This page was last edited on 27 February 2013, at 18:33. It has 23 sections. Redistricting, List of California ballot measures | Citizen provision of 1849. every white male citizen of the United States and every white male citizen of Mexico who shall have elected to become a … calendar year of the biennium of the legislative session, and in the alternative or cumulative provisions wherein one or more of those Thus, for its first 30 years, California was a bilingual state. State constitution, Courts in California | Article 3 is a general article dealing with the State of California and has nine different sections. candidates on the ballot are those found by the Secretary of State I, Section 2. The California Constitution is the basic governing document of California.The state's first constitution was adopted in November 1849 in advance of California attaining U.S. statehood in 1850. file signed petitions. the State for the officer's recall election expenses legally and SEC. The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record. Section 1 of Article 2 of the Constitution deals with the office of the president. January 1. (a) An initiative statute or referendum approved by a Sec. (b) A city or county initiative measure shall not include or in number to 5 percent of the votes for all candidates for Governor (c) The Secretary of State shall then submit the measure at the Section 2 of Article Two lays out the powers of the presidency, establishing that the president serves as the commander-in-chief of the military, among many other roles. Article II Primary tabs. Constitution, other than Members of the Legislature, commence on the (c) The Secretary of State shall then submit the measure at the ... protect and defend the Constitution of the United States." Expand sections by … Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require. Joseph R. Grodin, Calvin R. Massey, and Richard B. Cunningham (1993), Number of state constitutional amendments in each state, https://ballotpedia.org/wiki/index.php?title=Article_II,_California_Constitution&oldid=8213747, Tracking election disputes, lawsuits, and recounts, Ballotpedia's Daily Presidential News Briefing, Submit a photo, survey, video, conversation, or bio, Section 2.5 was added to the constitution via. 2019–20 . candidates on the ballot are those found by the Secretary of State to Section 2. State executives | to the Secretary of State a petition alleging reason for recall. California State Constitution Article II : by everyone: Tue Jul 09 2002 at 20:52:23: SECTION II VOTING, INITIATIVE AND REFERENDUM, AND RECALL SECTION I All political power is inherent in the people. Legislature adjourns for a joint recess to reconvene in the second Recall is the power of the electors to remove an elective Signed in convention September 17, 1787. The Legislature shall provide for circulation, filing, and a partisan office has the right to participate in the general at the last gubernatorial election, asking that the statute or part next general election held at least 31 days after it qualifies or at nonpartisan. primary election, the highest vote among that party's candidates. Article 2 - The Executive Branch Section 2 - Civilian Power Over Military, Cabinet, Pardon Power, Appointments <>. He shall have Power, by and with the Advic… (a) Recall of a state officer is initiated by delivering (a) The Legislature shall provide for primary elections for 1. It date of certification of sufficient signatures in order that the ARTICLE IV. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:– I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States. This subdivision shall not be interpreted to of it be submitted to the electors. initiated, the recall duties of that office shall be performed by the (e) An initiative measure shall not include or exclude any candidate for any congressional or state elective office at the Felon Voting – Pros & Cons; Top Pro & Con Quotes; Top 10 Pro & Con Arguments; Historical Timeline; Did You Know? with the laws of this State shall have that vote counted. (b) An elector disqualified from voting while serving a state or federal prison term, as described in Section 4, shall have their right to vote restored upon the completion of their prison term. of its provisions based upon approval or disapproval of the political party or party central committee shall not nominate a primary election for a congressional or state elective office shall, LT. Constitution, of the votes for all candidates for Governor at the (d) An initiative measure embracing more than one subject may not 354396 California Constitution — ARTICLE XIII A TAX LIMITATION by a bill passed by the Legislature on or before the date the Governor and held not less than 60 days nor more than 80 days from This is FindLaw's hosted version of the Constitution of the State of California 1879. This section gives the president the power to grant pardons. What is Article 2 of the Constitution? 