If a President Is Reelected

Winning candidate of the U.S. presidential ballot in the time before inauguration

The president-elect of the United States is the candidate who has presumptively won the The states presidential election and is awaiting inauguration to become the president. There is no explicit indication in the U.S. Constitution as to when that person really becomes president-elect, although the Twentieth Amendment uses the term "President-elect", thus giving the term "president-elect" constitutional justification.[1] [two] It is assumed the Congressional certification of votes bandage by the Balloter College of the United States – occurring afterwards the third day of January following the swearing-in of the new Congress, per provisions of the Twelfth Amendment – unambiguously confirms the successful candidate every bit the official 'President-elect' under the U.South. Constitution. As an unofficial term, president-elect has been used by the media since at least the latter half of the 19th century, and was in utilize by politicians since at to the lowest degree the 1790s. Politicians and the media have applied the term to the projected winner, even on election night,[3] and very few who turned out to have lost have been referred to as such.[4]

While Election Day is held in early on November, formal voting by the members of the Electoral College takes place in mid-December, and the presidential inauguration (at which the oath of function is taken) is then usually held on January xx. The only constitutional provision pertaining direct to the person who has won the presidential ballot is their availability to take the oath of office.[ane] The Presidential Transition Deed of 1963 empowers the Full general Services Administration to determine who the apparent ballot winner is, and provides for a timely and organized sequence for the federal government's transition planning in cooperation with the president-elect's transition team; it also includes the provision of office space for the "credible successful candidates".[v] By convention, during the period between the election and the inauguration, the president-elect actively prepares to carry out the duties of the office of president and works with the outgoing (or lame duck) president to ensure a smoothen handover of presidential responsibilities. Since 2008, incoming presidents have also used the proper name Office of the President-elect to refer to their transition organisation, despite a lack of formal description for it.

Incumbent presidents who have won re-ballot for a 2nd term are mostly not referred to as presidents-elect, as they are already in office and are non waiting to go president. A sitting vice president who is elected president is referred to as president-elect.

History of the usage of the term [edit]

The utilize of the term dates back to the at least the 1790s, with letters written by multiple of the Founding Fathers of the United States having used the term in relation to the 1796 United States presidential ballot. There is bear witness from some of these letters that, as is the case today, it may accept been acceptable to apply the term to individuals that appeared to have won election, even before the full results were known.[6]

Major news publications began to regularly use the term in the latter half of the 19th century.[6]

With the 1933 ratification of the 20th Amendment to the U.s.a. Constitution, the term was at present used in the Constitution of the United states of america.[6]

Presidential ballot constabulary overview [edit]

Article II, Section one, Clause 2 of the United states of america Constitution, along with the 12th and Twentieth Amendments direct address and govern the process for electing the nation's president. Presidential elections are further regulated by various federal and state laws.

Under the 1887 Electoral Count Act, the presidential electors, the members of the Electoral College, the trunk that direct elects the president, must be "appointed, in each state, on the Tuesday side by side after the kickoff Monday in Nov, in every fourth year". Thus, all states appoint their electors on the same date, in November, one time every four years. However, the mode of appointment of the electors is determined by the law of each state, subject to the restrictions stipulated past the Constitution.

Currently, in every state, an election by the people is the method employed for the option of the members of the Electoral Higher. The Constitution, however, does not specify whatever procedure that states must follow in choosing electors. A state could, for instance, prescribe that they be elected by the state legislature or even chosen by the state's governor. The latter was the norm in early on presidential elections prior to the 1820s; no country has done then since the 1860s. Several states accept enacted or proposed laws that would requite their electoral votes to the winner of the national pop vote regardless of the result of their statewide vote, only these laws volition not come into forcefulness unless states with a bulk of the electoral votes collectively enact such laws, which as of 2022 has still to occur.

On the Monday after the 2d Wednesday in December, the electors of each land run across in their corresponding state capitals (and the electors of the District of Columbia run across in the federal capital), and in those meetings the electors cast their votes for president and vice president of the United States. At the conclusion of their meetings, the electors of each state and of the Commune of Columbia then execute a "certificate of vote" (in several original copies), declaring the vote count in each meeting. To each certificate of vote, a document of ascertainment is annexed. Each document of ascertainment is the official document (usually signed past the governor of the state and/or by the state's secretary of state) that declares the names of the electors, certifying their appointment as members of the Electoral College. Given that in all states the electors are currently chosen by pop vote, each certificate of ascertainment also declares the results of the pop vote that decided the date of the electors, although this data is not constitutionally required. The electors in each country and of the Commune of Columbia and so send the certificates of vote, with the enclosed certificates of observation, to the president of the U.Due south. Senate.

