Obamacare: The Mandate And the Taxing Power

Oftentimes, the federal government finds itself wanting to promote a certain behavior as part of a national program, but without the direct power to do so. By way of example, in the 1980s, the Reagan Administration decided that it wanted the drinking age to be raised from 18 to 21 nationwide. But the drinking age isn’t a federal, but a state statute. In order to persuade states to raise the drinking age, the federal government passed an incentive plan. If a state failed to raise its drinking age to 21, it would find itself with a diminution in federal highway funding. 

“The power to tax involves the power to destroy”, wrote Chief Justice John Marshall in 1819. With respect to the Affordable Care Act, or “Obamacare”, the power to tax also involves the power to build something. Under the law, beginning in 2014, Congress will require most Americans to obtain health insurance, or – if you don’t, you pay a fine to the government. The mandate was, ironically, a precondition set by the insurance industry, without which they would not be able to economically justify offering insurance to people with pre-existing conditions at no penalty.

The key part of Chief Justice Roberts’ opinion yesterday reviewed the constitutional justification for that mandate to purchase health insurance.  Congress’ powers are specifically limited and enumerated in Article 1 of the Constitution. 

Roberts turned first to the Commerce Clause (Article 1, Section 8), whereby Congress has the power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”  Roberts rejected the argument that the government could regulate the absence of commerce; you cannot regulate that which does not exist.  His analysis seems somewhat limited, however. After all, there is not a personal alive who isn’t engaged in the health care market now, or inevitably. Even if you’re not seeking medical care, you’re paying for others’. 

Right now, you and I (and everybody) are taxed to help pay for uninsured people’s emergency room visits. ERs can’t turn people away, and oftentimes the poor and uninsured use them for primary care.  Those hospitals seek reimbursement for the cost of providing those services through two Federal Programs, Disproportionate Share Hospital (DSH) and Upper Payment Limit (UPL)–that require a 50% local share match. So…instead of forcing the cost of health care provision onto the people who don’t have insurance, you (a taxpayer, or a person with insurance) are paying for them to get health care with both your federal and county tax dollars. 

Secondly, Roberts turned briefly to the “Necessary and Proper” Clause, also in Article 1, Section 8, it reads, “The Congress shall have Power – To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”  Roberts declined to go along with this, reasoning that…

Each of our prior cases upholding laws under that Clause involved exercises of authority derivative of, and in service to, a granted power. For example, we have upheld provisions permitting continued confinement of those already in federal custody when they could not be safely released…[t]he individual mandate, by contrast, vests Congress with the extraordinary ability to create the necessary predicate to the exercise of an enumerated power.

And so, the last resort – the “in the alternative” argument – was most persuasive to the 5 members of the Court who voted to maintain the ACA mandate. The very first Congressional power enumerated at Article 1, section 8 involves the power to tax and spend. Roberts wrote that Congress’ mandate isn’t the issue – it’s the “penalty” imposed on people who refuse to purchase insurance. While the dissent argued that the government is semantically blocked from calling the “penalty” a “tax”, Roberts argued that the word “penalty” assumes some sort of fine for illegality. Yet the refusal to purchase insurance isn’t illegal – it isn’t a crime. It is merely a choice, and a person’s choice to opt to pay a tax instead of buying insurance is one that government can regulate under its taxing power. 

…the Government asks us to read the mandate not as ordering individuals to buy insurance, but rather as imposing a tax on those who do not buy that product…

…None of this is to say that the payment is not intended to affect individual conduct. Although the payment will raise considerable revenue, it is plainly designed to expand health insurance coverage. But taxes that seek to influence conduct are nothing new. Some of our earliest federal taxes sought to deter the purchase of imported manufactured goods in order to foster the growth of domestic industry

Because Roberts invoked the taxing power, dumber pundits and lazy politicians have pivoted to calling it all – the whole law – a “huge tax”.  Perhaps they should read the law, and then read the Court’s opinion. It’s not a “huge tax”. It’s a mandate that you have health insurance. Chances are, you already have it – it’s not like you’re being forced to buy super-more health insurance on top of what you may already have. And if you don’t have it, you’ll have much easier and cheaper access to health insurance. And if you choose not to have any at all, then you’ll be assessed a fine, a tax, whatever you want to call it. 

The ACA’s “shared responsibility payment”  is a tax only on people who choose not to hold insurance. Anyone who says otherwise is ignorant, mistaken, and/or lying. 

With the mandate in place, no longer will the person without health care get away with not paying hospital bills, and no longer will taxpayers be “mandated” to subsidize those choices. Instead, the person making the choice to avoid insuring himself will be assessed a tax in the eventuality that he becomes ill and can’t afford to pay his bill. Do you want the person without health care to be taxed, or do you want to continue to be taxed because they don’t have health care?

In the olden days, “personal responsibility” was a conservative talking point.  Now, we’re essentially codifying it through Obamacare – you’re responsible to get coverage, or for the consequences if you don’t. Now? 

The remaining portions of the decision dealt with (a) the Court’s analysis of whether the issue was ripe for decision (it is); (b) whether striking the mandate meant invalidating the whole law (they didn’t have to reach it); and (c) a provision dealing with the expansion of Medicaid, holding that States can reject federal funding and therefore not comply with the new rules. 

The misinformation and disinformation being spread over the last 24 hours has been simply mind-blowing. For instance, here’s a fundraising email that Republican congressional candidate Chris Collins (who, incidentally, never, ever has to worry about not being able to afford anything, ever, including health care) sent yesterday: 

Dear friend,

The Supreme Court has confirmed what we already knew – ObamaCare is nothing more than a massive tax increase that will hurt hardworking families and continue to act as a wet blanket on economic growth and job creation.

Today, I’m asking for your donation of $27 dollars to protect the residents of the 27th Congressional District from this massive tax hike and help end ObamaCare.

I need your help to stop Kathy Hochul and Barack Obama from raising taxes on thousands of Western New York and Finger Lakes families. 

$27. 

$27 is how we can protect our families in the 27th Congressional District from massive tax increases.

When I go to Congress, my first order of business will be to lead the fight to repeal ObamaCare and replace it with common sense solutions that protect seniors and don’t crush small businesses and cost us jobs.

$27 can get us there.

Whether it’s $27, or $5, $10, $50 or $100 – anything you can do to help us stop Barack Obama and Kathy Hochul from raising taxes and cutting Medicare by $500 billion is so important.  Will you consider donating today?