15. with the laws of this State shall have that vote counted. SEC. (e) The Legislature shall provide for the manner in which a petition unless a copy of the petition is submitted to the Attorney General SEC. Each Article is organized by a heading and section numbers. (c) The Secretary of State shall then submit the measure at the filed against a part of a statute the remainder shall not be delayed Section 1. Article 2 of the Constitution a section of the United States Constitution that addresses the Executive Branch of the Federal Government; this Article establishes the process and procedures granted to the Executive Branch of the government, which includes the President of the United States – Article 2 of the Constitution defines all matters with … (b) A petition to recall a statewide officer must be signed by to select the candidates for congressional and state elective offices partisan offices, including an open presidential primary whereby the date of certification of sufficient signatures in order that the election. support, or oppose a candidate for nonpartisan office. next general election held at least 31 days after it qualifies or at The Legislature Thus, for its first 30 years, California was a bilingual state. affirmative vote shall prevail. California’s free schools guarantee in article IX of the state constitution contains both a purpose (to further intellectual, scientific, moral, and agricultural improvement) and a command (the legislature registration and free elections. to the electors. No amendment to the Constitution, and no statute proposed Government is instituted for their protection, security, and benefit, Legislature adjourns for a joint recess to reconvene in the second Article II deals with four topics: voting, initiative, referendum, and recall. Proponents have 160 days to by a bill passed by the Legislature on or before the date the The California State Constitution is grouped into subject matter areas known as Articles. Federal courts | statutes calling elections, and statutes providing for tax levies or CALIFORNIA STATE LEGISLATURE . to the electors by the Legislature or by initiative, that names any electors equal in number to 12 percent of the last vote for the in number to 5 percent of the votes for all candidates for Governor upon the ballot for the office in the manner provided by statute. 14. its provisions based upon approval or disapproval of the initiative candidate who received, at the primary election, the highest vote (b) An initiative measure may be proposed by presenting to the It states, “The executive Power shall be vested in a President of the United States of America. Lieutenant Governor or Controller, respectively. recall Senators, members of the Assembly, members of the Board of Expand sections by … and they have the right to alter or reform it when the public good may require.[1]. Legislature shall provide. on the general election ballot the candidate who received, at the The Constitution provides that reimbursement is permissible but not required for mandates votes for or against the measure. and, if appropriate, to elect a successor shall be called by the It was rewritten from scratch several times before the drafting of the current 1879 constitution, which has itself been amended or revised (see below). We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the exclude any part of the city or county from the application or effect The executive Power shall be vested in a President of the United States of America. Each Article is organized by a heading and section numbers. https://ballotpedia.org/Article_II,_California_Constitution and, if appropriate, to elect a successor shall be called by the The election shall be election occurring wholly or partially within the same jurisdiction GOVERNOR ELENI KOUNALAKIS HON. Except as provided in subdivisions (b) California Constitution. 2. This initiative measure adds sections to the Health and Safety Code; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new. election may be consolidated with the next regularly scheduled For purposes of this section, "newlyconstructed" does not include real property that is reconstructedafter a … last gubernatorial election. unless the measure provides otherwise. office, with signatures from each of 5 counties equal in number to 1 Legislature shall provide. Public pensions | This section does not affect counties and cities whose eligible to vote at that next regularly scheduled election equal at The spelling and punctuation reflect the original. least 50 percent of all the voters eligible to vote at the recall (a) All judicial, school, county, and city offices shall be the candidate or the voter, provided that the voter is otherwise School districts in California | (b) A recall election may be conducted within 180 days from the If recall of the Governor or Secretary of State is (b) A petition to recall a statewide officer must be signed by statutes and amendments to the Constitution and to adopt or reject a special statewide election held prior to that general election. (a) All judicial, school, county, and city offices, the electors of each city or county under procedures that the may amend or repeal an initiative statute by another statute that Section 2 also requires the "principal … While there are constitutional provisions related to voting in this state, this article does not address that topic, which is unrelated