Green Party of Mississippi

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BYLAWS OF THE

GREEN PARTY OF MISSISSIPPI

Article I. Name, Purpose, Membership

Article II. Party Structure

Article III. Executive Committees - General

Article IV. State Executive Committee

Article V. Standing Committees of the State Executive Committee

Article VI. Appeals Council

Article VII. Officers

Article VIII. Finances

Article IX. County Executive Committees

Article X. Municipal Executive Committees

Article XI. Congressional District Executive Committees

Article XII. Severability

Article XIII. Effect and Amendment

 

ARTICLE  1

NAME, PURPOSE, MEMBERSHIP

            1.   The name of this organization shall be Green Party of Mississippi.

            2.   The purpose of the Green Party of Mississippi shall be to work for peace, grassroots democracy, social and economic justice, and an ecologically sustainable society.  As part of our mission, we will nominate and endorse candidates for public office and engage in other political and educational activities in the State of Mississippi.

            3.   Membership in the Green Party of Mississippi is open to any person who supports the Party and who is in general agreement with the following Ten Key Values: Ecological Wisdom, Social Justice, Grassroots Democracy, Nonviolence, Decentralization, Community-Based Economics, Feminist Values, Respect for Diversity, Personal and Global Responsibility, and Future Focus.

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ARTICLE  2

PARTY STRUCTURE

            1.   The structure of the Green Party of Mississippi shall be a State Executive Committee and an executive committee from each county and Congressional district and from any municipality as herein provided.

            2.   On a common day set by the State Executive Committee in February 2004 and every four years thereafter, precinct caucuses shall be held for the purpose of electing delegates and alternates to represent the Green Party voters of the precinct at a county convention and to elect a precinct chair and a precinct secretary to serve for four years or until their successors are chosen.

            3.   On a common day set by the State Executive Committee in February or March 2004 and every four years thereafter, a county convention shall be held in each county for the purpose of electing delegates and alternates to the appropriate Congressional district convention(s) and the state convention in numbers reflecting their proportion of the membership of the Green Party of MS as determined by the State Executive Committee, to elect a county executive committee to serve for four years, to adopt or amend county party rules, to adopt resolutions, to nominate candidates, and to conduct such other business as may come before the convention.

            4.   On a common day set by the State Executive Committee in March 2004 and every four years thereafter, a Congressional district convention shall be held in each district to elect a Congressional district executive committee to serve for four years, to select delegates and alternates to the national convention of the Green Party of the United States as hereinafter provided, to adopt resolutions, to nominate candidates, and to conduct such other business as may come before it.                                      

            5.   A state convention shall be held in March or April 2004 and every four years thereafter at a time and place to be designated by the State Executive Committee to select delegates and alternates to the national convention of the Green Party of the United States as hereinafter provided, to select national committeepersons as designated by the Green Party of the United States, to select a State Executive Committee to serve for the next four years, to select one or more slates of presidential electors, to adopt a platform, to adopt or amend state party principles and rules, to nominate candidates, and to take such further action as is deemed proper by the delegates.  The convention may adjourn from day to day or to such time and place or times and places as the delegates deem proper and desirable.  If deemed appropriate by the State Executive Committee, the state convention may be reconvened within the same calendar year with 10 days’ public notice as provided by law, the same delegates having the authority of the previous convention.

            6.   At least 90 days before the second Tuesday in March in years in which a presidential election is held, the State Executive Committee shall announce the schedule of precinct, county, Congressional district, state and national meetings and the method of selecting delegates and alternates and conducting the meetings.  A copy of any rule or regulation shall be sent to the Secretary of State within 7 days after its adoption to become a public record.

            7.   Each participant in any precinct, county, district or state convention, before being allowed to vote or otherwise participate, shall sign the following statement: “I am a member of the Green Party of Mississippi and am not affiliated with any other Mississippi political party.”

            8.   The time and place for all public meetings of the Green Party of Mississippi and all units thereof shall be publicized fully and in such manner as to assure timely notice to all interested persons.  Such meetings shall be held in places accessible to all Green Party members and large enough to accommodate all interested persons.