There’s so much at stake, and I need your help.

Sincerely,

CHRIS COLLINS

Congressional Candidate, NY-27

No, it’s not one side or another that won or lost – everybody won. Everybody will benefit from the implementation of Obamacare. It isn’t at all a huge tax increase, and the only reason Medicare funding goes down is because the ACA picks up the slack. Obamacare isn’t a “huge tax increase”, indeed it will help families by reducing the most common type of bankruptcy – ones brought about through medical expenses. Is this law a boon to insurers? Yes. That’s why many progressives didn’t like it much, and that’s why the law is something of a Frankenstein’s monster. But Obamacare, like its progenitor, Romneycare, is a fundamentally conservative idea. Because it’s been adopted by a Democratic President whom the Republicans are determined to ruin, it is now characterized as something it’s not. 

And make no mistake – the Republican drive to ruin Obama is so concentrated and driven, that it doesn’t matter what collateral damage there is to average Americans, or the economy. 

It’s not surprising to see a politician lie, but when mere puffery, (“I’m the best”), turns into brazen lying, (“I poop rainbows and spit unicorns”), you have to wonder what the politician thinks of the people who are going to vote for him. I heard some of our right-wing omniphobe media personalities liken the United States under the ACA to North Korea. There was heavy emphasis on “Hussein” yesterday, because “Hussein” is a foreign, Muslim name, and because somehow that correlates with socialism. Or something. I wish I was a professional psychologist so I could better analyze what was taking place.  Even Mitt Romney noted that the Court didn’t hold that Obamacare was a “good policy”. That’s jaw-droppingly dumb – Palin dumb. 

Requiring Americans to buy private health insurance from private corporations is socialist? Spreading the risk across most Americans so that health insurers can’t refuse to insure people with pre-existing conditions is like living in a Stalinist dictatorship with no market, no freedom, no food, no money, closed borders, and extensive gulags? How dumb. Almost as dumb as the many people who took to Twitter to decry the loss of America’s freedom and announce that they’d move to Canada, which has true single-payer socialized medicine. 

Set aside the crazies and the liars – Americans won today. The ACA – Obamacare – isn’t a perfect solution. No solution is perfect, after all. But it will make our health insurance in this country more affordable, with better coverage, and no longer will you live at the mercy of health insurance companies, fearing arbitrary rate hikes, lifetime payout maximums, or being barred from buying insurance due to a pre-existing condition if you change your job. This is good for people

[youtube http://www.youtube.com/watch?v=b5zU1y_0Geo]

ObamaThread: MANDATE UPHELD UPDATE

If you haven’t already read about how Bain Capital’s buy ’em, gut ’em, and outsource ’em M.O. destroyed a healthy, longstanding WNY business, and you haven’t already been informed about how Mitt Romney made his millions by doing that repeatedly, over and over again, then you should go and do that. 

In the meantime, the big news today will be what the politicized, partisan, conservative-activist Supreme Court will do with the Obamacare mandate to buy health insurance. Will it be ruled unconstitutional? If so, will it render the whole law a nullity, or will it be severed from the remainder of the law? If severed, will the law be able to be maintained? 

The fundamental brokenness of our idiotic, inefficient, Balkanized way of paying for health care that isn’t even the best in the world is one of the big failures of the post-WW2 era. As postwar Europe built its social safety nets, the US couldn’t get out of its own way to do the same. The 1964 law creating Medicare and Medicaid was originally supposed to provide all Americans with universal health care. It never happened. Soshulizm. 

So, instead, we operate under a largely for-profit form of privatized socialism. (Yes, insurance is socialism – it’s the redistribution to claimants of wealth earned from premiums). 

The United States, as we all know, is the last remaining western pluralist democratic capitalist country that does not guarantee free health care to all of its citizens. Obamacare taught us a lot. It taught us that a mixed-race Democratic President can propose a fundamentally conservative health care reform bill, manipulate changes to it to try and obtain buy-in from people who had very recently proposed it, and still the Republicans would vote against it uniformly because it would do political harm to said President.

It highlighted that politics trumps policy; that obstruction trumps governing.

Maybe – just maybe – the failure of the Frankencompromise of Obamacare will lead to a massive push to abolish Medicaid and expand Medicare to all Americans. 

Medicare for all Americans. A program that is uniquely popular, has very low overhead, and would be voluntary. People like Mitt Romney and Chris Collins could continue to buy health insurance from private companies and be Lear-Jetted to gold-encrusted, faraway clinics, if they wish. But taking away the average American’s expenses for health care would do wonders for the economy. Taking away businesses’ responsibility to provide elaborately complicated and ridiculously expensive private health care options would also be able to increase efficiency, productivity, and profitability. 

It would be a single-payer system for those who want it. For those who don’t, buy something different – not dissimilar from the English model, rather than the far less flexible Canadian model. You know, Canada, which has a really good economy, little corruption, no bank collapse, and more or less the same freedoms we enjoy. 

This is a SCOTUS Obamacare ruling open thread. Enjoy your Thursday. 

UPDATE: The individual mandate, and Obamacare, is upheld as a constitutional use of congressional taxing power with respect to the penalty for not buying health insurance. 

Hochul

“Today’s Supreme Court ruling provides much needed clarity in an important national debate on the appropriate role of the federal government in the delivery of healthcare. While I was not in Congress to vote on the Affordable Care Act, I have always believed, and continue to believe, that the law is far from perfect, and I remain concerned about the high cost of implementing the law.  That is why I have worked to roll back many of its most troubling provisions, including the financially unsustainable CLASS Act, the Medical Device tax, and the Independent Payment Advisory Board, which could result in the rationing of Medicare.

 “I am hopeful that today’s ruling will help to focus our country on the need for more effective policies that drive down the cost of care and ensure that all Americans—especially children, seniors and veterans—have access to quality and affordable health care.  I stand ready to work with my colleagues on both sides of the aisle to continue to improve the law and find appropriate solutions to the rising cost of health care in this country.”

Higgins

“Today the Supreme Court, in an opinion authored by Chief Justice John Roberts, held that the Affordable Care Act is constitutional. Under the law, this year over 3 million New Yorkers have begun receiving free preventative care, over 3,000 New Yorkers with pre-existing conditions are no longer denied health insurance coverage, 160,000 young adults in New York State are now receive health coverage through their parents’ plan, and 254,083 New York State seniors on Medicare are saving an average of $655 on their prescription medications.

