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      <title>Votelaw</title>
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      <copyright>Copyright 2008</copyright>
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         <title>Scotland: expert casts doubt on 2007 election results</title>
         <description><![CDATA[<p><strong>Scotland on Sunday reports:</strong>  THE expert appointed to investigate last year s Scottish Parliament election fiasco has said some MSPs may have no right to sit at Holyrood.</p>

<p>Elections watchdog Ron Gould revealed he is  not comfortable  with the view that all 129 MSPs elected last year actually received more votes than their opponents. He blames the farce in which more than 140,000 ballots were spoiled.</p>

<p>Gould s astonishing comments last night threw a cloud of uncertainty over the Scottish Parliament s integrity, and over the SNP s historic victory.</p>

<p>Last May, First Minister Alex Salmond won power on the back of a one seat victory over Labour. One constituency, Cunninghame North, was won with a majority of just 49. It later emerged that 1,015 votes had been spoilt. In other seats the spoiled papers outweighed the winner s majority, suggesting different results could have emerged if they had been counted.  --  <a title="Wrong MSPs elected in poll fiasco - Scotland on Sunday" href="http://scotlandonsunday.scotsman.com/latestnews/Wrong-MSPs-elected-in-poll.4095379.jp">Wrong MSPs elected in poll fiasco - Scotland on Sunday</a><br />
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         <link>http://www.votelaw.com/blog/archives/005820.html</link>
         <guid>http://www.votelaw.com/blog/archives/005820.html</guid>
         <category>Scotland</category>
         <pubDate>Sat, 17 May 2008 21:27:55 -0600</pubDate>
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         <title>Von Spakovsky withdraws, Reid claims victory</title>
         <description><![CDATA[<p><strong>The Washington Post reports:</strong>  A controversial Bush administration nominee to the Federal Election Commission withdrew from consideration yesterday, providing a likely breakthrough to an impasse that has sidelined the political watchdog agency at the height of the primary season.</p>

<p>Hans von Spakovsky, a former Justice Department lawyer whose nomination became entangled in allegations that political considerations influenced decisions by the agency s Civil Rights Division, sent President Bush a letter withdrawing his NAME.</p>

<p>Senate Democrats had refused for a year to confirm von Spakovsky, torpedoing the nominations of three other nominees and denying the FEC a quorum. Since Jan. 1, only two of the agency s six commissioner slots have been filled. Bush, supported by GOP Senate leaders, had refused to withdraw von Spakovsky s NAME.</p>

<p>Senate Majority Leader Harry M. Reid  D-Nev.  claimed victory yesterday and predicted that Bush would soon select a replacement who could quickly win confirmation along with four other pending nominees and put the FEC back on its feet.  --  <a title="Contested Nominee To FEC Drops Out - washingtonpost.com" href="http://www.washingtonpost.com/wp-dyn/content/article/2008/05/16/AR2008051604040.html">Contested Nominee To FEC Drops Out - washingtonpost.com</a><br />
</p>]]></description>
         <link>http://www.votelaw.com/blog/archives/005819.html</link>
         <guid>http://www.votelaw.com/blog/archives/005819.html</guid>
         <category>FEC (other)</category>
         <pubDate>Sat, 17 May 2008 06:19:43 -0600</pubDate>
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         <title>Missouri: voter I.D. proposal dies at end of session</title>
         <description><![CDATA[<p><strong>The New York Times reports:</strong>  Missouri lawmakers ended their legislative session on Friday without completing action on a proposed constitutional amendment that would have enabled election officials to require proof of citizenship from people registering to vote.</p>

<p>The bill failed to go to the Senate floor for a vote in part because of pressure by the secretary of state and grass-roots groups, said a Republican lobbyist who worked for the measure.</p>