            9.   The Green Party of Mississippi and all units thereof shall publicize fully, and in such manner as to assure timely notice to all interested persons, a complete description of the legal and practical qualifications of all officers and representatives of the Green Party of Mississippi so that prospective candidates or applicants for any elected or appointed position within the Green Party of MS will have full and adequate opportunity to compete for office.

            10.  The chair or secretary of the State Executive Committee shall register with the Secretary of State the name of the party and the names of all organizations officially sanctioned by the political party within 30 days after their founding.  The application for registration shall also include the affidavit of the chair or secretary listing the names of the members of the executive committee and its officers and the national committeeman and committeewoman, and assuring that they were elected according to state law.

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ARTICLE  3

EXECUTIVE COMMITTEES  - GENERAL

            1.   The provisions of this Article shall apply to executive committees of each Green Party unit, including county, Congressional district, and state.

            2.   Executive committees shall have power and authority to conduct the affairs of their respective Green Party units until the close of the regular unit convention next following the election of their members.  They may choose to operate by Robert’s Rules of Order or by consensus or by an informal democratic process of their choice.

            3.   Each executive committee shall elect its own officers.

            4.   The members of each executive committee shall hold office for four years or until their successors are chosen.

            5.   Vacancies on an executive committee may be filled by majority vote of the members present and voting at a duly called or regularly scheduled meeting not less than 10 days after notice of the filling of vacancies is given to the executive committee members.

            6.   The seat of any executive committee member may be declared vacant by a two-thirds vote of members present and voting at any regularly scheduled or properly called meeting of the executive committee in the event of one of the following:

a.         The minutes document that a member has missed three or more consecutive regular meetings of the executive committee;

b.         Documentation shows that a member is publicly, actively or financially supporting the candidacy of any person running against a Green Party candidate or against a candidate endorsed by the local or state Green Party executive committee, except in non-partisan elections;

c.         Malfeasance, misfeasance or nonfeasance in office or significant violation of the Ten Key Values of the Green Party of the United States;

                        d.         Resignation of the member in writing to the committee Secretary;

e.         Death of the member;

f.          Documentation of the changing of the member’s legal residence out of the area from which the member was elected.

            7.         Upon the declaration of a vacancy on the executive committee for reasons  stated under 6a, b, c, or f above, the member whose seat was declared vacant shall be notified in writing by the Secretary within five days of the reasons, witnesses, and evidence presented before the vacancy was declared.  The member shall have 20 days after the vacancy was declared to present to the Secretary in writing any request for reconsideration.  The member shall be notified of the date, time and place of the next regular or called meeting of the executive committee, and at such meeting the member or the member’s representative may be present in support of such request and the executive committee shall give a fair hearing to the member before voting to reconsider or to affirm the declaration of vacancy.

            8.   Any such hearing portion of an executive committee meeting may be open to non-members of the committee or not, at the option of the member whose seat was declared vacant.  The committee and the member may be represented by legal counsel at their own expense and may examine and cross-examine witnesses and present arguments.  The committee and the member have the right to videotape or audiotape the hearing for their own use.  The committee shall weigh the evidence and make its decision during the hearing, and the decision of the committee and a summary of the reasons therefore shall be written in the minutes.

            9.   A vacant position on an executive committee shall be filled with a person meeting the appropriate criteria at the next meeting of the committee or as soon thereafter as possible.  After a hearing in which a protested vacancy is affirmed, the position may be filled at the same meeting.

            10.   The chair or secretary of each Congressional district and county executive committee shall register the name of the party with the State Executive Committee and list the names of the executive committee members and officers and assuring that they have been elected according to law.

            11.   All meetings of executive committees shall be open to the public except by majority vote of the committee members present and voting to go into executive session for reasons specified in the minutes.  Any decisions made in the executive session shall be written in the minutes.

            12.   Meetings of executive committees may be called by the executive committee chair or by 25% of its members.  Written notice of regular and called executive committee meetings shall be given by the Secretary or another designated person to all members at their last known e-mail, fax or mailing addresses not less than 8 or more than 20 days before such meetings except in emergencies when the notice may be as little as 24 hours and given by telephone.  The notice shall specify the date, time and place of the meeting and include an agenda.