“The old way of doing business was unaffordable, unacceptable and unsustainable for taxpayers and patients alike. Despite exorbitant expense, according to the World Health Organization, the United States is 37th of 192 countries in terms of overall healthcare quality.

“The Western New York health community is already leading the way on health reform. They have embraced electronic medical records and the formation of comprehensive care organizations. This law gives Western New York the tools we need to go farther and it gives the rest of the country the opportunity to follow our lead.

“Much of the Affordable Care Act was modeled on the Cleveland Clinic standard, care Western New Yorkers frequently travel to receive.  Cleveland Clinic quality care is the health care I want for my family, my community and my nation.”

Slaughter:

Congresswoman Louise Slaughter (NY-28) today applauded the Supreme Court’s decision which upheld the life-saving provisions of the Affordable Care Act. Slaughter, one of the leading supporters of the ACA, has been in the forefront of the effort to improve access and quality of health care for American families.

 “I am very pleased that the Supreme Court has upheld the landmark Affordable Care Act,” said Slaughter. “I was proud to bring this bill to the floor of the House of Representatives as Chairwoman of the Rules Committee in 2009, and I continue to be proud of the ways in which the law has improved health care access for millions of Americans. We worked long and hard to protect Medicare’s guarantee of quality health care for our seniors and to make health care more affordable for American families. The ACA also ensures that being a woman is no longer a pre-existing condition and a justification for higher premiums.

 “This groundbreaking legislation was never about politics – it was about saving lives and safeguarding the health and wellbeing of American families. I know that much work remains to be done but I am gratified to know that we are a step closer to ensuring that no American will live in fear of losing their home and everything they own because they or a member of their family is stricken by illness.”

 Because of the provisions of the Affordable Care Act, Americans are already seeing lower costs and better coverage: 

  •          54 million Americans in private plans have received one or more free preventive services.
  •          In addition, in 2011, 32.5 million seniors received one or more free preventive services.  So far in 2012, 14 million seniors have already received these services.
  •         105 million Americans no longer have a lifetime limit on their coverage.
  •         Up to 17 million children with pre-existing conditions can no longer be denied coverage by insurers.
  •         6.6 million young adults up to age 26 have taken advantage of the law to obtain health insurance through their parents’ plan, of whom 3.1 million would be uninsured without this coverage.

     

  •         5.1 million seniors in the ‘donut hole’ have saved $3.2 billion on their prescription drugs, an average of $635 per senior.

     

  •         In 2011, 2.3 million seniors had a free Annual Wellness Visit under Medicare.  So far in 2012, 1.1 million seniors have already had this free visit.
  •          In 2011, 360,000 small employers used the Small Business Health Care Tax Credit to help them afford health insurance for 2 million workers.

 Slaughter is a champion of the life-saving changes that have been implemented as a result of the Patient Protection and Affordable Care Act.  Thanks to these lifesaving provisions, children can stay on their parents’ insurance until the age of 26, insurance companies can no longer deny a person health insurance, and millions of seniors now have free access to life saving health care- all while reducing the federal deficit by billions of dollars.

 Thanks to the Affordable Care Act, in New York’s 28th district:

·         5,500 young adults in the district now have health insurance. 

·         10,400 seniors in the district received prescription drug discounts worth $6.7 million, an average discount of $640 per senior. 

·         70,000 seniors in the district received Medicare preventive services without paying any co-pays, coinsurance, or deductibles. 

·         22,000 children and 100,000 adults now have health insurance that covers preventive services without paying any co-pays, coinsurance, or deductibles. 

·         430 small businesses in the district received tax credits to help maintain or expand health care coverage for their employees. 

·         $10.9 million in public health grants have been given to community health centers, hospitals, doctors, and other healthcare providers in the district to improve the community’s health. 

·         7,000 to 32,000 children with preexisting health conditions can no longer be denied coverage by health insurers.

CNN, the Buffalo News, Channel 2 all reported incorrectly that the mandate had been stricken.

 

 

WBEN texted people that the mandate had been stricken and didn’t fix the error for over an hour.

NY-27 Republican Primary: TODAY

It’s astonishing to me that David Bellavia challenged Chris Collins to a series of 8 debates over 90 days ago, and not a single one took place. The best Collins could do was to get some supporters of his to stage a set-up in Clarence, so he wouldn’t have to go far and he’d have an exceedingly friendly audience and sponsoring organization. 

Collins’ chickenshit refusal to debate his opponent is simply unbelievable to me. Debating issues is, frankly,  the bright, shining light in the otherwise tough slog of campaigning. Going door-to-door and attending chicken dinners is important and all, but the payoff is the ability to use your rhetorical skills, power of persuasion, and debate with your opponent the matters that are important to voters. 

Chris Collins was reluctant to debate Mark Poloncarz in 2011, agreeing only to a single televised debate, and a daytime debate at a high school where his campaign brazenly broke a “no videotaping” rule. He was even less willing to debate Bellavia, to whom the nomination was promised when he stepped aside to give the seat to Chris Lee in 2008. 

The history of the Erie County Republican Committee and David Bellavia has been replete with broken promises and backstabbing. If Bellavia wins today, it would vindicate him and send a message to the ECGOP that sometimes, honor trumps money. 

And that’s sort of shorthand for Bellavia’s appeal. Sometimes, honor trumps money. You don’t have to agree with everything – or anything – for which Bellavia stands. What I do know is that a Bellavia vs. Hochul race will be a better, more honest brawl than Hochul vs. Collins. The latter, however, would be a bigger boon to anyone who makes money off of campaign advertisements. 

I’ve watched this NY-27 race from its inception and I’ve seen Bellavia has done the hard work. He’s talked to voters – but more importantly, he’s listened, too. He is a guy who thinks Washington is broken and wants to change things and make a difference. I have to respect that, and if I was a Republican living in this district, I’d choose that over the chickenshit bully millionaire political hobbyist. 

So, if you live in the district shown below, and you’re a registered Republican or Conservative, please vote for David Bellavia and put Chris Collins out of the politics business. 

