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UNCLAS //N05720//
MARADMIN 126/00
MSGID/GENADMIN/DIVPA WASHINGTON DC//
SUBJ/PUBLIC AFFAIRS POLICY GUIDANCE-ELECTIONS FOR PUBLIC OFFICE//
RMKS/1. AS THE ELECTION SEASON HEATS UP, THE FOLLOWING DOD
ELECTION YEAR GUIDANCE RELEASED LATE LAST YEAR IS INCLUDED FOR
YOUR USE. THE REFERENCES LISTED, TOGETHER WITH THIS COMPREHENSIVE
MESSAGE, PROVIDE THE DETAILED GUIDANCE YOU NEED. PLEASE READ
THIS INFORMATION CAREFULLY, DISSEMINATE IT WITHIN YOUR COMMAND,
AND HELP YOUR LEADERS MAKE INFORMED DECISIONS BEFORE THEY GO
DOWN A PATH THAT COULD LEAD TO NEGATIVE PUBLICITY,
EMBARRASSMENT, OR PERHAPS EVEN LEGAL TROUBLE FOR YOUR CHAIN OF
COMMAND OR THE MARINE CORPS.
2. WE ALL NEED TO ENSURE WE KNOW THE RULES ON THIS ISSUE. WATCH
CLOSELY FOR EVENTS THAT COULD BE PERCEIVED AS POLITICAL AT THE
LOCAL OR NATIONAL LEVEL. THE GUIDANCE IS VERY SPECIFIC.
3. QUESTIONS REGARDING THIS GUIDANCE OR SITUATIONS THAT FALL
OUTSIDE THIS GUIDANCE SHOULD BE DIRECTED TO MAJ DAVID ANDERSEN, HQMC (PAP), (703) 614-4309/6252, DSN 224-4309/6252.
QUOTE
P 171731Z DEC 99
FM SECDEF WASHINGTON DC//OASD-PA/DPL//
TO AIG 8777
SECDEF WASHINGTON DC//LA/GC/WHS-FVAP//
CJCS WASHINGTON DC//LA//
OLA WASHINGTON DC
OSAF WASHINGTON DC//LA//
HQDA WASHINGTON DC//SALL//
CMC WASHINGTON DC//OLA//
INFO RUEKJCS/SECDEF WASHINGTON DC//OASD-PA/PDASD-PA/DPL/DDI/DPCR//
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UNCLAS
SUBJECT/PUBLIC AFFAIRS POLICY GUIDANCE - ELECTIONS FOR PUBLIC
OFFICE//
A. SECDEF MSG 171527Z MAY 99, PUBLIC AFFAIRS POLICY GUIDANCE --
ELECTION YEAR 1998
B. DOD DIRECTIVE 1344.10, POLITICAL ACTIVITIES BY MEMBERS OF THE
ARMED FORCES ON ACTIVE DUTY
C. 5 U.S.C. 7321 - 7326, HATCH ACT
D. 5 C.F.R. PART 734, POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES
E. DOD DIRECTIVE 5230.9, CLEARANCE OF DEPARTMENT OF DEFENSE
INFORMATION
F. DOD DIRECTIVE 1000.4, FEDERAL VOTING ASSISTANCE PROGRAM
G. DOD INSTRUCTION 5120.4, DOD NEWSPAPERS AND CIVILIAN ENTERPRISE
PUBLICATIONS
H. DOD INSTRUCTION 1100.13, SURVEYS OF DEPARTMENT OF DEFENSE
PERSONNEL
I. DOD DIRECTIVE 5120.20, ARMED FORCES RADIO AND TELEVISION
SERVICE (AFRTS)
J. DOD REGULATION 5120.20-R, MANAGEMENT AND OPERATION OF ARMED FORCES
RADIO AND TELEVISION SERVICE (AFRTS)
K. DOD DIRECTIVE 5410.18, COMMUNITY RELATIONS
L. DOD INSTRUCTION 5410.19, ARMED FORCES COMMUNITY RELATIONS
M. 2000-2001 VOTING ASSISTANCE GUIDE
N. DOD DIRECTIVE 1344.13, IMPLEMENTATION OF THE NATIONAL VOTER
REGISTRATION ACT
1. THE FOLLOWING PUBLIC AFFAIRS POLICY GUIDANCE IS PROVIDED TO ASSIST
COMMANDERS AND PUBLIC AFFAIRS OFFICERS (PAOS) IN HANDLING REQUESTS
FOR SUPPORT OF ELECTIONS DURING THE ELECTION YEAR PERIOD, AS DEFINED
IN PARAGRAPH D. COMMANDERS AND PAOS WILL COMPLY WITH THIS GUIDANCE IN
THE CONDUCT OF ACTIVITIES ASSOCIATED WITH POLITICAL CAMPAIGNS FOR
ELECTIONS FOR FEDERAL, STATE AND LOCAL OFFICES. THIS RE-TITLED
MESSAGE SUPERSEDES REF A. ADDRESSEES ARE TO ENSURE WIDEST
DISSEMINATION AND IMPLEMENTATION.