            13.   A quorum for any executive committee meeting shall be 35% of the members of the committee.

            14.   Upon leaving office, each officer or employee of the party shall turn over all records, books, finances, and other properties of the executive committee to his or her successor or to the executive committee.

            15.   Nothing in these Bylaws shall prevent executive committees from choosing to operate by consensus, instead of voting, at any time.  Majority votes are sufficient for election of officers.  On issues of any kind, 2/3 agreement of members voting is required.

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ARTICLE  4

STATE EXECUTIVE COMMITTEE

            1.   All power and authority to conduct any and all affairs of the Green Party of Mississippi shall be vested in a State Executive Committee consisting of 8 members from each Congressional district chosen by the delegates to the Congressional district convention.  The State Executive Committee members need not be delegates to the convention.  As a goal, half shall be male and half shall be female.  Delegates shall strive to make provision for fair representation of ethnic groups, youth and elders as in the population of the Congressional district.

            2.   The State Executive Committee is empowered and authorized, if and when permitted or required by law, to conduct and certify primary elections and canvass returns as provided by law, certify party primary candidates, establish federal election committees, and do all other duties conferred upon it by state or federal law.  As provided by state law, all duties in regard to legislative or other districts of more than one county shall be performed by the State Executive Committee, and candidates for any office from such district shall qualify with the State Executive Committee.

            3.   The State Executive Committee shall elect its officers and shall be the final authority on any question involving the Green Party of Mississippi, its officers, nominees and/or other executive committees.  The State Executive Committee, except as otherwise provided, shall have sovereign, original, appellate and supervisory power and jurisdiction of all party matters throughout the state and each county thereof between conventions.  It is empowered and authorized to prescribe and enforce rules, regulations and penalties against the violation of party loyalty, including the removing or debarring from party office or party privilege of anyone within its jurisdiction, including a member of the State Executive Committee, who violates the rules or its other lawful mandates.

            4.   The State Executive Committee may review, on appeal, the decision of the district, county and precinct conventions or committees, in all cases concerning the nomination of officers and all matters relating to rules and policies as hereinafter provided.

            5.   Members of the National Committee of the Green Party of the United States from Mississippi and the chairs of each county and district executive committee are ex-officio, non-voting members of the State Executive Committee.

            6.   The State Executive Committee shall meet at least quarterly and at other times as necessary.

            7.   The State Executive Committee is empowered to reconvene the state party convention if deemed necessary, with the same delegates as previously elected.  Any such reconvened convention shall exercise all the power and authority of a regular state convention.

            8.   Officers and employees of the State Executive Committee or of the Green Party of Mississippi shall not endorse or promote the candidacy of primary candidates for elective or appointive office prior to their official endorsement or nomination by the party.  Said officers and employees shall support only candidates endorsed or nominated by the party.

            9.   The Administrative Committee of the State Executive Committee shall consist of the officers of the State Executive Committee and the chairs of all of its standing committees.  At such time as an Executive Director of the Green Party of Mississippi may be chosen by the State Executive Committee, the Executive Director shall be an ex-officio, non-voting member of the Administrative Committee.

            10.   The Administrative Committee is empowered to act on behalf of the State Executive Committee in all party affairs between meetings of the State Executive Committee, subject to subsequent approval of the State Executive Committee.

            11.   The Administrative Committee makes recommendations to the State Executive Committee about the hiring and discharge of staff and the setting of salaries.  The Administrative Committee shall authorize expenditures of funds for the party after approval by the State Executive Committee of a budget to support such expenditures, and it is authorized to file necessary registrations, certifications, and reports with state and federal agencies for party campaign committees pursuant to federal election laws.

            12.   Meetings of the Administrative Committee shall be announced to all members of the State Executive Committee and open to all members of the State Executive Committee.  The Secretary shall distribute minutes of each Administrative Committee meeting and each State Executive Committee meeting to all members of the State Executive Committee within 10 days after the meeting.