Enter: Chicken

Michael R. Caputo is an advisor to David Bellavia and his campaign for Congress from NY-27. Many months ago, they proposed a series of debates with primary opponent Chris Collins, and as of this writing Collins has agreed only to two – one with YNN, and one with some Republican women voter organization in Clarence that supports Collins  UPDATE: Collins has agreed to exactly zero debates. Firstly, Collins has not agreed to participate in a YNN televised debate on June 18th.  Collins’ people suggested one, singular debate to take place in Clarence and be hosted by something called the “Erie County Republican Women’s Federation.”  However, the League of Women Voters advised that ECRWF would not have hosted a debate, but instead an ambush – a supposed “debate” on Collins’ home turf, a curated crowd packed with Collins loyalists, and recruiting former “Reform Coalution” Collins loyalist Lynne Dixon to “moderate” it. Collins’ people refused to negotiate changes to make the ECRWF “debate” a fair event. Indeed, the ECRWF is a wholly new creation. It has no online presence, it has no transparency regarding its membership, funding, officers, or directors.  The woman who is sending out press releases on its behalf is an Erie County GOP loyalist and has given thousands to the county committee, local committees, as well as to Dixon and Collins

During Paladino’s primary campaign against Rick Lazio, when the Long Island Republican refused to debate Carl, Caputo sent out a guy in a chicken suit to graphically tease the candidate about his reluctance to debate. If I’m not mistaken, there was also a duck suit utilized against Cuomo regarding “ducking” issues. 

And so it is that a volunteer in a chicken suit set up a roost at the Main Street entrance to the tony, exclusive Spaulding Lake development in Clarence that’s home to doctors, sports figures, and the Collins and Corwin families, to name a few. The chicken taunted Collins for his unwillingness to debate Bellavia – an unwillingness that’s reminiscent of every recent race Collins had run; negotiating debate terms with his campaigns appears sometimes less difficult and circuitous than negotiating a cessation of nuclear activity for food aid with North Korea. 

I don’t get why that is. Collins doesn’t do poorly in debates. After all, he merely has to parrot his campaign themes and generic, crony capitalist, nouveau riche noblesse oblige talking points and denigrate his opponent. Easy peasy. But given Collins’ reluctance to debate, meet, or glad-hand, it could come down to one thing: Collins doesn’t feel comfortable asking for votes to which he thinks he is already entitled. 

Why shouldn’t you vote for – or pay attention to – Collins’ campaign to attain the only type of nobility America offers

Collins is nothing more than an old-fashioned tax & spend liberal. Although Collins likes to say he’s looking out for the taxpayers, he’s raised taxes on us, and gone to court to prevent the legislature from keeping those hikes lower. Although he says he’s careful with our money, he’s spent millions on hisfriends and cronies, without regard to results or merit. Although Collins likes to seem as if he’s a good government type, he’s in ongoing violation of the county charter in terms of providing monthly budget monitoring reports. Although Collins says he’s trying to create a brighter future, he maintains the tired, failed status-quo when it comes to attracting and keeping businesses in western New York; he eschews the notion of IDA consolidation, and hasn’t set up a one-stop-shop for businesses to use when considering a move to our region.

For someone who promised to run the county like a business, why has he behaved like that?

The chicken? Naturally, it has its own Twitter account, and last night it taunted Collins with this (click on the link to see the picture): 

[blackbirdpie url=”https://twitter.com/ChickenCollins/status/212322054526091265″]

 Bellavia’s campaign released this Tuesday morning: 

Two leading Republican County Chairmen in New York’s 27th Congressional District today called upon GOP candidates David Bellavia and Chris Collins to accept a debate invitation from Time Warner Cable’s news affiliate, YNN, for June 18.

Bellavia accepted the YNN debate on June 5 – the same day it was offered. Since he was invited, Collins has ignored e-mails, letters, and telephone calls from YNN executives.

“I think it’s important for both candidates to give Republicans across the entire district an opportunity to hear where they stand on the issues – face to face, in a fair debate, on television,” Orleans County Republican Committee Chairman Ed Morgan said. “David Bellavia and Chris Collins must expose Primary voters to their views under those circumstances or the election will see record low turnout and the 27th District will be poorly served. The only opportunity to accomplish this is the YNN debate on June 18.”

“The Republican voters of the 27th District deserve a televised debate to see the candidates and understand their positions on important issues,” Wyoming County Republican Chairman Gordon Brown said. “I personally call on David and Chris to commit to a televised debate in which the entire district can be reached – including the more than 60 percent of voters living outside Erie County. Mailers and signs are not enough. I have had the opportunity to speak with both candidates on several occasions – let’s afford all Republican voters a similar opportunity to hear from them.”

On May 24, the Erie County Republican Women’s Federation (ECRWF) invited both Mr. Collins and Bellavia to debate in Clarence on June 19. Subsequently, the Bellavia campaign was advised by the League of Women Voters of Buffalo-Niagara that the ECRWF debate was by no mans fair and no candidate should agree to the wholly one-sided terms. Since then, the Bellavia campaign reached out to the Collins campaign to negotiate fair changes in the ECRWF event. The Collins campaign refused this opportunity, choosing instead to insist upon the rules they dictated.

“Seventy seven days ago, I called for a series of eight debates in the eight counties of the 27th District. But Mr. Collins has run out the clock,” Bellavia said.

“The televised YNN debate would allow both of us the opportunity to show Republicans across the entire district what we stand for and what we believe in just one debate. I don’t control it; Mr. Collins doesn’t control it. It’s 100 percent neutral and that’s what the voters deserve,” Bellavia said.

The Clumsy Swift-Boating of David Bellavia

Apropos of very little indeed, the Buffalo News yesterday painted a damning picture of David Bellavia’s results in setting up organizations to “return dignity to military service” by promoting military service to students, and also by setting up a summer camp for returning veterans’ kids, among other things. Unfortunately, sometimes our best-laid plans don’t quite work out the way we want.  I don’t want to fall back on the “he tried” excuse that we so often lean on here in WNY, but Bellavia has proven – in politics as in veterans’ services – that fundraising isn’t as easy as it seems, or as easy as it is for others. 

What this is, is a swift-boating; taking Bellavia’s big strength – proud veteran who has worked to help veterans since returning to civilian life – and attacking just that. It’s what they did to Jon Powers in 2008, it’s what I predicted many months ago they’d do to David Bellavia. This failure of Bellavia’s doesn’t reflect poorly on his character or his ability to lead. It doesn’t reflect poorly on anything but his ability to raise money for a charity, which may be a skill he needs to run for office, but has nothing to do with his qualifications or platform for Congress. 