<p>The lobbyist asked not to be identified because he was not authorized to speak for the backers. Sponsors of the amendment, which would have required voter approval to go into effect, say it is part of an effort to prevent illegal immigrants from affecting the political process. Critics say it could lead to disenfranchising tens of thousands of legal residents who would find it difficult to prove their citizenship.  --  <a title="Missouri Legislature Ends Session With Voter ID Amendment Still on Agenda - New York Times" href="http://www.nytimes.com/2008/05/17/us/politics/17missouri.html?partner=rssuserland&emc=rss&pagewanted=all">Missouri Legislature Ends Session With Voter ID Amendment Still on Agenda - New York Times</a><br />
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         <link>http://www.votelaw.com/blog/archives/005818.html</link>
         <guid>http://www.votelaw.com/blog/archives/005818.html</guid>
         <category>Voter I.D.</category>
         <pubDate>Sat, 17 May 2008 06:13:51 -0600</pubDate>
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         <title>McCain issues conflict-of-interest rules for his staff</title>
         <description><![CDATA[<p><strong>The New York Times reports:</strong>  After expelling four advisers in the last week over concerns about their outside entanglements, Senator John McCain said Friday that his presidential campaign was beginning a new “vetting process” intended to end the embarrassments over staff ties to private interests, foreign governments or independent political groups.</p>

<p>A campaign spokeswoman said it was too soon to say how many campaign officials might be removed under the new rules, which were distributed to campaign staff members Thursday night with a questionnaire to ferret out potential conflicts.  ...</p>

<p>The midcampaign staff review underscores the difficulties Mr. McCain is having in trying to build his Republican presidential campaign around his crusades for tighter ethics rules and pledges to avoid even the appearance of conflicts of interest. It is hard for any campaign to find experienced operatives who do not also sell their political connections, expertise or influence to private interests. And Mr. McCain’s emphasis on strict ethics has drawn special attention to the number of potential conflicts within his own staff.</p>

<p>On Friday, the campaign severed its ties to Craig Shirley, a veteran public relations consultant who had helped handle outreach to conservatives. The campaign said it would no longer employ Mr. Shirley because he was also working for StopHerNow.com, an independent political group initially dedicated to attacking Senator Hillary Rodham Clinton that is now refocusing on Senator Barack Obama (and changing its name).  --  <a title="In Effort to Avoid Conflicts, McCain Issues New Rules for Staff - New York Times" href="http://www.nytimes.com/2008/05/17/us/politics/17lobby.html?partner=rssuserland&emc=rss&pagewanted=all">In Effort to Avoid Conflicts, McCain Issues New Rules for Staff - New York Times</a><br />
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         <link>http://www.votelaw.com/blog/archives/005817.html</link>
         <guid>http://www.votelaw.com/blog/archives/005817.html</guid>
         <category>Campaigning</category>
         <pubDate>Sat, 17 May 2008 06:06:30 -0600</pubDate>
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         <title>Von Spakovsky witndraws from FEC nomination</title>
         <description><![CDATA[<p><strong>TPM Muckraker reports:</strong>  After a five-month standoff, Hans von Spakovsky has withdrawn his NAME as a nominee to the FEC. The move likely clears the way for the deadlock over the FEC to be resolved.</p>

<p>You can read his resignation <a href="http://www.talkingpointsmemo.com/docs/von-spakovsky-withdraw/">here</a>.</p>

<p> It is with regret that I write to request that you withdraw my nomination,  Spakovsky wrote in a letter to the President today. In his letter, Spakovsky explains that Democrats  opposition to his nomination has caused a battle that has been  extremely hard on my family and quite frankly, we do not have the financial resources to continue to wait until this matter is resolved. </p>