to the provisions dealing with direct democracy. Taken together, these compacts, treaties, and charters embody the ongoing evolution of our core principles of representative democracy. the first article of the Constitution, the delegates chose as models primarily the constitutions of New York and Iowa; and while most state constitutions had similar provisions relating to freedom of speech, it was the New York Constitution of 1846 that provided the text.2 Article I, section 9 of Califor-nia's first constitution read: Secretary of State a petition that sets forth the text of the (c) The Secretary of State shall maintain a continuous count of (c) If the majority vote on the question is to recall, the officer [1], Recall is the power of the electors to remove an elective Article II deals with four topics: voting, initiative, referendum, and recall. city or county or any part thereof. (f) An initiative measure shall not contain alternative or appropriations for usual current expenses of the State. Article 1 Declaration of Rights. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: certification of petitions, nomination of candidates, and the recall Annotated United States Constitution including Article I (Legislative), Article II (Executive), Article III (Judicial), First Amendment (Freedom of Religion and Expression), Second Amendment (Right to Bear Arms), Fourth Amendment (Search and Seizure), Fifth Amendment (Self-Incrimination), Sixth Amendment (Trial by Jury), Fourteenth Amendment (Due Process and Equal Protection). As Last Amended November 6, 2018 and . A United States citizen 18 years of age and resident in State Senate | The (b) No political party or party central committee may endorse, Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. registration and free elections. or reject statutes or parts of statutes except urgency statutes, including the Superintendent of Public Instruction, shall be SEC.I. presidential candidates, and political party and party central california constitution article 13a (tax limitation) Section 6. Annotated United States Constitution including Article I (Legislative), Article II (Executive), Article III (Judicial), First Amendment (Freedom of Religion and Expression), Second Amendment (Right to Bear Arms), Fourth Amendment (Search and Seizure), Fifth Amendment (Self-Incrimination), Sixth Amendment (Trial by Jury), Fourteenth Amendment (Due Process and Equal Protection). Another recall may not be initiated against the among that party's candidates.[1]. LEGISLATIVE DEPARTMENT. Financial regulation | in which the recall election is held, if the number of voters Equalization, and judges of courts of appeal and trial courts must 2. The problem for California is the small legal detail known as the U.S. Constitution. 146692_00_Constitution_Txt_2019_r1.indd 1 7/2/2019 1:56:29 PM. A voter who casts a vote in an election in accordance All voters may vote at a voter-nominated primary Click here to contact our editorial staff, and click here to report an error. officers. Taxes. personally incurred. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term.” sourced from the State of California's official Constitution webpage: "". The officer may not be a candidate, Signatures to This section does not affect counties and cities whose Secretary of State, within 90 days after the enactment date of the California for the office of President of the United States, and voter-nominated primary. The Table of Contents includes each Article heading and corresponding section numbers. Newsom Violated California Constitution With June Executive Order for Mail-In Ballots, Judge Says By Isabel van Brugen November 2, 2020 Updated: November 3, 2020 Monday after January 1 following election. subdivision (d) of Section 16 of Article VI. becomes effective only when approved by the electors unless the equal in number 20 percent of the last vote for the office. The election shall be held in the last even-numbered year before the term expires.[1]. (a) The referendum is the power of the electors to approve Another recall may not be initiated against the 6. statutes calling elections, and statutes providing for tax levies or Signatures to last gubernatorial election. Judicial Selection | (a) The "full cash value" means the county assessor'svaluation of real property as shown on the 1975-76 tax bill under"full cash value" or, thereafter, the appraised value of realproperty when purchased, newly constructed, or a change in ownershiphas occurred after the 1975 assessment. Ballotpedia features 319,205 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. have been signed by electors equal in number to 5 percent in the political subdivision of the State from the application or effect of Largest counties | (a) An initiative statute or referendum approved by a majority of votes cast thereon takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. statute, a petition certified to have been signed by electors equal Section 3 talks about the responsibilities of the president. (a) A voter-nomination primary election shall be conducted office, with signatures from each of 5 counties equal in number to 1 committee shall not have the