A. AS A MATTER OF LONG-STANDING POLICY, THE DEPARTMENT OF DEFENSE
DOES NOT ENGAGE IN ACTIVITIES THAT COULD BE INTERPRETED AS
ASSOCIATING THE DEPARTMENT WITH ANY PARTISAN POLITICAL CAUSES,
ISSUES, OR CANDIDATES. THE POLITICAL ACTIVITIES OF INDIVIDUAL
MILITARY MEMBERS ARE REGULATED BY REF B. THE POLITICAL ACTIVITIES OF
FEDERAL EMPLOYEES ARE RESTRICTED BY THE HATCH ACT REFORM AMENDMENTS
OF 1993, 5 U.S.C. 7321 - 7326 (REF C), AND IMPLEMENTING REGULATIONS 5
C.F.R PART 734 (REF D). MILITARY MEMBERS OR FEDERAL EMPLOYEES WITH
QUESTIONS REGARDING THE PROPRIETY OF PROSPECTIVE POLITICAL
ACTIVITIES, OR CONCERNS ABOUT POSSIBLE VIOLATIONS, SHOULD BE DIRECTED
TO THE HATCH ACT HOTLINE AT THE U.S. OFFICE OF SPECIAL COUNSEL, (800)
854-2824, E-MAIL: HATCHACT@OSC.GOV.
B. INQUIRIES FROM POLITICAL CAMPAIGN ORGANIZATIONS SHOULD BE
CONSIDERED AS QUERIES FROM THE GENERAL PUBLIC AND SHOULD BE RESPONDED
TO ACCORDINGLY. WHEN RESPONDING TO QUERIES FROM POLITICAL CAMPAIGN
ORGANIZATIONS, ONLY INFORMATION/MATERIAL THAT IS AVAILABLE TO THE
GENERAL PUBLIC IS TO BE PROVIDED, PER REF E. ADDITIONALLY, THERE
SHOULD BE NO ATTEMPT TO EXPLAIN OR AMPLIFY PREPARED DOD OR SERVICE
STATEMENTS OR POSITIONS.
C. DOD COMMAND/INTERNAL INFORMATION NEWSPAPERS, BOTH FUNDED AND
CIVILIAN ENTERPRISE (CE), WILL SUPPORT THE FEDERAL VOTING ASSISTANCE
PROGRAM (REFS F AND M) BY CARRYING FACTUAL INFORMATION ABOUT
REGISTRATION AND VOTING LAWS, ESPECIALLY INFORMATION ON ABSENTEE
VOTING REQUIREMENTS OF THE VARIOUS STATES AND TERRITORIES. DOD
NEWSPAPERS WILL NOT CARRY CAMPAIGN NEWS, PARTISAN DISCUSSIONS,
CARTOONS, EDITORIALS, OR COMMENTARIES DEALING WITH POLITICAL
CAMPAIGNS, CANDIDATES, OR ISSUES, PER REF G. CIVILIAN ENTERPRISE
NEWSPAPERS MAY NOT CARRY PAID POLITICAL ADVERTISEMENTS OR
ADVERTISEMENTS WHICH ADVOCATE A PARTICULAR POSITION ON A POLITICAL
ISSUE. THE ABOVE IS MORE FULLY EXPLAINED IN REF G. NO DOD NEWSPAPER
OR CE PUBLICATION MAY CONDUCT A POLL, A SURVEY, OR A STRAW VOTE
RELATING TO A POLITICAL CAMPAIGN OR PARTISAN POLITICAL ISSUE, PER
REFS G AND H.
