New Jersey

Articles about voting issues in New Jersey.

Legislation scheduled to be introduced today by Assemblyman Wayne DeAngelo would make it easier to recall a mayor or other elected official, currently a long and formidable process. DeAngelo’s bill would allow residents to recall a mayor or any other elected official earlier in the official’s term than is currently allowed. More important, the bill would lower the number of petition signatures needed to force a special election that could boot an official from office. The assemblyman called current recall procedures “daunting” and said residents shouldn’t face nearly impossible hurdles to remove a politician they feel isn’t worthy of the job. Read More »

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The Hudson County Board of Elections will “absolutely” implement some changes to address “egregious” mistakes that were made during Tuesday’s school board election in Jersey City, an official said yesterday. Some Downtown voters said poll workers ordered them to distant polling places and were unhelpful to voters who wanted to vote with provisional ballots. In some cases, including at the Booker T. Washington public housing complex and a senior facility on Pacific Avenue, voters who live in buildings that contain polling places were told to go elsewhere to cast their ballots. Read More »

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There will be a recount in the Wallington Council election. Wallington council candidate Kevin O’Reilly petitioned the Superio Court of Bergen County for a recount after he ran for a seat on the council and lost by a margin of 21 votes to Councilman-Elect Roman Kruk. Kruk received 1,017 votes to O’Reilly’s 996.

O’Reilly petitioned the court on Nov. 28 for a recount due to a machine glitch that occurred in Wallington District Number Three. On the night of the election, one of the voting machines located at the Park Row Firehouse didn’t print out the voting results due to the machine breaking down. To make up for the broken machine, the votes were counted by hand and verbal consent. After hearing his case for the recount, the court ruled due to the mistake in the voting machine, a recount is in order that will take place on Dec. 8. Read More »

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Vote totals for Tuesday’s Jersey City special election have been stuck at 95.05 percent of precincts reporting since Tuesday night, and the complete count will stay unknown until at least Monday. Two voting-machine cartridges are still in the machines themselves, and they can’t be retrieved without a court order, Hudson County Clerk Barbara Netchert said yesterday.

Ward F Councilwoman Viola Richardson and her running mate, Rolando Lavarro, are the leading vote-getters, with third-place finisher Sue Mack about 250 votes behind Lavarro, counting mail-in ballots. Mack’s team is hoping the missing cartridges will lead to enough votes for her to overtake Lavarro. Read More »

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Warren County officials plan to meet with representatives of their voting machine manufacturer this week after five of the machines malfunctioned during Tuesday’s general election. Three machines broke down in the Phillipsburg area in addition to one in Allamuchy Township and another in Independence Township.

“Little things like that happen in every election … in every county in every state in the country,” county Clerk Patricia J. Kolb said today. “It’s not unique to us.”
The malfunctions added fire to an already heated Phillipsburg mayoral race.
Unsuccessful candidate Todd Tersigni did not concede the election Tuesday night, citing concerns with the machines. Read More »

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Richard Rumfield was the first person to cast his vote at 6 o’clock this morning at the town municipal building in Phillipsburg. But as he was about to submit his choices, he realized an error with the machine. Rather than choosing the names he checked on his straight ticket, the machine had compiled the names listed below his preferred candidates.

Rumfield alerted a poll worker, who noted the error and said they’d report the malfunctioning machine. By going back through each question, and answering opposite of what he had the first time, Rumfield was able to manually choose the candidates for whom he actually wanted to vote, but he said he still left the polling place unsatisfied. Read More »

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A second Phillipsburg polling machine has been taken out of service after malfunctioning, according to Warren County Board of Elections officials. The machine was located in the Heckman House at 530 Heckman St.

“That one froze and was not responding to the voter,” Warren County Election Administrator William Duffy said, adding the machine had five votes on it when it froze. “The technician and poll worker could not get it working so it was replaced.” Read More »

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When the returns came in for the Cumberland County Democratic Committee last summer, Cynthia Zirkle couldn’t believe what she was seeing. Only 86 votes were cast in the race to represent her district in Fairfield Township, and despite assurances from dozens of friends, Zirkle and her husband, Ernest, had managed to win just 19 votes between them. ”I can’t believe that’s correct,” Zirkle told her husband, a retired veterinarian and the town’s deputy mayor.

The couple sued the Cumberland County Board of Elections and discovered that due to a programming error, their results had been switched with those of their opponents. In a rare turn of events, a new election was ordered, which the Zirkles handily won.