The electoral votes are counted in a joint session of Congress in early Jan (on Jan 6 as required by three U.S. Code, Affiliate 1, or an alternative date set past statute), and if the ballots are accepted without objections, the presidential and vice-presidential candidates winning at to the lowest degree 270 electoral votes—a bulk of the total number of electoral votes—are certified equally having won the election by the incumbent vice president, in their capacity as president of the Senate. If no presidential candidate reaches the 270-vote threshold, the election for the president is decided by the House of Representatives in a run-off contingent election. Similarly, if no vice-presidential candidate reaches that threshold, the election for the vice president is decided past the Senate.[1]

Balloter Higher role [edit]

Although neither the Constitution nor any federal law requires electors to vote for the candidate who wins their state'due south pop vote, some states have enacted laws mandating that they vote for the state vote winner. In 2020, the constitutionality of these laws was upheld past the United States Supreme Court.[7] Historically, there have only been a few instances of "faithless electors" casting their ballots for a candidate to whom they were not pledged, and such instances accept never altered the final outcome of a presidential ballot.

Congressional reports [edit]

2 congressional reports found that the president-elect is the eventual winner of the majority of electoral ballots cast in Dec. The Congressional Inquiry Service (CRS) of the Library of Congress, in its 2004 report "Presidential and Vice Presidential Succession: Overview and Current Legislation,"[8] discussed the question of when candidates who have received a majority of electoral votes get president-elect. The study notes that the constitutional condition of the president-elect is disputed:

Some commentators doubt whether an official president- and vice president-elect be prior to the electoral votes beingness counted and announced by Congress on Jan six, maintaining that this is a problematic contingency lacking clear constitutional or statutory management. Others affirm that once a majority of electoral votes has been cast for one ticket, then the recipients of these votes become the president- and vice president-elect, notwithstanding the fact that the electoral votes are not counted and certified until the post-obit Jan 6.

The CRS report quotes the 1933 U.S. House committee report accompanying the Twentieth Amendment as endorsing the latter view:

It will be noted that the committee uses the term "president-elect" in its generally accepted sense, as meaning the person who has received the bulk of balloter votes, or the person who has been chosen by the House of Representatives in the outcome that the election is thrown into the Business firm. It is immaterial whether or not the votes accept been counted, for the person becomes the president-elect as soon as the votes are bandage.[9]

President-elect succession [edit]

Scholars have noted that the national committees of the Autonomous and Republican parties accept adopted rules for selecting replacement candidates in the event of a nominee'due south expiry, either before or afterwards the general ballot. If the apparent winner of the general ballot dies earlier the Electoral College votes in December the electors would likely exist expected to endorse whatever new nominee their national party selects every bit a replacement. The rules of both major parties stipulate that if the apparent winner dies under such circumstances and his or her running mate is still able to assume the presidency, so the running mate is to get the president-elect with the electors being directed to vote for the former vice presidential nominee for President. The party'south national committee, in consultation with the new president-elect, would then select a replacement to receive the electoral votes for Vice President.

If the apparent winner dies between the College's December vote and its counting in Congress in January, the 12th Amendment stipulates that all balloter ballots cast shall be counted, presumably fifty-fifty those for a expressionless candidate. The U.S. House committee reporting on the proposed Twentieth Amendment said the "Congress would accept 'no discretion' [and] 'would declare that the deceased candidate had received a majority of the votes.'"[10]

The Constitution did not originally include the term president-elect. The term was introduced through the Twentieth Amendment, ratified in 1933, which contained a provision addressing the unavailability of the president-elect to take the oath of office on Inauguration Solar day.[i] Section iii provides that if there is no president-elect on January 20, or the president-elect "fails to authorize", the vice president-elect would go acting president on Jan twenty until there is a qualified president. The section as well provides that if the president-elect dies earlier apex on January twenty, the vice president-elect becomes president-elect. In cases where there is no president-elect or vice president-elect, the amendment also gives the Congress the authorisation to declare an acting president until such time as there is a president or vice president. At this bespeak the Presidential Succession Human action of 1947 would use, with the office of the Presidency going to the speaker of the House of Representatives, followed by the president pro tempore of the Senate and various Cabinet officers.[11]

Horace Greeley is the merely presidential candidate to win pledged electors in the general election and then die before the presidential inauguration; he secured 66 votes in 1872 and succumbed before the Balloter College met. Greeley had already clearly lost the election and most of his votes inconsequentially scattered to other candidates.