It’s more likely than not a story that someone close to the Collins campaign shopped to the News, which interviewed some people and ran with the story, despite the fact that it’s somewhat irrelevant.  The “they” in 2008 were Jack Davis and Bob McCarthy – money, influence, and the printing press. The “they” in 2012 are Chris Collins and Jerry Zremski. 

I’m surprised that Jerry Zremski wrote it, and not Bob McCarthy. However, the Buffalo News’ website shows that McCarthy’s most recent article was published on May 27th. He must be on vacation from taking calls. Doing campaigns’ dirty work is Bob’s job. Back in 2009, I gave campaigns this advice, calling it Powers’ Law

If you’re a political candidate, and you get a call from the Buffalo News’ Bob McCarthy, and he informs you that he’s going to run a story the next day that accuses you of horrible moral turpitude (e.g., you stole money from Iraqi orphans or you’re a racist), you absolutely cannot issue a limp rebuttal and pretend like it will all just blow over.

You have to address the allegation head on, strongly, to take control of the narrative as soon as possible, otherwise your silence/tepid response will be interpreted as a concession of the accusation’s truth.

Not that it was necessarily going to change the outcome, but Michele Iannello broke this law with the WFP/racism charges of [2009].  Yes, it may have hurt her chances last night, but more importantly it probably put an end to her career in politics, full stop.

On the other hand, little dumb stuff like, e.g.,  property taxes paid late is ok to ignore until it blows over.

Powers’ Law came about after Clarence millionaire Jack Davis (who is, incidentally, now supporting Bellavia) went to “Sleepy Bob” McCarthy with a story that Jon Powers’ “War Kids” charity had paid him a salary. (The figures that were being thrown around were completely false). War Kids was Powers’ most significant accomplishment as a veteran, and it was part of his appeal, so when his opponents characterized it as a money grab, it was devastating. 

It was devastating because Powers’ campaign didn’t respond quickly or strongly enough, and it left the Netroots without material for rebuttal. When those facts came along, it was too little, too late. The meme had been set, and the damage had been done. And the reason why it was happening? Because Jack Davis wasn’t happy that Powers was gaining traction in the Democratic primary race, and had to destroy him. He spent tons of money to do so, as is his wont. They both ultimately lost to the late Alice Kryzan, who lost her battle with cancer earlier this week, and Chris Lee went on to embarrass himself in Washington. 

The district ended up losing. 

But Davis’ behavior is something Collins is more than willing and able to emulate. Like Davis, Collins is also a hyperwealthy Clarence resident who feels that he’s entitled to a Congressional seat by right and entail, rather than on merit and fair play. So, while Bellavia gains traction in the newly constituted NY-27, and Collins finds that the only friendly places he can find are ones who are somehow dependent – directly or indirectly – on his largesse, Collins’ people are turning to the Buffalo News to do their dirty work for them. 

As a blogger, I am a commentator – I wear my opinions and biases on my sleeve and make no excuses for them.

What was the newsworthiness of this story about Bellavia, yet the News has completely ignored the story about Collins using his publicly owned office to conduct sleazy private business?

I’m a liberal blogger. What’s the News’ excuse? 

 

Deez Newz

1. Chris Collins: businessman, hobbyist politician, ECGOP sugardaddy, scofflaw. 

As a reminder, Collins’ light blue / silverish, appropriately named Buick Enclave with the distinctive “CE-3” license plate (CE for “County Executive” – a post he no longer holds, but a license plate he retains) was seen during the 2011 election season, 

parking in a handicapped spot in Akron, NY

better angles of him parking in that Akron spot

parking illegally outside of Ulrich’s

Farmington is a town in northern Ontario County, near Victor.  It appears that Collins believes inconsiderate or illegal parking is a right he inherited by entail, since he parked like this at an event that recently took place there:

 

  

It doesn’t appear to be an illegal spot, per se, but Collins did park directly in front of the door – the better to duck in and out of the event without being accosted by the 99 percent. 

2. Former Ranzenhofer staffer Michelle McCullough, who was terminated because she dared to support David Bellavia over Chris Collins in NY-27, filed a formal ethics complaint, and its text makes for great reading about how political patronage appointees are routinely expected to perform the dirty, tedious political work their masters demand – regardless of its legality. 

Ranzenhofer Complainthttp://www.scribd.com/embeds/96042697/content?start_page=1&view_mode=list&access_key=key-143j9b82i5papapwss7g

The ethics complaint led the Erie County Democrats to take a shot at Collins, 

“Chris Collins needs to be honest with the public about his role in the firing of an employee in Republican Senator Mike Ranzenhofer’s office who supported his opponent, David Bellavia.  These reports raise serious questions about whether this type of intimidation is how Collins intends to solicit support for his campaign.

“The employee, Michelle McCulloch, filed a complaint with the state’s Joint Commission on Public Ethics yesterday contending she was fired for circulating petitions for David Bellavia, who is opposing Chris Collins for the Republican nomination for Congress in the new 27th District. Ranzenhofer, who supports Collins, has been silent about why Ms. McCulloch was terminated. 

“The public deserves to know if Collins played a direct role with Ranzenhofer in costing this public servant her job. The time has come for both Collins and Ranzenhofer to come clean and explain why an otherwise good employee was suddenly let go after she circulated petitions for Collins’ opponent.”

3. Wisconsin Governor Scott Walker will remain in office, as the effort to recall him failed last night.  In fact, Walker’s win was apparently by a wider margin than the one that originally brought him to office.

Never underestimate the ease with which politicians can demonize unionized workers and take away their rights – especially public sector workers. While no one in any society wants to just give public workers a key to the public vault, taking away, e.g., teachers’ right to collectively bargain with the state for their pay and benefits is only the clumsiest and most antagonistic way to treat a group of people who are charged with educating the next generation of Americans.

Never underestimate the power of the right wing. Never underestimate the power of their money and the ease with which they and their benefactors can influence public opinion and elections in contemporary America. The contemporary Republican/conservative movement derives its power from denigrating hard-working people and taking away rights they had earned over a century. It is, at its heart, an assault on the American Dream, and self-identified patriotic people are just eating it up. 