The case caught the eye of a Rutgers law professor who has spent years arguing that the touch-screen voting machines in use across New Jersey are prone to malfunction and hacking and need a paper backup that would allow for manual recounts. Provided with that real-life example of the machines’ fallibility, Penny Venetis, codirector of the constitutional litigation clinic at Rutgers-Newark Law School, is fighting to get the state Appellate Court to reopen her 2004 lawsuit and rewrite the rules on how elections are conducted in New Jersey. ”The issues involved extend way beyond Cumberland County,” Venetis said. “It’s only because it was such a small election we know about this. If it was Newark, forget it. But that’s our point, stuff like this happens. Computers can be told to do whatever you want. They can play Jeopardy!; they can cheat in elections.” Read More »

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The two candidates for Bergen County clerk sparred Tuesday over how much the county spends to print ballots. Democratic challenger John Hogan of Northvale contends the clerk’s office could trim about $200,000 from its printing bill by putting the work, which cost $2.4 million last year, up for a competitive bid.

GOP incumbent Elizabeth Randall of Westwood countered that election-related printing is a specialized line of work that only a few New Jersey companies do. That’s why the state Legislature exempted such work from competitive bidding, Randall said.

The candidates clashed on the printing issue twice this week, first at a forum sponsored by the Korean-American community in Fort Lee on Monday and again at a forum hosted Tuesday by the Bergen County League of Women voters at Bergen County Community College in Paramus.

After the League debate, Hogan called Randall’s argument “ridiculous.” Read More »

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The county and the courts had already expressed it but the voters of Fairfield Township made it official — again. Democratic County Committee candidates Cindy and Ernie Zirkle were elected Tuesday over competitors Mark and Vivian Henry, according to unofficial online results from the county Board of Elections.

Mail-in ballots had not been recorded by 10:30 p.m. but the Zirkles took 33 percent of the vote over the Henrys’ 17 percent. “We don’t trust the system,” said Cindy Zirkle, so a substantial number of absentee ballots were distributed.

“It’s a shame,” Zirkle began late Tuesday night, that certain opposition parties “refused to accept the Board of Elections’ admission.” That admission being Board Director Lizbeth Hernandez stating she inadvertently mismatched the names on the ballots and the results declared in June were the exact opposite. Read More »

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The Sequoia AVC Advantage is an old-technology direct-recording electronic voting machine. It doesn’t have a video display; the candidate names are printed on a large sheet of paper, and voters indicate their choices by pressing buttons that are underneath the paper. A “ballot definition” file in an electronic cartridge associates candidate names with the button positions.

Clearly, it had better be the case that the candidate names on the printed paper match the candidate names in the ballot-definition file in the cartridge! Otherwise, voters will press the button for (e.g.,) Cynthia Zirkle, but the computer will record a vote for Vivian Henry,as happened in a recent election in New Jersey.

How do we know that this is what happened? As I reported to the Court in Zirkle v. Henry, the AVC Advantage prints the names of candidates, and how many votes each received, on a Results Report printout on a roll of cash-register tape. Read More »

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Voters here will again head to the polls and select their township representatives for county Democratic Committee. A second election one week from Tuesday comes per the request of Superior Court Judge David Krell. The results from the June election were first disputed by candidates and later ruled on by Krell earlier this month.

He also ordered the case be turned over to the Division of Criminal Justice, which is under the state Attorney General’s office, for consideration of a full investigation. It is still unclear where that investigation stands. A response from the  Division of Criminal Justice was not received as of press time.

Attorney Samuel Serata, who represents candidates Ernie and Cindy Zirkle, said Monday he believed Krell signed his court order last week and the criminal justice division would have likely just received it. “It will be at least a month before any report comes out,” said Serata. Read More »

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A new election for county Democratic Committee in Fairfield Township in Cumberland County will be held on Sept. 27, Superior Court Judge David Krell ordered Thursday. Further, Krell asked the state Attorney General’s office to turn the case over to their criminal justice division to consider pursuing a full investigation.

“I have my suspicions that something that happened here was improper,” Krell said during the second hearing of a case that involves the reliability of the Sequoia AVC Advantage voting machine. Krell does not, “and may never” know, what exactly took place regarding preparations of the ballot definitions used on Primary Election day here back in June. Read More »

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Cumberland County recently replaced computer chips in all its voting machines and completed background checks on five technicians who service them as a safeguard against tampering and inaccuracy. But those upgrades, which are part of a statewide initiative, don’t sufficiently address flaws in the system used to cast votes, according to a woman who says an electronic machine cheated her and her husband in a recent election in Fairfield. The recent upgrades to county voting machines were not related to the Fairfield case. Activists say, however, the Fairfield case just adds ammunition to their argument that New Jersey needs a paper record of election results.