The closest instance of there beingness no qualified person to take the presidential oath of role on Inauguration Twenty-four hours happened in 1877 when the disputed ballot between Rutherford B. Hayes and Samuel J. Tilden was decided and certified in Hayes' favor just iii days earlier the inauguration (then March 4). Information technology might accept been a possibility on several other occasions as well. In January 1853, President-elect Franklin Pierce survived a railroad train blow that killed his 11-yr-old son. Four years later on, President-elect James Buchanan battled a serious illness contracted at the National Hotel in Washington, D.C., as he planned his inauguration. Additionally, on February 15, 1933, just 23 days later on the Twentieth Amendment went into effect, President-elect Franklin D. Roosevelt survived an assassination attempt in Miami, Florida. The amendment's provision moving inauguration twenty-four hours from March 4 to Jan xx, would non accept result until 1937, but its three provisions about a president-elect went into issue immediately.[1] If the bump-off endeavor on Roosevelt had been successful so, pursuant to Section 3 of the amendment, Vice President-elect John Nance Garner would have been sworn in as president on Inauguration 24-hour interval, and the vice presidency would have remained vacant for the entire four-twelvemonth term.

Presidential transitions [edit]

Since the widespread adoption of the telegraph in the mid-19th century, the de facto president-elect has been known across a reasonable doubt, with only a few exceptions, within a few days (or even hours) of the polls endmost on ballot solar day. As a result, incoming presidents gained valuable preparation time prior to assuming office.

Contempo presidents-elect accept assembled transition teams to prepare for a shine transfer of ability following the inauguration. Outgoing presidents have cooperated with the president-elect on important policy matters during the concluding 2 months of the president's term to ensure a smooth transition and continuity of operations that accept significant national interests. Before the ratification of the Twentieth Subpoena in 1933, which moved the kickoff of the presidential term to Jan, the president-elect did not assume office until March, four months afterward the popular election.

Under the Presidential Transition Act of 1963 (P.L. 88-277),[12] amended by the Presidential Transitions Effectiveness Human activity of 1998 (P.L. 100-398),[13] the Presidential Transition Human activity of 2000 (P.L. 106-293),[14] [15] and the Pre-Election Presidential Transition Act of 2010 (P.L. 111-283),[xvi] the president-elect is entitled to request and receive certain privileges from the Full general Services Assistants (GSA) as they prepare to presume office.

Section 3 of the Presidential Transition Act of 1963 was enacted to aid shine transitions between incoming and outgoing presidential administrations. To that end, provisions such as office space, telecommunication services, transition staff members are allotted, upon asking, to the president-elect, though the Act grants the president-elect no official powers and makes no mention of an "Role of the President-Elect."[12]

In 2008, President-elect Barack Obama gave numerous speeches and press conferences in forepart of a placard emblazoned with "Office of the President Elect"[17] and used the same term on his website.[xviii] President-elect Donald Trump did likewise on January 11, 2017.[19]

The Presidential Transition Human action of 1963 further authorizes the Administrator of the Full general Services Assistants to upshot a "letter of observation" even before the December vote of the Balloter College; this alphabetic character identifies the apparent winners of the November general election; this enables the president-elect, vice president-elect, and transition teams for the purposes of receiving federal transition funding, function space and communications services prior to the beginning of the new administration on January 20.[v] [20] [21] In that location are no firm rules on how the GSA determines the president-elect. Typically, the GSA primary might brand the decision after reliable news organizations have alleged the winner or following a concession by the loser.[22]