D. PER REFS I AND J, THE ARMED FORCES RADIO AND TELEVISION SERVICE
(AFRTS) BROADCAST CENTER WILL PROVIDE A FREE FLOW OF BALANCED,
NON-FUNDED, INFORMATIONAL COVERAGE OF POLITICAL CAMPAIGNS PROVIDED BY
U.S. COMMERCIAL AND PUBLIC NETWORKS. AFRTS OUTLETS SHOULD MAKE
EXTENSIVE USE OF SUCH PROGRAMMING TO INCLUDE POLITICAL ANALYSIS,
COMMENTARY, AND PUBLIC AFFAIRS PROGRAMS IN ADDITION TO HARD NEWS.
GREAT CARE SHOULD BE SHOWN BY AFRTS OUTLETS TO MAINTAIN WELL-BALANCED
COVERAGE OF POLITICAL NEWS WITHOUT LOCAL COMMENT, CRITICISM,
ANALYSIS, OR INTERPRETATION OF A POLITICAL NATURE. LOCAL PROGRAMS OR
ANNOUNCEMENTS CONCERNING POLITICAL PARTIES, CANDIDATES OR INCUMBENTS
WILL NOT BE BROADCAST DURING AN ELECTION CAMPAIGN PERIOD. THE
ELECTION CAMPAIGN PERIOD BEGINS WITH THE FIRST FORMAL ANNOUNCEMENT OF
ANY INDIVIDUAL'S CANDIDACY FOR FEDERAL, STATE OR LOCAL ELECTED
OFFICE, OR FORMAL STATUS WITH THE FEDERAL ELECTION COMMISSION, AND
ENDING NO EARLIER THAN ONE WEEK AFTER THE ELECTIONS. THE END DATE
PRECLUDES THE USE OF MILITARY INSTALLATIONS AS THE SITE FOR
POST-ELECTION ACCEPTANCE SPEECHES, CELEBRATIONS OR OTHER
POLITICALLY-ORIENTED EVENTS. INFORMATION ON THE FEDERAL ELECTION
COMMISSION MAY BE FOUND ON THE INTERNET AT WWW.FEC.GOV, OR VIA THE
FEC FAX INFORMATION BULLETIN BOARD AT (202) 501-3413. NON-AFRTS
MILITARY RADIO/TELEVISION SYSTEMS IN CONUS, EXCLUDING CABLE SERVICES
PROVIDING COMMERCIAL PROGRAMMING, WILL NOT CARRY ANY PARTISAN
DISCUSSIONS, PROGRAMS, EDITORIALS, OR COMMENTARIES DEALING WITH
POLITICAL CAMPAIGNS, CANDIDATES, OR ISSUES. THIS DOES NOT PRECLUDE
THE ABOVE SYSTEMS, I.E., AFRTS AND NON-AFRTS MILITARY
RADIO/TELEVISION SYSTEMS, FROM USING SPOT ANNOUNCEMENTS ENCOURAGING
ARMED FORCES PERSONNEL AND THEIR ELIGIBLE FAMILY MEMBERS TO REGISTER
AND VOTE, EITHER BY ABSENTEE BALLOT OR AT THE POLLS, PROVIDING THESE
ANNOUNCEMENTS HAVE BEEN APPROVED BY THE FEDERAL VOTING ASSISTANCE
PROGRAM (SEE SECTION 2 BELOW).
E. INSTALLATION COMMANDERS SHOULD NOT PERMIT THE USE OF INSTALLATION
FACILITIES BY ANY CANDIDATE (EITHER INCUMBENTS OR NEW OFFICE
SEEKERS), MEMBERS OF THEIR STAFFS OR THEIR CAMPAIGN REPRESENTATIVES
FOR: ASSEMBLIES OR MEETINGS; MEDIA EVENTS, INCLUDING SPEECHES;
FUND-RAISING EVENTS FOR POLITICAL CANDIDATES, PARTIES, OR CAUSES
REGARDLESS OF THE SPONSORSHIP; PRESS CONFERENCES; ANY OTHER ACTIVITY
THAT COULD BE CONSTRUED AS POLITICAL IN NATURE.