The results of the June 7 election in Fairfield showed Cynthia Zirkle and her husband, Ernest, lost the election for two seats on the county Democratic Committee. Suspecting more people had voted for them than the results showed, the Zirkles obtained affidavits from voters that confirmed their worst fears, they say. Preliminary results showed Vivian and Mark Henry receiving 34 and 33 votes respectively in the election for two committee seats, though only 43 total votes were cast. Cynthia Zirkle said they obtained 30 affidavits from residents who voted for them. As a result of a petition by the Zirkles, Cumberland County Superior Court Judge David Krell ordered the machine impounded.

“Were you to have the paper ballot with the optical scan, that election would have been done and decided in 10 minutes and the Zirkles would not have had to file a lawsuit,” said Irene Goldman, chairwoman of the Coalition for Peace Action, based in Princeton, which is fighting for paper voting records.

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In the middle of a vast warehouse of Gloucester County voting machines last Wednesday, Gary Plummer replaced chips and resealed some of the 520 voting devices. Plummer’s Medford-based Election Support & Services Inc. has been contracted by several New Jersey counties — including Burlington and Camden — to help them comply with a controversial Superior Court order.

In February 2010, Judge Linda Feinberg ruled New Jersey’s11,000 voting machines be disconnected from the Internet and re-evaluated by a panel of experts, and that anyone who works with or on voting machines be subject to a criminal background check.

Feinberg’s order is being appealed by Rutgers University’s Constitutional Litigation Clinic and the Princeton-based Coalition for Peace Action, neither of which believes the court order goes far enough. Read More »

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A Camden County Superior Court judge threw out a lawsuit Wednesday that sought to overturn the results of Chesilhurst’s June primary due to alleged voter fraud.

Judge Edward J. McBride Jr. ruled that the suit had been filed after the 10 days allowed for election challenges. Councilwoman Waltha Webb filed suit July 8 alleging that eight votes were cast illegally by people not living in the borough of 1,520 residents. She lost the June 7 Democratic primary by a single vote to Rukiah Alwan, who appeared in court Wednesday. Read More »

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On its face, the voting irregularities stemming from Primary Election day in Fairfield Township looked like a simple switch-up. Democratic Executive Committee candidates Ernest and Cynthia Zirkle questioned the total votes they received. Upon research, it became clear they weren’t alone in doubting touch-screen Sequoia AVC Advantage voting machines.

Superior Court Judge David E. Krell ruled Monday the Cumberland County Board of Elections must make available a number of documents tied to the voting machine used on June 7.

“The voting machine isn’t going to tell you anything,” said Krell of inspecting the Sequoia machine used at the polling place. However, the associated documentation produced by the machine during the programming process was of interest to him. Read More »

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Sussex County freeholders are withholding payment to the company that provides and services the county’s election computers until the board can get a face-to-face meeting with company representatives.

“Just like there’s no crying in baseball, there’s no bugs in election software,” Freeholder Philip Crabb said during Wednesday’s meeting. “It just can’t happen.”

Crabb was the one who suggested pulling Elections Systems and Software from the list of bills for the freeholders to authorize payment. The amount of the bill was about $31,760 and is a regular payment under a maintenance and service agreement. Read More »

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Primary Day problems in Sussex County were not a matter of the votes counting, but of counting the votes. Computer experts have traced the problem with Sussex County’s election results on Primary Day to a bug in the software used to tabulate votes.

Marge McCabe, administrator for the county Board of Elections, said Friday that she received a verbal report from Elections Systems and Software that the problem had been traced to programming. ”I’m relieved there was no problem with the voting machines nor our procedures,” she said. “The problem was not in voting, but in tabulating.”

A full written report on what the ES&S experts found is expected soon. Read More »

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The state Supreme Court ruled Thursday that two write-in candidates for seats on the Atlantic Beach Town Council may begin serving their terms as council members, saying there “was a direct attempt by the [Atlantic Beach Municipal Election Commission] to interfere with the full and fair expression of the voters’ choice.”

In the opinion, the state Supreme Court justices reversed a circuit court ruling that upheld the town election commission’s decision to overturn election results. Former town manager Carolyn Cole and the Rev. Windy Price were thedeclared winners in the town’s municipal election in November 2009. Read More »

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A supposed malfunction of the problematic and much-debated Sequoia AVC Advantage voting machines is being chalked up to human error. Results from Primary Election day last month puzzled two candidates who expected the exact opposite. Less than a month later, there’s a line in the sand being drawn between a second election and inspection of the voting machine itself.