Article Ii, Section 1, clause 8 of the Constitution provides that "Before he enter on the Execution of his Function" the president shall swear or affirm to "faithfully execute the Function of President of the United States" and "preserve, protect and defend the Constitution of the U.s.." The Twentieth Amendment provides that apex on January 20 marks both the terminate of a four-year presidential term and the outset of the next four-year presidential term.[23] It is a "constitutional mystery" about who (if anyone) holds the presidency during the cursory menstruum on Inauguration Day betwixt noon and the swearing-in of a new president (or the renewed swearing-in of a re-elected president) approximately five minutes later on.[23] One view is that "a President-elect does non presume the status and powers of the President until he or she takes the oath"; under this view, "a person must reach earlier he or she can assume and exercise the powers of President."[24] A second, opposite view is that the taking of the oath is a "formalism reminder of both the President's duty to execute the law and the condition of the Constitution equally supreme law" and is not a prerequisite to a person "exercis[ing] the powers of the Chief Executive"; the view tin can be partially based on the fact that the oath is not mentioned in the eligibility requirements for the presidency set forth elsewhere in Article II.[24] A third, intermediate view (the "primed presidency" view) is that "a President-elect automatically becomes President upon the start of his new term, but is unable to 'enter on the Execution of his Office' until he recites the oath"; in other words, the president "must complete the oath before she can constitutionally tap the ability of the presidency."[24]

The president-elect and vice president-elect receive mandatory protection from the United States Secret Service. Since the 1968 assassination of Robert F. Kennedy, major-party candidates as well receive such protection during the election campaign.

Listing of presidents-elect [edit]

President-elect[a] Party Following Through
1 George Washington Nonpartisan Ballot of 1788–89[b] George Washington'due south first inauguration
2 John Adams Federalist Election of 1796 John Adams'southward inauguration
3 Thomas Jefferson Democratic-Republican Election of 1800[c] Thomas Jefferson's offset inauguration
4 James Madison Democratic-Republican Election of 1808 James Madison's starting time inauguration
5 James Monroe Democratic-Republican Election of 1816 James Monroe's start inauguration
half-dozen John Quincy Adams Democratic-Republican Election of 1824[c] John Quincy Adams'south inauguration
seven Andrew Jackson Autonomous Election of 1828 Andrew Jackson's commencement inauguration
8 Martin Van Buren Democratic Election of 1836 Martin Van Buren'due south inauguration
ix William Henry Harrison Whig Election of 1840 William Henry Harrison'southward inauguration
10 James Yard. Polk Autonomous Election of 1844 James Grand. Polk's inauguration
11 Zachary Taylor Whig Ballot of 1848 Zachary Taylor'due south inauguration
12 Franklin Pierce Autonomous Election of 1852 Franklin Pierce's inauguration
13 James Buchanan Democratic Election of 1856 James Buchanan'south inauguration
14 Abraham Lincoln Republican Election of 1860 Abraham Lincoln's start inauguration
15 Ulysses S. Grant Republican Election of 1868 Ulysses South. Grant'southward first inauguration
16 Rutherford B. Hayes Republican Election of 1876[d] Rutherford B. Hayes's inauguration
17 James A. Garfield Republican Election of 1880 James A. Garfield'southward inauguration
eighteen Grover Cleveland Democratic Election of 1884 Grover Cleveland's first inauguration
19 Benjamin Harrison Republican Ballot of 1888 Benjamin Harrison's inauguration
20 Grover Cleveland Democratic Election of 1892 Grover Cleveland's 2nd inauguration
21 William McKinley Republican Election of 1896 William McKinley's first inauguration
22 William Howard Taft Republican Election of 1908 William Howard Taft's inauguration
23 Woodrow Wilson Democratic Election of 1912 Woodrow Wilson's outset inauguration
24 Warren G. Harding Republican Election of 1920 Warren Thousand. Harding's inauguration
25 Herbert Hoover Republican Election of 1928 Herbert Hoover'southward inauguration
26 Franklin D. Roosevelt Democratic Ballot of 1932 Franklin D. Roosevelt's first inauguration
27 Dwight D. Eisenhower Republican Election of 1952 Dwight D. Eisenhower's kickoff inauguration
28 John F. Kennedy Democratic Ballot of 1960 John F. Kennedy's inauguration
29 Richard Nixon Republican Ballot of 1968 Richard Nixon'south first inauguration
thirty Jimmy Carter Democratic Election of 1976 Jimmy Carter'south inauguration
31 Ronald Reagan Republican Election of 1980 Ronald Reagan's first inauguration
32 George H. W. Bush Republican Election of 1988 George H. W. Bush-league's inauguration
33 Bill Clinton Democratic Ballot of 1992 Pecker Clinton'south first inauguration
34 George Due west. Bush Republican Ballot of 2000[due east] George West. Bush's first inauguration
35 Barack Obama Democratic Election of 2008 Barack Obama'south first inauguration
36 Donald Trump Republican Election of 2016 Donald Trump'due south inauguration
37 Joe Biden Democratic Election of 2020 Joe Biden's inauguration
Notes:
  1. ^ Cavalcade counts number of presidents-elect. Grover Cleveland is counted twice because he was elected to two not-consecutive terms. John Tyler, Millard Fillmore, Andrew Johnson, Chester A. Arthur and Gerald Ford are not counted because they entered part intra-term and never elected to the presidency. Theodore Roosevelt, Calvin Coolidge, Harry Truman and Lyndon B. Johnson, who also entered office intra-term, are non counted considering they were already incumbent presidents when elected to a total term.[25]
  2. ^ Also after a delay in the certification of the balloter votes by Congress.
  3. ^ a b As well later a contingent ballot in the House of Representatives.
  4. ^ As well after a dispute over 20 balloter votes from four states was resolved by a special Balloter Committee established past Congress.
  5. ^ Also afterward a dispute over Florida'due south 25 electoral votes was resolved by the Supreme Court in Bush 5. Gore, which halted the Florida vote recount that was under mode.[26]