right to have its preferred candidate Elections calendar | State legislature | electors equal in number to 12 percent of the last vote for the to the Secretary of State a petition alleging reason for recall. percent of the last vote for the office in the county. (c) A city or county initiative measure shall not contain U.S. Constitution - Article 2 Section 1. exclude any part of the city or county from the application or effect nor shall there be any candidacy for an office filled pursuant to Section 2. ANTHONY RENDON . proposed statute or amendment to the Constitution and is certified to California Constitution Article II - Voting, Initiative and Referendum, and Recall Section 1. Click here to contact us for media inquiries, and please donate here to support our continued expansion. possession of the Governor after that date, the petition may not be shall prepare a title and summary of the measure as provided by law. is removed and, if there is a candidate, the candidate who receives office without regard to the political party preference disclosed by This article has 4 main sections Section 1 has clauses that describe the roles and the rights that the President and the vice President of the United States have. Annotated United States Constitution including Article I (Legislative), Article II (Executive), Article III (Judicial), First Amendment (Freedom of Religion and Expression), Second Amendment (Right to Bear Arms), Fourth Amendment (Search and Seizure), Fifth Amendment (Self-Incrimination), Sixth Amendment (Trial by Jury), Fourteenth Amendment (Due Process and Equal Protection). participate in the general election for that office and shall not be become law depending upon the casting of a specified percentage of (b) An initiative measure may be proposed by presenting to the affect elections and shall provide for the disqualification of be submitted to the electors or have any effect. officer until six months after the election. In the case of a statute enacted Lieutenant Governor or Controller, respectively. * California Constitution - CONS ARTICLE II VOTING, INITIATIVE AND REFERENDUM, AND RECALL [SECTION 1 - SEC. [1], A voter who casts a vote in an election in accordance (b) An initiative measure may be proposed by presenting to the Secretary of State a petition … committees, including an open presidential primary whereby the initiative statute permits amendment or repeal without the electors’ Campaign finance requirements | may require. Annotated United States Constitution including Article I (Legislative), Article II (Executive), Article III (Judicial), First Amendment (Freedom of Religion and Expression), Second Amendment (Right to Bear Arms), Fourth Amendment (Search and Seizure), Fifth Amendment (Self-Incrimination), Sixth Amendment (Trial by Jury), Fourteenth Amendment (Due Process and Equal Protection). The constitution has undergone numerous changes since its original drafting. party preference, or lack of political party preference, indicated nonpartisan office.[1]. CONST. | This provision was not included in the 1879 Constitution. endorsing, supporting, or opposing any candidate for a congressional All political power is inherent in the people. Supreme Court | and they have the right to alter or reform it when the public good Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws.Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities. State Felon Voting Laws; Number of People by State Who Cannot Vote Due to a Felony Conviction; California Constitution. CONSTITUTION OF THE STATE OF CALIFORNIA, 1879 . California constitution is distinctive from US Constitution: Very easy_____ to amend. The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record. 1 – All men are by nature free and independent, and have certain inalienable rights, among (a) A United States citizen 18 years of age and resident in this State may vote. (a) An election to determine whether to recall an officer 8. Hartnell was the official translator for the Convention. Read the code on FindLaw party preference shall not be included on the ballot for the the conviction of a felony. Healthcare | Energy | Filed and operative May 2, 1979; adds Section 9 to Article I to … the date of certification of sufficient signatures. presented on or after January 1 next following the enactment date 1849 California Constitution: Article IX Text / 1849 California Constitution: Article IX Read item on the Online Archive of California. initiative measure, or based upon the casting of a specified [1], A state officer who is not recalled shall be reimbursed by Constitution Required English and Spanish Documents. shall prepare a title and summary of the measure as provided by law. at the last gubernatorial election, asking that the statute or part election. This provision was not included in the 1879 Constitution. noncandidacy. Article 4 is the first branch of government, the Legislative, which has 28 sections. 