“On Election Day, the votes cast for Candidates Vivian and Mark Henry registered for Candidates Cynthia and Ernest Zirkle, respectively,” read a statement addressed to all affected by the Democratic County Committee election in Fairfield.

According to documents provided to The News, Cumberland County Board of Elections Director Lizbeth Hernandez takes responsibility and regrets a pre-election programming error. Attached to a legal petition filed by the Zirkles were 28 affidavits from voters swearing they supported the two candidates. Those 28 votes of the 43 total cast on June 7 make up the majority. Read More »

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Toshiba Foster is asking a judge to overturn councilwoman Raline Smith-Reid’s victory in the 2nd Ward Democratic primary, alleging close to 100 violations involving dozens of votes that her attorneys say were cast illegally. The challenge comes two weeks after a recount determined Smith-Reid won the election by 21 votes, 196-175.

Sharon Weiner, an attorney representing Foster, said the papers were filed just in time to beat a deadline Tuesday for making such a challenge and after an examination of various voting records, including absentee ballots. She said some absentee ballots were “improperly handled” and in one case someone cast two votes, one by absentee ballot and another by provisional ballot.

“We’re asking the court to assume jurisdiction over these illegal votes,” Weiner said. Read More »

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It’s been a while since concerns about the reliability of voting machines made news. It was a hot topic in the early 2000s, as worries over flimsy punchcard ballots (Remember the hanging chads?) gave way to concern about the reliability of electronic voting machines.

Electronic voting machines are the standard these days, but the lingering questions about reliability bubbled back to the surface locally this week with questions over a recent contest in Fairfield.

The race for Democratic executive committee featured Cindy and Ernie Zirkle against Vivian and Mark Henry. The Zirkles lost, according to the official tally, with Cindy getting 10 votes and Ernie a mere 9. Oddly, 28 Fairfield residents have signed affidavits declaring that they cast votes for the Zirkles.

The Sequoia AVC Advantage Direct-Recording Electronic Voting Machine was not operating properly, according to a petition filed by the Zirkles’ attorney. Read More »

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Fewer than 50 people stepped up to a single Sequoia touch-screen voting machine on Primary Election day. Admittedly, that’s a low voter turnout total but apparently enough to cause controversy. Due to the alleged unreliability of that brand of touch-screen voting machines, two candidates want the results voided and a recount or new election held.

Current Deputy Mayor Ernest Zirkle received nine votes and resident Cynthia Zirkle got 10. What’s more, 28 Fairfield residents who voted in the early June primary election have signed affidavits that state they voted for the Zirkles. So, sore losers or the fallibility of a much-discussed modern machine? It would seem to be the latter. Read More »

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A manual recount today of 1,605 absentee ballots reduced Morris County Republican freeholder candidate William Hank Lyon’s slim primary lead over incumbent Margaret Nordstrom to just six votes, down from last week’s tally of 10.

But the race is hardly over, as a new wrinkle has emerged in that county election workers have discovered that four Republicans registered in Parsippany voted twice, both by absentee and provisional ballots, and the state Attorney General’s Office has been asked for guidance. Read More »

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The final audit of primary election results is still under way. To ensure accuracy, the Sussex County Board of Elections will spend the next few days “carefully and methodically” reviewing the numbers before sending the unofficial results to the county clerk for certification, Board Administrator Marge McCabe said.

While Sussex County Clerk Jeff Parrott expects the results to be certified Monday afternoon, McCabe said the process will take longer. Election results must be certified within 10 days of an election.

Once the results are certified, the Board of Elections and voting machine technicians from Elections, Systems & Software, will analyze the recent glitches for answers. Read More »

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The unofficial results from Tuesday’s primary election are in, again, and there are no official winners, yet, but the numbers all match up, unofficially. The computer problems that shut down the counting of votes were solved the next day when a consultant from Elections, Systems & Software, the software provider for the county’s election board, suggested the board should just start over. And that is just what it did.

… The number of voters matched the number of voters recorded on the paper records that poll workers keep at each polling place, McCabe said. And there were no surprises or recall of winners with Wednesday’s tabulations, now unofficially being reviewed by the Sussex County Clerk’s Office, which must confirm the totals before they become official.