See also [edit]

  • Vice President-elect of the United States
  • Prime government minister-designate (analogous term)

References [edit]

  1. ^ a b c d e Bomboy, Scott (January 6, 2017). "What ramble duties are placed on the President Elect?". National Constitution Center. Archived from the original on Nov 14, 2020. Retrieved January 15, 2017.
  2. ^ Reuters Staff (November 18, 2020). "Fact cheque: Previous presidents have used 'Function of the President Elect'". Reuters. Archived from the original on January 14, 2021. Retrieved December half dozen, 2020.
  3. ^ Bolster, Karina (November 10, 2020). "Conclusion 2020: The significant behind 'President-elect'". NBC12.com. Archived from the original on November 14, 2020. Retrieved November 14, 2020.
  4. ^ Pollard, Benjamin. "1916: The presidential election The Herald got wrong". Brown Daily Herald. Dark-brown University. Archived from the original on Jan fourteen, 2021. Retrieved December 22, 2020.
  5. ^ a b "An Act To promote the orderly transfer of the executive power in connection with the expiration of the term of office of a President and the Inauguration of a new President (Public Law 88-277)" (PDF). gsa.gov. Washington, D.C.: Full general Services Administration. Archived (PDF) from the original on January 14, 2021. Retrieved December 7, 2020. The terms "President-elect" and "Vice-President-elect" as used in this Act shall mean such persons as are the apparent successful candidates for the function of the President and Vice President, respectively, every bit ascertained by the Ambassador following the full general elections held to determine the electors of the President and Vice-President in accordance with championship three, United States code, sections 1 and 2
  6. ^ a b c Satta, Mark (January 12, 2021). "A brief history of the term 'president-elect' in the United States". The Conversation . Retrieved May 31, 2021.
  7. ^ Chiafalo et al. v. Washington, 591 U.South. ____ (July 6, 2020). https://www.scotusblog.com/case-files/cases/chiafalo-v-washington/ Archived Nov 14, 2020, at the Wayback Machine
  8. ^ Thomas H. Neale. "Presidential and Vice Presidential Succession: Overview and Electric current Legislation" (PDF). Congressional Research Service. Archived (PDF) from the original on November 14, 2020. Retrieved April 21, 2012.
  9. ^ U.S. Congress, House, Proposing an Amendment to the Constitution of the Us, report to accompany Southward.J. Res. 14, 72nd Cong., 1st sess., Rept. 345 (Washington, GPO:1932), p. half dozen.
  10. ^ Longley, Lawrence D.; Neal R. Peirce (1999). The Balloter Higher Primer 2000 . Yale University Press. p. 130. ISBN0-300-08036-0.
  11. ^ "Title 3—The President: Chapter 1—Presidential Elections and Vacancies" (PDF). Washington, D.C.: U.South. Government Publishing Role. 2017. p. 6. Archived (PDF) from the original on November 28, 2020. Retrieved November six, 2019.
  12. ^ a b "Presidential Transition Human action of 1963". www.gsa.gov. Archived from the original on Nov 21, 2008. Retrieved Oct nineteen, 2016.
  13. ^ "The Presidential Transitions Effectiveness Act of 1998". www.gsa.gov. Archived from the original on November 21, 2008. Retrieved October nineteen, 2016.
  14. ^ "Presidential Transition Human activity of 2000". www.gsa.gov. Archived from the original on Nov 21, 2008. Retrieved October 19, 2016.
  15. ^ "South. 2705". world wide web.senate.gov. Archived from the original on August three, 2008. Retrieved October 30, 2008.