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ARTICLE  5

STANDING COMMITTEES OF THE STATE EXECUTIVE COMMITTEE

            1.   The State Executive Committee shall have the following Standing Committees of its members:

                        a.         Elections Committee - keeps abreast of election laws; supervises conduct of primary elections, certification of candidates and election returns according to state and federal law; assures that county executive committees are informed of all pertinent information on elections;

                        b.         Budget and Finance Committee - recommends an annual budget for the operation of the state party; plans and implements fund-raising activities for the state party; the Treasurer of the State Executive Committee shall be an ex-officio member;

                        c.         Party Development and Education Committee - develops and implements plans for strengthening the party at all levels, including attracting membership, voter registration, and educating the general public about the Ten Key Values and the Green Party of Mississippi;

                        d.         Campaign Committee - assists local, district or state-wide Green Party candidates and their campaign organizations as requested; distributes information to local parties and candidates and works with the Elections Committee on compliance with campaign finance laws;

                        e.         Platform Committee - provides a forum for discussing important public and political issues, bringing the issues to the State Executive Committee, developing a state party platform, and taking State Executive Committee issues to meetings of the Green Party of the United States.

            2.   The Chair of the State Executive Committee shall appoint members and chairs to the standing committees subject to ratification of the State Executive Committee.  Each member of the State Executive Committee shall serve on at least one standing committee, but no more than two.

            3.   The Chair of the State Executive Committee may name other committees, their chairs and members as necessary, subject to ratification of the State Executive Committee.

            4.   The members of all standing committees shall serve until elections of new State Executive Committee officers or until their successors are chosen.

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ARTICLE  6

APPEALS COUNCIL

            1.   The Appeals Council of the State Executive Committee shall consist of five members of the State Executive Committee appointed by the Chair with the approval of the State Executive Committee and should be, if possible, other than Administrative Committee members.

            2.   The Appeals Council shall have appellate jurisdiction over all matters of party rules and internal operations at all levels, including the election of delegates or the operation of the various executive committees.

            3.   Any member of the Green Party of Mississippi feeling aggrieved by the action, inaction, or decision of any party unit or organization and unsatisfied after written complaint to that body may appeal to the Appeals Council.

            4.   All appeals to the Appeals Council shall be in writing setting out the names and addresses of the complaining parties and the name or identification of the unit against which the complaint is made, a clear and concise statement or explanation of the charge or complaint being made and the relief being sought.  A copy of the initial complaint made before the unit complained about shall be attached to the appeal.  The Appeals Council shall acknowledge the complaint in writing to the complainant, and send a copy of its procedures and rules.

            5.   The Appeals Council shall promptly notify in writing the unit complained of that the appeal has been taken and shall attach to such notification a copy of all papers submitted and a copy of its procedures and rules.  The unit complained of shall have the right to answer in writing the charges made against it, and the Appeals Council shall take no action on said complaint until 10 days after the serving of notice of said appeal on the unit complained of.  The Appeals Council shall take no action against the unit complained of without first having a hearing unless said unit shall fail to answer in writing within 10 days.

            6.   If the Appeals Council desires further information, it shall notify both parties of the information sought and give a copy of information received to the other party.  Members of the Appeals Council may also discuss the matter separately with either or both parties in an attempt to clarify issues or find common ground.  The Appeals Council shall discuss in person or by telephone conference call or cumulative e-mail or fax messages all matters presented to it.  The Appeals Council may present in writing a proposed response and resolution of the complaint to the parties and, if such is acceptable to both parties, adherence to the agreements contained therein shall resolve the complaint and end the involvement of the Appeals Council.

            7.   If a first or second proposed response and resolution is not acceptable to both parties, or if either party requests a hearing, the Appeals Council shall set a hearing during which both parties may present witnesses and evidence. At least 10 days prior to any such hearing, the Appeals Council shall furnish all parties with a written set of procedural rules for the conduct of the hearing, and failure to do so shall preclude holding of any hearing until rules are furnished to the parties.

            8.   After a hearing the Appeals Council may fashion whatever relief it deems equitable and appropriate, including removal of any member from office or ordering new elections at any level.