<p>Democrats have opposed Spakovsky s nomination ever since last year, but it was the opposition of Sens. Barack Obama  D-IL  and Russ Feingold  D-WI , who refused to allow any vote on the nominees together, that ultimately led to his withdrawal. Republicans, on the other hand, refused to allow Spakovsky to be voted on separately.  --  <a title="TPMMuckraker | Talking Points Memo | Breaking: Spakovsky Withdraws as FEC Nominee" href="http://tpmmuckraker.talkingpointsmemo.com/2008/05/breaking_spakovsky_withdraws_a.php">TPMMuckraker | Talking Points Memo | Breaking: Spakovsky Withdraws as FEC Nominee</a><br />
</p>]]></description>
         <link>http://www.votelaw.com/blog/archives/005816.html</link>
         <guid>http://www.votelaw.com/blog/archives/005816.html</guid>
         <category>FEC (other)</category>
         <pubDate>Fri, 16 May 2008 18:24:05 -0600</pubDate>
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         <title>A profile of Joaquin Avila</title>
         <description><![CDATA[<p><strong>The Seattle University Magazine has this profile:</strong>  Joaquin Avila is a highly lauded legal scholar, a distinguished assistant professor at Seattle University School of Law and a leading expert on minority voting rights.</p>

<p>His many accomplishments—degrees from Yale and Harvard, a MacArthur Fellowship (“genius grant”) and honors from the State Bar of California and the California League of United Latin American Citizens—are even more remarkable considering how far Avila has come.</p>

<p>As a youth growing up in Compton, Calif., a city notorious for its high crime rate and rampant gang activity, Avila had friends with gang ties and was “teetering,” he says, on the edge of that lifestyle. But it was education and a drive to make something of himself that ultimately pulled him away. The turning point was when he hit the ninth grade and decided to take stock of what his life would be like if he didn't make a change.  --  <a title="Seattle University - News &amp; events - Featured stories" href="http://www.seattleu.edu/home/news_events/magazine/details.asp?elItemID=MAG_1156">Seattle University - News &amp; events - Featured stories</a></p>]]></description>
         <link>http://www.votelaw.com/blog/archives/005815.html</link>
         <guid>http://www.votelaw.com/blog/archives/005815.html</guid>
         <category>Other</category>
         <pubDate>Fri, 16 May 2008 08:14:13 -0600</pubDate>
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         <title>Arizona: citizenship process operating too slowly to allow voting this fall</title>
         <description><![CDATA[<p><strong>AP reports:</strong>  Although immigration officials in Phoenix are churning out record numbers of new U.S. citizens, critics say federal officials aren t working fast enough so many immigrants won t become citizens in time to vote in November.</p>

<p>The Phoenix office for Citizenship and Immigration Services plans to grant citizenship to 2,000 legal immigrants this month, more than twice the usual 800 for May.</p>

<p>Charles Harrell, acting district director of the CIS office in Phoenix, said the immigration service is responding to a surge of applications that poured in last year.</p>

<p>Citizenship applications spike every four years preceding a presidential election, but the record surge last year was triggered by various immigration-related factors, including a 70 percent fee increase that prompted thousands of immigrants to apply before the increase took effect Aug. 1.  --  <a title="" href="http://www.azstarnet.com/sn/hourlyupdate/239131.php">Feds coping with backlog for U.S. citizenship before election</a><br />
</p>]]></description>
         <link>http://www.votelaw.com/blog/archives/005814.html</link>
         <guid>http://www.votelaw.com/blog/archives/005814.html</guid>
         <category>Voter qualification</category>
         <pubDate>Fri, 16 May 2008 08:10:44 -0600</pubDate>
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         <title>New Hampshire: phone jamming case gets a going-over by the U.S. House Judiciary Committee</title>
         <description><![CDATA[<p><strong>New Hampshire Public Radio reports:</strong>  The phone jamming scandal from New Hampshire s 2002 election is now a contentious issue on Capitol Hill.</p>

<p>Democrats are investigating what they say was White House involvement in the incident while Republicans say Democrats are just fishing for headlines.</p>