  16. ^ "Pre-Election Presidential Transition Act of 2010". Archived from the original on November 14, 2020. Retrieved October xix, 2016.
  17. ^ Stanley, Alessandra (Nov 8, 2008). "Donning the Presidential Mantle to Brave a Tempest of Questions on the Economic system". The New York Times. Archived from the original on November fourteen, 2020. Retrieved May 20, 2010.
  18. ^ "Function of the President Elect". change.gov. Archived from the original on November 8, 2008. Retrieved December 2, 2016.
  19. ^ Houpt, Simon (January 11, 2017). "Trump'southward answer to press seeking substantive response: 'I won'". The Earth and Mail. Archived from the original on Nov fourteen, 2020. Retrieved January 12, 2017.
  20. ^ In November 2000, the GSA ambassador did not proper noun a president-elect until the legal disputes over vote-counting in Florida were resolved. Schrader, Esther (Nov 28, 2000). "GSA Denies Bush-league Transition Aid, Citing Legal Battle". Los Angeles Times. Archived from the original on Jan 2, 2009. Retrieved November xvi, 2008. Information technology started early Mon when the Bush-league team asked for access to the taxpayer-funded transition offices that are to be used past the president-elect. The General Services Administration refused, explaining it was best to wait until the legal challenges in Florida had run their grade.
  21. ^ Allan Smith and Heidi Przybyla (Nov ten, 2020). "Trump appointee slow-walks Biden transition. That could delay the president-elect's Covid-19 plan". NBC News. Archived from the original on November 14, 2020. Retrieved Nov eleven, 2020. the alphabetic character of "ascertainment" — a previously mostly noncontroversial process since the passage of the Presidential Transition Deed of 1963. Signing the paperwork when a new president is elected triggers the release of millions of dollars in transition funding and allows an incoming administration access to electric current government officials.
  22. ^ Flaherty, Anne (November 18, 2020). "Trump could make a Biden transition messy: Hither's how". ABC News. Archived from the original on January 14, 2021. Retrieved November xviii, 2020.
  23. ^ a b Scott E. Gant & Bruce G. Peabody, Musings on a Ramble Mystery: Missing Presidents and "Headless Monsters"? Archived Nov xiv, 2020, at the Wayback Machine 14 Constitutional Commentary 83 (spring 1997).
  24. ^ a b c Bruce Peabody, Imperfect Oaths, the Primed President, and an Affluence of Constitutional Circumspection Archived November 14, 2020, at the Wayback Machine, 104 Northwestern University Law Review Colloquy 12 (2009).
  25. ^ Thurston, David (August thirteen, 2012). "ten things to know about U.Southward. vice-presidents". CBC News. Archived from the original on November 14, 2020. Retrieved June seven, 2020.
  26. ^ McCaleb, Ian Christopher (December 13, 2000). "Bush, now president-elect, signals will to bridge partisan gaps". CNN.com. Archived from the original on November xiv, 2020. Retrieved February 10, 2009.

External links [edit]

  • Presidential Transition, GSA
  • President Eisenhower Writes President-Elect John F. Kennedy a Chilly Letter of the alphabet almost Staffing, 1960 Shapell Manuscript Foundation
  • President-Elect Garfield Can't Beget Transportation
  • Office of the President-Elect (President-elect Barack Obama) at the Wayback Machine (archived Dec 29, 2008)

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Source: https://en.wikipedia.org/wiki/President-elect_of_the_United_States

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