            9.   The decision of the Appeals Council shall be final unless appealed in writing to the full State Executive Committee with 10 days of receipt of the Appeals Council decision.  An appeal to the full State Executive Committee shall be perfected by mailing to the chair and secretary a copy of the appeal request, appeal request filed with the Appeals Council and the decision of the Appeals Council.  The decision of the Appeals Council shall be held in abeyance until the State Executive Committee renders final judgment on the appeal.

            10.   The Administrative Committee shall designate the time and place for hearing the appeal and shall prescribe the procedure for the conduct of the review within 40 days after receiving the appeal. \

            11.   Failure of the Appeals Council or State Executive Committee members to carry out their duties as described in this Article entitles an aggrieved party to appeal directly to the members of the Green Party of Mississippi for relief, including relief from their duties and positions for nonfeasance.

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ARTICLE  7

OFFICERS

            1.   Executive committee officers shall be elected by the executive committee at its first meeting following the convention at which it was elected.  The officers shall serve a term of four years or until their successors are chosen, unless removed by a majority vote of the members of the executive committee.

            2.   The officers of the executive committee of each party unit shall consist of a chair, a vice-chair, a secretary, and a treasurer.  The offices of secretary and treasurer may be held by the same person, but the offices of chair and secretary may not be held by the same person.

            3.   Chair - The chair of each executive committee shall be the chief executive officer and shall convene and preside at all official party meetings and have such other powers and duties as shall be granted from time to time by the committee.

            4.   Vice Chair - The vice chair shall carry out the duties of the chair in the absence of the chair and shall assist the chair as requested.  The vice chair shall be of the other gender than the chair.

            5.   Secretary - The secretary shall be in charge of all the files and records of the party unit and shall keep records of the minutes of the proceedings of all meetings of the unit, including conventions.  The secretary shall make such files and records available for inspection at a convenient and appropriate time at the request of any member of the Green Party of Mississippi.

            6.   Treasurer - The treasurer shall have custody of the funds of the party unit and report in writing on the funds in all accounts at each regular meeting of the executive committee.  The treasurer shall deposit all monies and valuables received in the name of and to the credit of the party unit in such insured banks and depositories as the executive committee shall designate by appropriate resolution.  Upon resolution by the executive committee, its treasurer shall be under bond in an amount to be determined by the executive committee.  The treasurer shall write checks and expend money of the party unit only as authorized by the budget or appropriate resolution and then only upon presentation of receipted bills, vouchers, or other appropriate written instruments and with the counter-signature of the chair or other designated officer.

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ARTICLE  8

FINANCES

            1.   An annual operating budget shall be approved by each executive committee at the beginning of each fiscal year, which shall be the same as the calendar year, and no party funds shall be expended for any purpose not provided for in said budget except with approval in advance of the executive committee.

            2.   No debts or financial obligations shall be incurred in the name of the party by anyone except as authorized by the budget or appropriate resolution.

            3.   A review of all financial records and transactions of the party unit shall be made at least annually and at such other times as may be required by the executive committee of the unit.  An audit may be conducted if and when deemed appropriate.

            4.   No fundraising activities shall be carried out in the name of the party at any level without the prior approval of the executive committee of the unit.  Before any party fundraising activity is authorized, the executive committee shall appoint a person or persons to be in charge of the receipt and disbursement of monies in connection with such activity and to ensure a proper, full and accurate accounting of monies received and expended for such activity.  The person or persons shall keep complete and accurate records for inspection by any executive committee member and shall, within a reasonable time, make a financial report to the executive committee on the said activity.

            5.   An executive committee may, by appropriate resolution, authorize the establishment of one or more campaign fund accounts for the purpose of receiving and disbursing funds for conducting general election campaigns, which accounts shall be separate and distinct from the regular party accounts and budgets and other provisions of this article and shall be handled by a person or persons designated by the executive committee.  Each such account shall include the special designation of “campaign funds” in its account name.  The party is authorized to receive and expend funds designated for such campaign purposes and make appropriate public reports according to all applicable state and federal laws.