The one thing that was officially confirmed Tuesday is that the county has a glitch in the election process, and no one knows what causes it. Read More »

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Somerset County’s primary election polls may have closed Tuesday night at 8 p.m., but the results were not posted online until Wednesday morning.

With several county districts experiencing malfunctioning machines and a few close races (including a nine-vote difference in a Branchburg race), County Clerk Brett Radi explained, “I didn’t post them because we still had some ballots that needed to be added. I didn’t want to have results that didn’t reflect what was really going on.”

“We just didn’t do a final update, because we didn’t have the ‘emergencies’ [emergency ballots used when machines malfunction],” he noted. Read More »

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It was late Tuesday night — hours after the polls closed for the primary elections — and some candidates still had yet to learn the final vote tally. That’s because municipal clerks in Monroe, Plainsboro, South River and Woodbridge, many of whom started their day at 5 a.m., clocked out without ever learning the unofficial results because of an issue with some of the voting machines.

“To work those kind of hours and not be able to give the candidates their results is frustrating,” Monroe Township Clerk Sharon Doerfler said.

In Monroe, four of the voting machines were printing illegible numbers that ran over the top of one another. Like every other municipality, Monroe’s poll workers received an emergency number to call in the event of a malfunctioning voter machine. Read More »

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Due to a computer-software glitch, Montclair still didn’t have its Primary Election results as of Wednesday afternoon, and was doubtful about having them by the end of yesterday.

“A nightmare. Never had this happen before,” Township Deputy Clerk Carla Horowitz said Tuesday night as the township was struggling to tally the local results after a computer program went awry.

Late Wednesday morning, the Clerk’s Office still wasn’t able to get an accurate count of Montclair’s votes and the municipal Information Technology officer was away, so he couldn’t help.

“We worked on it this morning,” Horowitz said. “The program seems to be working a little bit better.” Read More »

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Election Day registration can boost voter turnout, says the nonpartisan think tank Demos

Gabriela G., Annalee S. and Ed V. are Rutgers University students who eagerly went to the polls to vote in the November 2008 general election. All three had registered to vote, prior to the 21-day deadline, from their college addresses.

However, when they went to cast their ballots, they were surprised to find that their names were not on the voting lists. They were directed to either leave the polling place or to vote by paper provisional ballots, which are checked post-election against the voting rolls. However, they were not informed of the strong likelihood that their provisional ballots would be thrown out, since their names were not in the system. Read More »

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Past Cinderella’s curfew and beyond the target deadline for the Sussex County Board of Elections, a small gathering including Freeholder Rich Vohden, freeholder candidate Dennis Mudrick, acting County Clerk Jeffrey Parrott, Sheriff Michael Strada and two of Franklin Mayor Paul Crowley’s children waited for results of the Tuesday primary election. The unofficial results that never came.

Numbers appeared to be coming in smoothly for the first half of the evening. However, as charts displaying unofficial results flashed on the wall via a projector, watchers noticed the number of reporting districts changed, and not always in an upwards direction. According to the results, the number of districts reporting numbers were decreasing, and the number of Walpack votes totaled   61, though only 22 registered voters reside in the community. Read More »

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A vote cartridge from East Hanover that is expected to be read today may reveal whether Republican Freeholder incumbent Margaret Nordstrom or challenger William “Hank” Lyon won the primary nomination Tuesday night.

As of this morning Lyon, a resident of the Towaco section of Montville who works for his familys restaurant business, Qdoba Mexican Grill, had a six-vote lead over Nordstrom, a freeholder since 1999.

The unofficial tallies are Lyon with 12,234 votes and Nordstrom with 12, 228 votes. But one vote cartridge in East Hanover could not be read last night so county election officials today got a court order from Superior Court Assignment Judge Thomas Weisenbeck to have the cartridge removed from the voting machine and brought to the Morris County Clerks office where it will be read and recorded by witnesses. Read More »

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Unofficial results for primary races in the Morris County township were delayed due to technical difficulties.

“The machine jammed, we won’t have results until tomorrow,” said Theresa Maggiulli, the township registrar. Maggiulli explained that there was a problem with one of the 16 voting machines in the township. Read More »

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Legislation to return the date of the February presidential primary election to June was approved Thursday by the Senate State Government, Wagering, Tourism and Historic Preservation Committee.

The bill , sponsored by Sen. Donald Norcross, D-Camden, would eliminate the separate presidential primary election held in February and require, instead, that it be held during the regular June primary election, as it was prior to 2005. The move would save approximately $11 million in fiscal year 2012, according to the Office of Legislative Services. Read More »

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