(1) INSTALLATION COMMANDERS ARE ADVISED NOT TO ALLOW THEIR
INSTALLATION FACILITIES TO BE USED FOR POLLING OR VOTING SITES.
LOCATING POLLING OR VOTING PLACES ON A MILITARY INSTALLATION MAY
RESULT IN CONDUCT WHICH COULD INADVERTENTLY VIOLATE ONE OR MORE OF
THE FOLLOWING STATUTORY PROHIBITIONS, AMONG OTHERS: 18 U.S.C. (592,
593, 594, 596, 602, 603, 606, 607, 609). MORE INFORMATION ON THESE
AND OTHER STATUTES MAY BE FOUND ON THE INTERNET AT
HTTP://USCODE.HOUSE.GOV/USC.HTM.
(2) MEMBERS OF CONGRESS, WHETHER OR NOT CANDIDATES FOR RE-ELECTION TO
NATIONAL OFFICE, MAY VISIT MILITARY INSTALLATIONS TO RECEIVE
BRIEFINGS, TOURS AND/OR INFORMATIONAL MATERIALS. IF THE CANDIDATE IS
CURRENTLY A GOVERNMENT OFFICIAL AND HIS/HER DUTIES REQUIRE A VISIT TO
AN INSTALLATION FOR RELATED OFFICIAL DUTIES, THE RESPONSE TO THE
REQUEST FOR THE VISIT WILL INCLUDE A REMINDER THAT THE CANDIDATE MAY
NOT USE THE VISIT AS A CAMPAIGN VEHICLE. OTHER CANDIDATES FOR
NATIONAL OFFICE WHO ARE NOT CURRENT MEMBERS OF CONGRESS OR SERVING
GOVERNMENTAL OFFICIALS MAY BE GIVEN THE SAME ACCESS TO INSTALLATIONS
AS ANY OTHER UNOFFICIAL VISITOR. SERVICE CHIEFS OF LEGISLATIVE
LIAISON SHOULD BE CONSULTED FOR SPECIAL INSTRUCTIONS/ADVICE IF THERE
IS ANY DOUBT ON HOW TO HANDLE A SPECIFIC REQUEST.
(3) CANDIDATES, EITHER INCUMBENTS OR NEW OFFICE SEEKERS, FOR LOCAL
AND/OR STATE OFFICES MAY BE GIVEN THE SAME ACCESS TO INSTALLATIONS AS
ANY OTHER VISITOR.
(4) IN ALL CASES, COMMANDERS WILL INFORM CANDIDATES THAT WHILE ON A
MILITARY INSTALLATION, ALL POLITICAL ACTIVITIES AND MEDIA EVENTS ARE
PROHIBITED, INCLUDING ON-POST/BASE MEDIA COVERAGE OF THE CANDIDATE'S
VISIT. (NOTE: IF THE CANDIDATE HAS BEEN INVITED TO A MILITARY
INSTALLATION AS PART OF AN OFFICIAL INSTALLATION ACTIVITY WHICH
INCLUDES MEDIA COVERAGE OF THAT ACTIVITY, THE CANDIDATE MAY BE
ALLOWED TO APPEAR ON CAMERA AND IN PHOTOS AS AN OFFICIAL PARTICIPANT;
HOWEVER, CANDIDATES WILL NOT BE ALLOWED TO MAKE STATEMENTS OR RESPOND
TO QUERIES WHILE ON THE INSTALLATION.) IF ASKED FOR THE RATIONALE FOR
THIS DECISION, THE FOLLOWING GUIDANCE IS APPROVED FOR USE: QUOTE:
"DEPARTMENT OF DEFENSE POLICY HAS FOR MANY YEARS PROHIBITED THE USE
OF MILITARY INSTALLATIONS FOR ANY ACTIVITY THAT COULD BE CONSTRUED AS
POLITICAL IN NATURE, INCLUDING NEWS MEDIA COVERAGE OF ANY PORTION
OF A POLITICAL CANDIDATE'S ACTIVITIES WHILE ON A MILITARY
INSTALLATION REGARDLESS OF THE PURPOSE OF THE VISIT." END QUOTE. AN
EXCEPTION TO THIS RULE PERMITS NEWS MEDIA COVERAGE OF CERTAIN
PORTIONS OF VISITS TO MILITARY INSTALLATIONS BY THE PRESIDENT, VICE
PRESIDENT, AND THE SPEAKER OF THE HOUSE AS EXPLAINED IN THE FOLLOWING
PARAGRAPH.