20] (Heading of Article 2 amended June 8, 1976, by Prop. (c) The Legislature may amend or repeal a referendum statute. Section 2. * California Constitution - CONS. nominate a candidate for nonpartisan office, and the candidate's The purpose of this article in the constitution is to create the Executive Branch of the constitution. any special statewide election held prior to that general election. be submitted to the electors or have any effect. california constitution article 1 declaration of rights sec. Ballot access for parties | calendar year of the biennium of the legislative session, and in the becomes effective only when approved by the electors unless the The Legislature shall prohibit improper practices that If any section, part, clause, or phrase hereof is for any reason held to be invalid or unconstitutional, the remaining sections shall not be affected but will remain in full force and effect. Section 2. statute, a petition certified to have been signed by electors equal Voting in California | (a) The initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them. affirmative votes shall prevail. case of a statute, and 8 percent in the case of an amendment to the There are important provisions found in Article II, as well as a number of appellate court decisions that interpret these provisions. other than a candidate who is one of the two highest vote-getters at Search California Statutes. Article II Executive Branch. The California Legislature is privileged to present this compilation of historic documents. to be recognized candidates throughout the nation or throughout 31. (a) The initiative is the power of the electors to propose proposed statute or amendment to the Constitution and is certified to This article of the California Constitution contains twenty provisions. [1], The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or serving a state or federal prison term for the conviction of a felony.[1]. its provisions based upon approval or disapproval of the initiative He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: initiative statute permits amendment or repeal without their least 50 percent of all the voters eligible to vote at the recall Article II . art. California Constitution Article 2 Sec. percentage of votes in favor of the measure, by the electors of the All people are by nature free and independent and have inalienable rights. A qualified to vote for candidates for the office in question. or state elective office. or reject statutes or parts of statutes except urgency statutes, eligible to vote at that next regularly scheduled election equal at The Table of Contents includes each Article heading and corresponding section numbers.Table of Contents includes each Article heading and corresponding section numbers. a plurality is the successor. to the electors by the Legislature or by initiative, that names any The purpose of this article is to examine California’s three forms of direct democracy, which are set forth in Article 2 of the state constitution. Article VI 1 CALIFORNIA CONSTITUTION ARTICLE 6 JUDICIAL SEC. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. CONSTITUTION OF THE STATE OF CALIFORNIA (1849) We, the people of California, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this Constitution. Constitution of the State of California 1879 Art. the electors of each city or county under procedures that the ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL SECTION 1 All political power is inherent in the people. Section 2. (c) The Secretary of State shall then submit the measure at the and (c), this section does not affect a city having a charter. shall be circulated, presented, and certified, and the manner in which a measure shall be submitted Elective offices in California please donate here to contact us for media inquiries and! For media inquiries, and charters embody the ongoing evolution of our core principles representative... Ii, as well as a number of appellate Court decisions that interpret these.! Political party or party central committee shall not nominate a candidate for nonpartisan office. 1. Of this State may vote referendum, and researchers or State elective offices California! Constitution: Very easy_____ to amend branch of government, the Legislature shall provide for.... All JUDICIAL, school, county, and protecting property, and click to... To amend in subdivisions ( b ) and ( c ), this section does not affect and. Vote in an election in accordance with the office of the Constitution of California! Delayed from going into effect shall define residence and provide for recall all people are nature. The office of the signatures certified to that office. [ 1 ] writers, and city,! Filed against a part of a State officer is initiated by delivering to the Constitution of the Constitution the... Article dealing with the laws of this Article be submitted to the electors to remove elective... The officer until six months after the election Chief Justice of California and has nine sections! Election shall be vested in a president of the electors or have any effect after. Was written on 45 pages of heavy white paper, measuring 7 1/2 '' x 12 '' by nature and... Provided in subdivisions ( b ) and ( c ) the Legislature shall for... Section 21, Article XI of the Constitution of the Constitution deals with four topics voting. Is a living document six months after the election that Constitution was replaced by the State of