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ARTICLE  9

COUNTY EXECUTIVE COMMITTEES 

            1.   County executive committees shall consist of 5 to 30 members, with 1 to 6 to be selected from each supervisor’s district by the county convention delegates from the supervisor’s district acting separately, the number to be first determined by the convention as a whole.  The committee may elect up to 3 members at large.  Each county executive committee shall be the governing body of its county party unit between conventions.

            2.   County executive committees shall meet at least every two months and on other occasions as necessary.

            3.   County executive committees shall certify party candidates on the county level, in accord with the election laws of the State of Mississippi.

            4.   Within three to six months after the registration of the Green Party of Mississippi, a founding county convention of all members shall be called in every county having Green Party of Mississippi members after notice to all members by the State Executive Committee.  The convention shall adopt rules not in conflict with these Bylaws and caucus by supervisors’ districts to elect members to the founding county executive committee.  The new committee shall meet immediately following the convention to organize itself and set up a schedule for activities.  A copy of the rules adopted by each county executive committee shall be filed with the Secretary of State of Mississippi and the Green Party of Mississippi Executive Committee, and also certified by the State Administrative Committee and approved by the State Executive Committee before becoming valid.  The secretary of the State Executive Committee shall maintain and make available for public inspection copies of the rules of each county executive committee.

            5.   Vacancies on a county executive committee may be declared for any of the reasons and in accordance with the provisions set forth in Article 3 of these Bylaws.

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ARTICLE  10

MUNICIPAL EXECUTIVE COMMITTEES

            1.   The chair of each county executive committee will oversee the establishment of a municipal executive committee in any municipality in which at least five Green Party of Mississippi members reside.  Upon the petition of at least five (5) members of the Green Party of Mississippi, the chair of the county executive committee shall call the members to a meeting in accordance with § 23-15-315, Miss. Code Ann. (1972 as amended) to select an executive committee which shall serve until the next municipal primary election.

            2.   Municipal executive committees shall perform for their municipality the same duties as prescribed by law and these Bylaws for other executive committees.  They shall be elected by the party members of the municipality as provided by law.  Municipal executive committee members will be elected by the same election districts as the governing body of the municipality are elected.

            3.   Each municipal executive committee shall receive filing papers of all persons desiring to be candidates in a municipal primary election at least 60 days before the primary.  The committee shall prepare the poll books and ballots and shall appoint the managers and other officials of the primary election.  The committee shall receive the returns of the primary election and certify the results according to law.

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ARTICLE  11

CONGRESSIONAL DISTRICT EXECUTIVE COMMITTEES  

            1.   Congressional district executive committees will be elected at Congressional district conventions every four years as provided above.  They shall meet at least twice a year and shall make recommendations to the State Executive Committee about duties or powers they consider appropriate for themselves to be adopted by amendment to these Bylaws.

            2.   Congressional district executive committees shall elect officers as provided herein and shall conduct the Congressional district conventions in presidential election years.

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ARTICLE  12

SEVERABILITY  

            If any provision or clause of these Bylaws or application thereof is held invalid, such invalidity shall not affect other provisions or application of these Bylaws, which can be given effect without the invalid provision or application, and to this end the provisions of these Bylaws are declared to be severable.

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ARTICLE 13

EFFECT AND AMENDMENT

            1.   These Bylaws shall take effect after approval of the Application to Register Political Party of the Green Party of Mississippi by the Secretary of State.

            2.   These Bylaws may be amended by a two-thirds vote of the delegates to a State Convention.

 

                                                                        ______________________________________

                                                                        Janet Elizabeth Rafferty, Chair, State Executive

                                                                        Committee, Green Party of Mississippi

                                               

 

CERTIFICATE

            This is to certify that, after motion duly made and seconded, the foregoing Bylaws of the Green Party of Mississippi were duly adopted by unanimous vote of the members of the State Executive Committee of the Green Party of Mississippi on March 16, 2002, in Jackson, Mississippi, a quorum being present.

                                                                                    _________________________________

                                                                                    Charles Brenner, Secretary

                                                                                    State Executive Committee

                                                                                    Green Party of Mississippi

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