4. Regionalism advocate Kevin Gaughan announced yesterday that he’s running for state Assembly in the newly constructed A-149, comprising much of Buffalo, Lackawanna, and Hamburg. He wrote: 

I believe that no citizen should run for office unless they have an innovative proposal or specific purpose. Based on lessons I’ve learned working to reduce government size and cost, I have several. Each one of them is in service of a simple idea: Western New Yorkers deserve the most effective and least expensive government possible.

And this new civil right – the right to a government that lifts rather than burdens us – I believe is within our grasp. For over a decade, I’ve been engaged in government reform. I founded a number of conferences, in which we learned the crushing costs of our nation-leading concentration of governments and politicians.

Employing those lessons, and with the assistance of thousands of volunteers, we caused public votes to let people decide whether to reduce their local government. As a result, voters adopted downsizing plans in 3 county, 6 town, and 1 village governments, eliminating 26 elected positions and saving local taxpayers $5.2 million per year.

Now, I want to do in Albany what we have done here at home: reduce the state legislature’s size, lower its costs to taxpayers, and with a little luck and much work, perhaps even return a sense of humility to the idea of government service. To accomplish these goals, our campaign will sketch a landscape of ideas, all seeking to end Western New York’s 35-year path of chronic economic decline, exit of youth, loss of companies, destruction of neighborhoods, and demise of hope. Every degree of mind and spirit that I possess will be devoted to restoring our community.

5. Have a great day, western New York! Stay positive!

Electoral Fusion And Terribleness

If you ever wanted to know how political staffers get their jobs, it’s by doing a lot of boring, annoying, time-consuming grunt work that no one else wants to do. They have to be loyal and trustworthy, and they have to be able to accomplish with a straight face the tasks required of their job. 

That’s not rocket science, that’s not automatically “bad”, it’s how it’s been done since time immemorial, everywhere, and isn’t going to change anytime soon. 

But New York State is unique the way in which it permits its politics to be manipulated, and it’s unique in how corrupt and pervasive it’s become. We are one of a very small handful of states that permit electoral fusion, which enables minor parties to endorse candidates who aren’t party members. We have a “Conservative Party” that has a conservative platform to which it adheres when convenient, and we have the Tom Golisano-founded “Independence Party”, which is never independent and exists largely to confuse people who want to register as small-i independents, and don’t realize that New York calls them “unenrolled”.  We also have the Working Families Party, which is very tight with both public and private sector unions, and is candid about its activist role. Only the Green Party eschews the fusion game. 

I have written about fusion for many years, and advocated for its abolition. It most recently came up during the State Senate’s debate of the same sex marriage law, when Conservative Party “leaders” were openly threatening Senator Mark Grisanti not to vote in favor of it. It’s notable that this horrible “party” is now endorsing anti-same-sex-marriage, nominal Democrat and former County Legislator Chuck Swanick to run against Grisanti. 

After the County budget crisis of the last decade, I thought it’d be impossible for Swanick to ever dare to re-gain elected office again. Or any job that didn’t end with the suffix “the clown”. At the time, Swanick had switched to the Republican Party in order to be elected legislature chairman, and even after that, he was at the forefront of a fiscal disaster, and had a hand in assisting Butch Holt to give a county contract to his brother’s Texas-based basketball camp, and a $3 million no-bid contract to a glorified answering service called “community corrections” – a huge attempted scam.

The Republican primary race in the newly constructed NY-27 district has revealed some dramatic cleaves in the WNY Republican firmament.  You have rich, country-club Republican against middle-class, war vet Republican. You have suburban vs. rural. You have conservative vs. crony capitalism. Above all, you have the story of David Bellavia and the Erie County GOP. In 2008, Bellavia agreed to step aside in favor of Chris Lee in the NY-26 race in a deal struck with current ECGOP chairman Nick Langworthy.  The deal was, Bellavia lets Lee have the seat, and when Lee vacates the seat, it would be Bellavia’s turn.

But it didn’t turn out that way, and Bellavia was not just snubbed in 2010 when Lee resigned in a Craigslist sex scandal – he was cajoled and threatened. In early 2011, Bellavia was cornered in a back room of an Elmwood Avenue cafe by Chris Collins, Carl Paladino, and Paladino’s lieutenant, Rus Thompson.  The trio played good cop/bad cop, attempting to clear the way for Collins’ neighbor, Assemblywoman Jane Corwin, to get the NY-26 nod. They alternately threatened to reveal embarrassing information about Bellavia’s finances, then offering him an endorsement for an Assembly seat of his own.  Corwin went on to lose dramatically to Kathy Hochul in what turned out to be almost a frame-by-frame foreshadowing of the November 2011 County Executive race. 

To this day, the Erie County Republican Committee has refused to endorse Bellavia for any office, and has reneged completely on the deal it made to clear Chris Lee’s way to Washington. 

With redistricting, the lines have changed and Corwin isn’t trying again. Instead, in keeping with the apparent ECGOP policy that a chief qualification for Congress is that you reside on Cobblestone Drive in Clarence, the recently defeated hobbyist-politician Chris Collins has stepped out to yet again deny Bellavia a shot at a congressional race. Bellavia, however, is not bowing out. He has garnered the support of the xenophobic-but-wealthy Jack Davis, and the endorsement of the Republican committees of every one of the so-called “GLOW” (Genesee, Livingston, Orleans, Wyoming) counties. Bellavia’s campaign has been assisted by former Paladino campaign manager Michael Caputo, and while his fundraising gap vs. Collins is wide, so is the enthusiasm gap – Collins hasn’t made many friends, and is finding that he’s a tough sell outside of Erie and Niagara Counties, within the Buffalo media market that treated him with kid gloves. 

There is some overlap between NY-27 and the State Senate district occupied by Michael Ranzenhofer. Although Ranzenhofer claims to be neutral in the Collins – Bellavia battle, he is a product of the Erie County Republican machine, and close friends with Collins ally and Washington strategist Michael Hook. A few weeks ago, one of Ranzenhofer’s Wyoming County-based staffers, Michelle McCullough, was named to Bellavia’s campaign’s steering committee. After all, she is a Wyoming County committeewoman and at worst, she was going along with her committee’s endorsement. She was quickly fired. The Batavian has a story that confirms the political rationale and scheming that led to McCullough’s termination. Text messages confirm that Erie County GOP Chairman Nick Langworthy criticized McCullough for her endorsement of Bellavia, and one of her colleagues warned her that “Hook called Ranz” just days before her termination. 

Ranzenhofer continues to insist that he is neutral in the NY-27 primary race. 