(5) DURING AN ELECTION YEAR, MEDIA COVERAGE OF THE ARRIVAL/DEPARTURE
VIA MILITARY AIRCRAFT ON A DOD INSTALLATION OF ANY ELECTED OFFICIALS
IS NOT AUTHORIZED IF THEIR ITINERARY INCLUDES POLITICAL CAMPAIGNING
IN THE LOCAL COMMUNITY, WITH THE EXCEPTIONS OF THE PRESIDENT, THE
VICE PRESIDENT, AND THE SPEAKER OF THE HOUSE. IF THE PRESIDENT, THE
VICE PRESIDENT, OR THE SPEAKER OF THE HOUSE FLY INTO A MILITARY
INSTALLATION ABOARD A MILITARY AIRCRAFT TO CAMPAIGN FOR A CANDIDATE
IN THE LOCAL COMMUNITY, MEDIA MAY BE ALLOWED A PHOTO OPPORTUNITY ON
THE MILITARY INSTALLATION FOR THE EXPRESS PURPOSE OF COVERING THE
ARRIVAL OR DEPARTURE OF THESE OFFICIALS. THE SUPPORTED CANDIDATE MAY
NOT BE PRESENT DURING THESE PHOTO OPPORTUNITIES. PAOS AT
INSTALLATIONS ANTICIPATING A POLITICALLY ORIENTED VISIT BY THE
PRESIDENT, VICE PRESIDENT, OR THE SPEAKER OF THE HOUSE SHOULD CONTACT
TEAMS ADVANCING SUCH VISITS TO ENSURE ALL CONCERNED ARE AWARE OF THE
PROVISIONS OF THIS MESSAGE, AND ESPECIALLY THIS PARAGRAPH.
F. DOD POLICY PROHIBITS ARMED FORCES INVOLVEMENT IN POLITICAL EVENTS,
EXCEPT FOR THE PROVISION OF A JOINT ARMED FORCES COLOR GUARD FOR THE
OPENING CEREMONIES AT THE NATIONAL CONVENTIONS OF THE REPUBLICAN,
DEMOCRATIC, AND OTHER POLITICAL PARTIES FORMALLY RECOGNIZED BY THE
FEDERAL ELECTION COMMISSION. ALL OTHER REQUESTS FOR COMMUNITY
RELATIONS SUPPORT (INCLUDING BANDS, COLOR GUARDS, PERSONNEL AND
SPEAKERS) TO POLITICAL MEETINGS, CEREMONIES, AND LIKE EVENTS, WHETHER
ON THE INSTALLATION OR IN THE CIVILIAN COMMUNITY, WILL BE DENIED.
COMMANDERS WILL DECLINE REQUESTS FOR SUPPORT TO ANY EVENT WITH THE
POTENTIAL FOR IDENTIFICATION OR APPARENT ASSOCIATION WITH ANY
PARTISAN CANDIDATE OR CAUSE.
G. SPEECHES, ARTICLES, AND PUBLIC COMMENT BY MILITARY PERSONNEL IN
THEIR CAPACITY AS SERVICE REPRESENTATIVES MUST NOT CONTAIN MATERIAL
THAT MAY BE CONSTRUED AS POLITICAL IN NATURE. REFS K AND L PERTAIN.
THE ESTABLISHED REVIEW PROCEDURES FOR SPEECHES AND ARTICLES FOR
PUBLICATION BY MILITARY PERSONNEL MUST BE FOLLOWED. REFS B, E, AND G
PERTAIN.
H. CAMPAIGN LITERATURE MAY BE DISTRIBUTED ON MILITARY INSTALLATIONS
ONLY AS AUTHORIZED BY SERVICE REGULATIONS. ACTIVE DUTY MILITARY
PERSONNEL ARE PROHIBITED FROM DISTRIBUTING SUCH MATERIALS.
I. REQUESTS FROM POLITICIANS TO TAPE OR FILM CAMPAIGN COMMERCIALS IN
FRONT OF MILITARY EQUIPMENT (I.E., SHIPS, TANKS, AIRCRAFT, ETC.) ON
MILITARY PROPERTY OWNED OR LEASED BY THE GOVERNMENT WILL BE DENIED.