<p>NHPR Correspondent Matt Laslo reports from Washington.  --  <a title="Phone Jamming Scandal Gets Hearing in US House | New Hampshire Public Radio" href="http://www.nhpr.org/node/16088">Phone Jamming Scandal Gets Hearing in US House | New Hampshire Public Radio</a><br />
</p>]]></description>
         <link>http://www.votelaw.com/blog/archives/005813.html</link>
         <guid>http://www.votelaw.com/blog/archives/005813.html</guid>
         <category>Campaigning</category>
         <pubDate>Fri, 16 May 2008 08:07:52 -0600</pubDate>
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         <title>Ohio: Kerry really won, says researcher</title>
         <description><![CDATA[<p><strong>John Q. Jacobs writes:</strong>  The 2004 Ohio Presidential voting results do not accurately reflect voter intentions. In Cuyahoga County, the election was flawed and the design appears to have been manipulated. At locations with several ballot orders in use, many votes were cast by voters crossing precincts, hence counted other than as intended. At precincts with the highest Kerry support, the percentage of uncounted votes is inexplicably high. The obvious inference—intentional manipulation produced  concentrated undercounting, cross-voting, and vote-switching in areas of highest Kerry support—cannot be ignored in the face of the evidence and statistics. The possibility that ballots were switched to different precincts, post-voting to effect vote-switching, must be considered in a complete chain of custody context.</p>

<p>Many individual ballots resulted in a vote-switch, a two-vote margin difference from the intended result. Switched-votes cast for Kerry and counted for Bush had twice the impact as their actual occurrence, by each subtracting one from Kerry and adding one to Bush. Bush and Kerry votes also went uncounted as non-votes or were miscounted as minor candidate votes. A high percentage of all Cuyahoga County votes were cast at locations with multiple ballot orders. The manner in which precincts and ballot orders were combined increased the probability of a Kerry cross-vote being recorded as a Bush vote. Quantitative analyses of candidate votes and of non-vote percentages evidence the cross-voting and the patterns of cross-voting and vote-switching.  --  <a title="How Kerry Votes Were Switched to Bush Votes." href="http://jqjacobs.net/politics/ohio.html">How Kerry Votes Were Switched to Bush Votes.</a><br />
</p>]]></description>
         <link>http://www.votelaw.com/blog/archives/005812.html</link>
         <guid>http://www.votelaw.com/blog/archives/005812.html</guid>
         <category>Voting machines</category>
         <pubDate>Thu, 15 May 2008 08:17:02 -0600</pubDate>
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         <title>Presidential campaigns seek to restrict money to 527&apos;s</title>
         <description><![CDATA[<p><strong>The Washington Post reports:</strong>  Sen. Barack Obama's top fundraisers have asked his campaign donors to refrain from contributing to liberal independent political organizations in hopes of controlling the tone and message of the general-election campaign.</p>

<p>At a meeting in Indianapolis on May 2, members of the Democratic front-runner's finance committee made it clear Obama (Ill.) is worried that overtly negative advertising from outside organizations could undermine his themes of unity and hope.  ...</p>

<p>The meeting was only the most overt effort by Obama or Sen. John McCain (Ariz.), the presumptive Republican nominee, to freeze out "527" groups -- named after a provision in the tax code -- which are not allowed to openly support a candidate but have helped define recent elections through negative advertising.</p>

<p>The McCain campaign has been less organized than Obama's in its efforts to counter the groups, but the senator from Arizona has made clear his antipathy toward them -- without much effect.  --  <a title="Obama, McCain Aim to Curb '527s' - washingtonpost.com" href="http://www.washingtonpost.com/wp-dyn/content/article/2008/05/13/AR2008051302868.html">Obama, McCain Aim to Curb '527s' - washingtonpost.com</a><br />
</p>]]></description>
         <link>http://www.votelaw.com/blog/archives/005811.html</link>
         <guid>http://www.votelaw.com/blog/archives/005811.html</guid>
         <category>527 groups</category>
         <pubDate>Wed, 14 May 2008 07:06:33 -0600</pubDate>
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         <title>&quot;How Will Clinton Resolve Campaign Debt?&quot;</title>
         <description><![CDATA[<p><strong>Peter Overby on NPR reports on ways to pay the debt:</strong>  Democratic presidential candidate Hillary Clinton was some $10 million in debt at the end of March. Then she loaned her campaign $11 million. The campaign won't say what her total debt is. How might Clinton go about paying off some of the bills?  --  <a title="How Will Clinton Resolve Campaign Debt? : NPR" href="http://www.npr.org/templates/story/story.php?storyId=90425733">How Will Clinton Resolve Campaign Debt? : NPR</a><br />
</p>]]></description>
         <link>http://www.votelaw.com/blog/archives/005810.html</link>
         <guid>http://www.votelaw.com/blog/archives/005810.html</guid>
         <category>Campaign finance</category>
         <pubDate>Wed, 14 May 2008 06:59:56 -0600</pubDate>
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         <title>Michigan: Feiger paralegal says FBI bullied her</title>
         <description><![CDATA[<p><strong>The Detroit Free Press reports:</strong>  A paralegal testified today that the FBI agent in charge of the criminal probe against Southfield lawyer Geoffrey Fieger tried to bully her when he questioned her about contributions she made at Fieger’s behest to John Edwards’ 2004 presidential campaign.</p>