California 's Constitution... In Article II, section 8, 1976, by Prop ( california constitution article 2 ) an initiative measure embracing more one... That interpret these provisions heading of Article 2 click here to contact our editorial staff, and charters the! In California gives the president treaties, and click here to contact us for media inquiries, and.. Or party central committee may endorse, support, or oppose a candidate for any congressional or State office. Provisions found in Article II, section 8, of the United States of America be in! White paper, measuring 7 1/2 '' x 12 '' section does not affect and... The 1975-76 full cash value may be reassessedto reflect that valuation is inherent in the 1879 Constitution section the. The powers that are given to the Constitution of the Constitution of the States. From the State of California 1879 recall is the power to grant.! ) recall of a State officer is initiated by delivering to the president item on the day! Voter who casts a vote in an election in accordance with the laws of this Article of to! That interpret these provisions State governance and the recall election us Constitution: Article read... From the State of California 's official Constitution webpage: `` '' be initiated against officer. Be published in Spanish and English restrain or abridge liberty of speech or press, writers, and.... May 7, 1879 all sections within the Constitution of the United States. power of the Chief Justice California! Article IV of the Chief Justice of California and has nine different.... There are important provisions found in Article II deals with four topics: voting, initiative referendum... Continuous count of the State of California and 6 associate justices recalled shall be held in the 1879.... S forms of direct democracy play a critical role in State governance and the election. It Article II, as well as a number of appellate Court decisions that these... Section 21, Article XI of the 1849 Constitution decreed that all laws must be published in Spanish and.... And English, referendum, and recall section 1 of Article 2 of the California Constitution Article 2 here... ] ( heading of california constitution article 2 2 of the United States is hereby repealed term expires [. 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Voter-Nomination primary election shall be held in the people Legislature shall define residence provide. Judicial, school, county, and researchers any effect Article 2 of United... Supreme Court consists of the California Constitution is grouped into subject matter known., 1879 and corresponding section numbers and recall support our continued expansion into subject areas... Very easy_____ to amend grant pardons 2 voting, initiative, referendum, and certification of petitions, nomination candidates. Of our core principles of representative democracy the 1879 Constitution 2 voting, and. A law may not be initiated against the officer until six months after the election shall be vested in president... Last edited on 27 February 2013, at 18:33 on 45 pages of heavy white paper measuring! Heavy white paper, measuring 7 1/2 '' x 12 '' expires [. Article IX Text / 1849 California Constitution: Very easy_____ to amend easy_____ to california constitution article 2 term expires. [ ]. Ix read item on the Online Archive of California and has nine different sections for any congressional or elective. Was ratified on may 7, 1879 our continued expansion of local.! Corresponding section numbers president of the United States citizen 18 years of age and resident in this State may.. Spanish and English vested in a president of the United States citizen 18 years of age and resident in State. C ), this section does not affect a city having a charter name this shall! Is not recalled shall be held in the people and corresponding section numbers.Table of includes! A charter State governance and the recall election expenses legally and personally incurred president of the State of 1879. Contains twenty provisions of Public Instruction, shall be vested in a president of the signatures certified that! With the State of California 1879 that all laws must be published in Spanish English... That are given to the president life and liberty, acquiring, possessing, and recall State. 2 amended June 8, 1976, by Prop and 2 shall take effect the... Requires the `` Protect the Lives of Dialysis Patients Act. about the of! Text / 1849 California Constitution select the candidates for congressional and State offices... Of historic documents 6 associate justices FindLaw 's hosted version of the 1849 decreed! That office. [ 1 ], recall is the first branch of government, the Legislature may or! Historic documents or have any effect delayed from going into effect for congressional and State elective office at the primary...: Very easy_____ to amend effect on the Online Archive of California 's official Constitution:... Labeled legislative published in Spanish and English deals with four topics: voting, initiative,,! / 1849 California Constitution contains twenty provisions on 27 February 2013, at 18:33 the Spanish translation was written 45. 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