HOWEVER, TAPING/FILMING FROM OUTSIDE THESE AREAS, USING THEM AS A
BACKGROUND CANNOT BE REFUSED AS THEY ARE OUTSIDE GOVERNMENT PROPERTY.
THE ONLY EXCEPTION TO THIS IS IF THE TAPING/FILMING CONFLICTS WITH
OPERATIONAL SECURITY.
J. DOD EMPLOYEES, INCLUDING ACTIVE DUTY PERSONNEL, RESERVE COMPONENT
PERSONNEL ON ACTIVE DUTY, AND CIVILIAN EMPLOYEES, ARE REQUIRED TO
ADHERE TO POLICY OUTLINED IN REFS B AND C ON INDIVIDUAL PARTICIPATION
IN POLITICAL ACTIVITIES. THESE POLICIES ADDRESS A WIDE RANGE OF
ACTIVITIES, INCLUDING SPEECHES, POLITICAL POLLS, BALLOTS, STRAW
VOTES, CAMPAIGN EFFORTS AND SOLICITATION OF SUPPORT FOR CANDIDATES.
2. DOD EMPLOYEES AND THEIR FAMILY MEMBERS ARE ENCOURAGED TO VOTE.
VOTING ASSISTANCE OFFICERS WILL BE PROVIDED AT EVERY LEVEL OF
COMMAND. THE DOD DIRECTOR OF THE FEDERAL VOTING ASSISTANCE PROGRAM IS
LOCATED AT THE DEPARTMENT OF DEFENSE, WASHINGTON HEADQUARTERS
SERVICES, 1155 DEFENSE PENTAGON, WASHINGTON, DC 20301-1155. THE
TELEPHONE NUMBER IS COMMERCIAL (800) 438-8683, (703) 588-1584/DSN
425-1584, FAX (703) 588-0108/DSN 425-0108, E-MAIL (ALL LOWER CASE)
VOTE@FVAP.NCR.GOV THE PROGRAM'S WEB SITE IS WWW.FVAP.NCR.GOV. THE
2000-2001 EDITION OF THE VOTING ASSISTANCE GUIDE WAS SENT TO MILITARY
DISTRIBUTION CENTERS IN NOVEMBER 1999.
3. COGNIZANT COMMANDS ARE ADVISED TO REVIEW REF N THAT APPLIES TO
RECRUITMENT OFFICES OF THE ARMED FORCES IN CARRYING OUT APPLICABLE
PROVISIONS OF THE NATIONAL VOTER REGISTRATION ACT.
4. ANY POLICY QUESTIONS OR SITUATIONS NOT COVERED BY THE FOREGOING
GUIDANCE SHOULD BE IMMEDIATELY BROUGHT TO THE ATTENTION OF
OASD(PA):DPL, LT GAI, COMMERCIAL (703) 697-9845/DSN 227-9845 FOR
RESOLUTION. QUESTIONS ON MEDIA ACTIVITIES SHOULD BE REFERRED TO MR.
GLENN FLOOD, OASD(PA):DDI, COMMERCIAL (703) 695-6294/DSN 225-6294.
QUESTIONS ON COMMUNITY RELATIONS ACTIVITIES SHOULD BE REFERRED TO MS.
CELIA HOKE, OASD(PA):DPCR, COMMERCIAL (703) 695-2733/DSN 225-2733.
5. ANY DISPUTES, UNRESOLVED ISSUES OR POTENTIAL PROBLEMS WITH
FEDERAL-LEVEL POLITICAL CANDIDATES SHOULD BE BROUGHT TO THE ATTENTION
OF OASD(PA), MR. PHILIP J. (P.J.) CROWLEY, PRINCIPAL DEPUTY,
COMMERCIAL (703) 697-0713/DSN 227-0713, FOR RESOLUTION. IF A DISPUTE
HAS BEEN SETTLED AT THE LOCAL LEVEL, PLEASE ADVISE MR. CROWLEY OF THE
NATURE OF THE DISPUTE AND THE RESOLUTION SO THAT QUESTIONS MAY BE
ANSWERED AT THE OSD OR NATIONAL LEVEL, IF THEY ARISE."//
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