Yet that doesn’t explain another point that the Batavian revealed. In New York, one of the easiest ways you can circulate nominating petitions for a political party with which you’re not registered is to become a Notary Public. The Batavian story reveals that at least six of Ranzenhofer’s staffers are licensed notaries, and not coincidentally went out and collected petition signatures for Chris Collins for the Conservative Party line; everybody including Michelle McCullough, the staffer fired for her support of David Bellavia. All of the signatures were collected in eastern Erie County, following an instruction to ignore GLOW counties. 

In addition to the apparent lack of supposed neutrality in the Ranzenhofer office regarding the NY-27 race, sources confirm that Erie County Republican elections commissioner Ralph Mohr delivered the Conservative Party petitions to the Ranzenhofer staffers. They didn’t collect signatures on state time, but were asked to use their own “comp” time to do so – time that was theirs and that they had earned as time off. 

It shows that the Erie County Republican Committee is not just not neutral in this race, but that it is actively assisting Chris Collins’ effort, and working in concert – in effect controlling – the concomitant effort to get Collins on the Conservative Party ballot. 

This is nothing new, and it’s not unique to the Republican or Conservative Parties. The Erie County Independence Party has lost its right and ability to endorse candidates to the state party apparatus. This is because ECDC Chairman Len Lenihan had in 2006 attempted an outright takeover of the IP by urging Democrats to become active IP members. This resulted in the local committee endorsing one candidate, and the state committee endorsing another – a conflict that was resolved in the state’s favor through recent litigation. State committee chair Frank MacKay has taken to endorsing Republicans in recent local races

You’ll note that not one piece of information written above has anything whatsoever to do with good policy, platform positions, or anything else commonly associated with what government and politics are supposed to be about.  This is all about influence and power, and in the case of the minor fusion parties, their sole mission in life is to offer and execute Wilson Pakulas in exchange for influence, power, and – above all – jobs

One of the oldest and most-repeated excuses for why we allow fusion voting in New York has to do with the mythological straight-line voter. Presumably, such a voter who is, e.g., a registered and loyal Democrat would never, ever color in a Republican ballot oval, even if the choice was for an objectively superior candidate. (Think Antoine Thompson vs. Mark Grisanti). So, the minor party lines give that type of voter the cover to vote for the right person and not fill in the “R” line. 

I’m sure these people exist, but I’m not convinced that the existence of the “C” and “I” or “WFP” lines somehow magically give them the moral cover to do something they’d otherwise never do. I’d love to see some polling on that; I think it’s utter speculation and, if it exists, affects a very small number of voters. 

It wasn’t too long ago that the Erie County Independence Party was run by a Springville-based barber who was quite brazenly transactional. The current Erie County Conservative Party leader is well-regarded in political circles, and enjoys wide, multi-partisan friendship and support due to his friendly weekend kaffeeklatsches at Daisie’s in  Lackawanna. But during at least one local supervisor’s race last year, it was revealed that the Conservative Party endorsement could be inextricably linked with Mr. Lorigo’s own business interests, as it was alleged that he had withheld an endorsement on pretextual moral grounds, but in reality because the town board had voted against a zoning change that would have directly benefited Lorigo’s business interests, and he was punishing the sitting supervisor for not asserting more influence over the process. 

State Conservative Party chair Mike Long and Ralph Lorigo are persuasive when they threaten Mark Grisanti, who defeated Antoine Thompson by only about 500 votes, and 4,300 of his votes came on the Conservative line. It comes down not to doing the right thing, but counting votes.  But really,  the Conservative Party has no business wielding the political power it does. In 2010, about 4.6 million New Yorkers voted – only about 232,000 of them on the Conservative line; that’s 5% of people who cast ballots. The enrollment in Erie County breaks down this way: Democrats: 286,112; Republicans: 153,179; Conservative Party; 11,811; Independence Party: 24,962; Working Families Party: 2,665; Green Party: 1,225; Libertarian Party: 242; unenrolled: 90,908.  So, we have 571,104 registered Erie County voters, only 2% of whom are members of the Conservative Party, and only 4% of whom are registered as “Independent”. Yet these two little nothing parties with a negligible number of members have practical control over who gets elected.

The minor parties’ political influence exponentially outweighs their membership or ballot results. I’m tired of progress and legislation being held up by little men with little minds whose political parties are only mildly more legitimate and popular than the “Rent is Too Damn High” Party. Why was Tony Orsini taken seriously as a political player? Who is Ralph Lorigo to demand fealty from candidates? How did a panoply of Independence Party hacks get jobs at the Erie County Legislature in 2010? Are Lorigo’s decisions on endorsements based on Conservative Party principles, or on unprincipled self-interest?

To put it bluntly, electoral fusion is one of the chief reasons why we in western New York can’t have nice things. It ensures that our politics are uniquely and overwhelmingly transactional, to the benefit of the connected and the detriment of the average citizen. Somewhat ironically, fusion is the reason why fusion won’t be abolished anytime soon. Too many pols have too intense a reliance on a process that theoretically relies on inflexible low-information voters to succeed. The elected who campaigns too strenuously to unsuccessfully end fusion will find himself returned to the dreaded private sector, with its crappy health insurance and absence of fat, tax-free pensions. 

End electoral fusion, and New York will have enacted a very significant reform that will, in turn, help to hasten other policies and reforms that will help move the state forward. Next time you ask why any local pol chooses not to show leadership on some matter of controversy, refer back to transactional politics and fusion. 

Maziarz Backs Bellavia #Shotsfired

If you had any doubt that Chris Collins‘ star has not only faded, but has been all but extinguished, witness State Senator George Maziarz’s astonishing, early endorsement of David Bellavia to challenge Democrat Kathy Hochul in the newly constituted NY-27. 

In just a few short weeks, Bellavia has taken the reins in this Republican primary – he announced first, he challenged Collins to a series of debates – an activity Collins detests, and he has lined up the support of millionaire Jack Davis. Bellavia has seemingly accumulated not only momentum, but something he has always sorely lacked – money. Now, boots are on the ground collecting signatures, and Bellavia expects to well exceed the approximately 1,000 signatures needed to get on the Republican ballot, and may also seek a second line. 

