order the printing of new ballots that
omit the name of a candidate described in subsection (b). A ballot
printed under this subsection must contain the statement "NO
CANDIDATE" or "CANDIDATE DECEASED" or words to that
effect at the appropriate position on the ballot.
(e) If a candidate vacancy under IC 3-13-1 or IC 3-13-2 is filled
after noon five (5) days before the election, the election board is not
required to reprint ballots to remove the name of an individual who
is no longer a candidate but may do so upon the vote of the election
board.
As added by P.L.4-1991, SEC.65. Amended by P.L.2-1993, SEC.31;
P.L.3-1993, SEC.121; P.L.4-1996, SEC.66; P.L.3-1997, SEC.272;
P.L.38-1999, SEC.36; P.L.219-2013, SEC.32; P.L.258-2013,
SEC.71.
IC 3-11-3-30
Repealed
(Repealed by P.L.194-2013, SEC.50.)
IC 3-11-3-31
Leftover ballots; preservation; destruction
Sec. 31. (a) Each county election board shall preserve the unused
ballots that are left over after supplying the precincts, as prescribed
by section 11 of this chapter. The ballots shall be preserved until
expiration of the time for filing a contest or recount petition under
IC 3-12.
(b) The board shall then destroy all of the ballots, except for one
(1) regular ballot and one (1) provisional ballot.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.220;
P.L.3-1993, SEC.123; P.L.126-2002, SEC.44.
IC 3-11-3-32
Preservation of ballot in election record; entry of information
Sec. 32. (a) The county election board shall securely paste the one
(1) regular ballot that was preserved under section 31 of this chapter
in the election record immediately before the provisional ballot
placed under subsection (b). The board shall also enter below the
ballot the number of ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board.
(b) The county election board shall securely paste the one (1)
provisional ballot that was preserved under section 31 of this chapter
in the election record immediately after the regular ballot placed in
the record under subsection (a) and immediately before the place
where the vote is to be recorded. The board shall also enter below the
provisional ballot the number of provisional ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board.
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.45.
IC 3-11-3-33
Provision of ballot box
Sec. 33. Whenever a general election is held, the county election
board shall provide a ballot box for each precinct.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.221.
IC 3-11-3-34
Ballot boxes; specifications
Sec. 34. Each ballot box provided under section 33 of this chapter
must:
(1) have an opening in the lid sufficient only for a single ballot;
(2) have at least two (2) locks of different kinds and
combinations, so that one (1) key will not unlock the other; and
(3) be constructed to prevent fraud.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.222.
IC 3-11-3-35
Counties with population of more than 400,000 but less than
700,000; voting system malfunction; paper ballots and necessary
supplies
Sec. 35. (a) This section applies to a county having a population
of more than four hundred thousand (400,000), but less than seven
hundred thousand (700,000).
(b) In each precinct where voting is by electronic voting system,
the county election board shall provide the following to be used if an
electronic voting system malfunctions:
(1) The following number of paper ballots:
(A) Not less than ten (10) if the number of registered voters
in the precinct is not more than three hundred (300).
(B) Not less than twenty-five (25) if the number of registered
voters in the precinct is more than three hundred (300).
(2) The necessary supplies and equipment as required by
IC 3-11-11.
(c) Upon notice that an electronic voting system is out of order or
fails to work, the precinct election board shall make the paper ballots
provided under subsection (b) available to voters. The precinct
election board shall contact the county election board to obtain
additional ballots.
(d) Upon notice that an electronic voting system is out of order or
fails to work, the county election board shall deliver additional
necessary supplies to any precinct in the county, including additional
paper ballots.
As added by P.L.10-1992, SEC.22. Amended by P.L.20-1993, SEC.1;
P.L.221-2005, SEC.45.
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