Collins has a tough row to hoe. As I wrote in November, Collins’ tenure in government was packed with mini-scandals. He referred to the Jewish Assembly Speaker as the “anti-Christ”, and the time when Collins jokingly demanded a “lap dance” in order to save a seat at the State of the State address for a well-connected female executive at a local construction company. It ignores the fact that, to some people, informing them days before Christmas that they’d be losing their state-funded daycare services and that they’d have to quit their jobs to watch their kids, is quite scandalous indeed.

Secondly, Collins did not, as some claim, “fulfill all his promises“. Collins raised taxes, deepened regional cleaves, and ran on “Three Rs – Reforming Erie County government, Rebuilding the local economy, and ultimately, Reducing taxes.”

He did not reform county government – in fact, he resisted and blocked reforms almost routinely (another “r”); he did not rebuild the local economy, but ensured that stimulus funds were hoarded to artificially improve his balance sheet; and he did not reduce – but raised – taxes. That’s breaking your promises, and that’s failure under any measure. It’s no wonder he lost.

Bellavia is now collecting support from the Republican establishment – especially those who were never big fans of Collins’.  Here is the relevant text of the Maziarz endorsement press release:

New York State Senator George D. Maziarz today announced his Republican Primary endorsement of conservative Republican David Bellavia for Congress in the 27th Congressional District of New York.

“I’ve known David Bellavia and his family for many years and I can speak with great confidence about his principle, honor, and integrity,” Sen. Maziarz said. “I am very proud of the way David represented western New York when he fought so heroically in the Iraq War. When he returned from combat I encouraged his interest in politics and I can say without reservation David Bellavia is by far the best person to represent our area in Congress.”

Upon Bellavia’s return from combat, Maziarz was instrumental in awarding him with the New York State Conspicuous Service Cross and inducting him into the New York State Veterans Hall of Fame.

“While I admire David for his military service, it is important for the voters to know his knowledge of national issues far exceeds his opponent in the Republican Primary and his general election competitor,” Sen. Maziarz said. “David knows how those issues impact the working class, because he is just like the constituents of the 27th District – a hardworking family man who knows what it’s like to struggle with high taxes and balancing the family budget.”

“I am humbled by Sen. Maziarz’s early support in this Republican Primary because I know he weighs endorsements very carefully,” Bellavia said. “He has been a mentor to me with his advice and counsel and an example to me with how he conducts himself as a public servant. His backing is a real shot in the arm for our campaign, especially because almost his entire State Senate district lies within the 27th Congressional District.”

“I will strive to serve Sen. Maziarz’s constituents in Congress with as much devotion to duty as he has shown for 17 years in the State Senate,” Bellavia said.

Jack Davis Expected to Form a Pro-David Bellavia SuperPAC

In the Republican race to take on Kathy Hochul in the newly reconstituted NY-27, the main advantage Chris Collins has over David Bellavia is related to the size of his bank account, and his willingness to use it. 

Not so fast. 

Look for curmudgeonly Akron industrialist Jack Davis, who ran for Congress in 2006, 2008, and 2011 as a Democrat, under the “Save Jobs Party” banner, and finally as a Republican to set up a pro-David Bellavia SuperPAC within the next few days. 

As we’ve seen in the presidential campaign, the SuperPAC is free to spend unlimited, undisclosed sums of money to actively support a candidate for federal office.

I suspect this isn’t good news for Mr. Collins, who was counting on obliterating Bellavia with expensive TV time and mailers. 

McCarthyisms: Lorigoist Stenography

Buffalo’s sleepiest political columnist™ strikes again!

Speaking of the Grisanti district, much has been made in some quarters about the efforts of Kitty Lambert — a same-sex marriage advocate and head of a group called Grisanti Grassroots – to register about 300 sympathizers in the Conservative Party. The idea would be to build support for Grisanti in the minor party should he face a primary over his 2011 vote in favor of same-sex marriage.

But Erie County Conservative Chairman Ralph Lorigo says about one-third of those new Conservatives hail from Niagara County, which is not expected to be part of the new district. And he points out that Conservative honcho Billy Delmont signed up another 200 Conservatives himself over the past few months. Those new Conservatives may not be as enthusiastic about the Grisanti vote.

His mustachioed somnolence also stuffed Sunday’s column with the third or fourth mention of Barry Weinstein and Chris Collins stalking NY-26, and how Collins in particular loves that he won all the Erie County towns in the district when he ran. 

This is because much the suburbanite electorate is comprised of low-information WBEN voters. 

But that Grisanti thing – “much has been made in some quarters”. Passive voice + strawman, paired with supposed information from what amounts to the boss of a political gang, just shouldn’t be in the paper. 

Same-sex marriage and civil rights advocate Kitty Lambert set Stenographer Bob right.  She runs a group called “Grisanti Grassroots” which has been working to register same-sex marriage proponents as Conservative Party members to help Grisanti should there be any primary. 

Dear Bob:

I was pleasantly surprised to see my name in your column today, especially since I had not spoken to you. I was more surprised to see that you relied solely upon the Conservative Party to provide you with information about our registration drive. Of course, they know none of the details; we didn’t provide them with courtesy copies of our work…

… only 12.5% of the 304 Conservative Party members we registered are from outside Erie County – and nowhere near one-third are from Niagara County.

They lied to you.

Also, my election attorney advised me that, according to NYS Election Law Section 5-304.3, only voters whose registrations were collected and submitted before October 15, 2011 can legally vote in the 2012 Erie County Conservative Party Primary. That’s why we hurried to get it done. That’s also why we did it quietly: so the homophobes in the National Organization for Marriage wouldn’t do the same thing and negate our efforts. We caught them by surprise and they aren’t happy about it.

If our group could have been registering new Conservatives legally qualified to vote in the 2012 primary AFTER October 15, 2011, we would have certainly registered four or five times the voters we did. Therefore, not even one of the voters Billy Delmont allegedly registered “in the past few months” will be legally permitted to vote in the 2012 primary. The only exception to this rule are voters who just turned 18 years old after October 15, 2001 – and I doubt crusty old Billy Delmont knows two 18 year olds, let alone 200.

They lied to you again.

Perhaps we can talk on the telephone or over coffee the next time you write about a project I’m coordinating. My number is 716-xxx-xxxx. I would be delighted to talk or meet with you, as I am an avid reader of your column. And I won’t lie to you.

Sincerely,

Kitty Lambert-Rudd

Coordinator

www.GrisantiGrassroots.com

This is probably illustrative of why buyers of the paper version of the Buffalo News prefer its coupons over anything else.

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