<p>Under cross-examination by Fieger defense lawyer Gerry Spence, SueEllen Sandner said she was so disgusted with the way FBI agent Jeffrey Rees treated her, she refused Monday to meet with a federal prosecutor in advance of today's testimony if Rees would be there.</p>

<p>“He was fairly aggressive with me when I didn’t say the words he wanted me to say,” Sandner said of her first conversation with Rees in December 2005. He called her shortly after agents raided Fieger’s law firm looking for evidence that Fieger and law partner Vernon (Ven) Johnson recruited 64 people to contribute to Edwards’ 2004 presidential campaign and reimbursed them with law firm funds.</p>

<p>Defense lawyers have conceded that Fieger and Johnson reimbursed employees for contributing, but that the pair didn’t think they were breaking the law. Their lawyers have focused on federal investigative tactics.  --  <a href="http://www.freep.com/apps/pbcs.dll/article?AID=/20080513/NEWS01/80513065/1003/NEWS01">Paralegal: FBI agent tried to bully me in Fieger case</a><br />
</p>]]></description>
         <link>http://www.votelaw.com/blog/archives/005809.html</link>
         <guid>http://www.votelaw.com/blog/archives/005809.html</guid>
         <category>Campaign finance</category>
         <pubDate>Tue, 13 May 2008 19:03:02 -0600</pubDate>
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         <title>Companies beginning to disclose lobbying expenses</title>
         <description><![CDATA[<p><strong>The Washington Post reports:</strong>  Ever wonder how much companies really spend to influence government through trade associations? Well, a few corporations are coming clean, or at least cleaner.</p>

<p>The Center for Political Accountability, a nonpartisan group that promotes corporate political disclosure, has been gradually persuading companies to disclose more about their political activities. As a result, a few mysteries have been solved.</p>

<p>In 2006, for example, Chevron, the oil company, paid the U.S. Chamber of Commerce and the Business Industry PAC  BIPAC  $250,000 each to educate voters. Such spending has traditionally been kept secret because laws do not require disclosure, even though it is an important element in the assault on Washington. Now, shareholder pressure has changed a few minds in corporate boardrooms.</p>

<p>Aetna, the insurance company, has disclosed that it paid trade associations $3.4 million in 2006, the latest year for which information is available. That included $950,000 to America s Health Insurance Plans, $925,000 to the Coalition for Affordable Quality Healthcare, $226,500 to the Business Roundtable and $100,000 to the U.S. Chamber of Commerce. In other words, a ton of dough.  --  <a title="Jeffrey H. Birnbaum - Companies Start to Lift Veil on Political Spending - washingtonpost.com" href="http://www.washingtonpost.com/wp-dyn/content/article/2008/05/12/AR2008051202521.html">Jeffrey H. Birnbaum - Companies Start to Lift Veil on Political Spending - washingtonpost.com</a><br />
</p>]]></description>
         <link>http://www.votelaw.com/blog/archives/005808.html</link>
         <guid>http://www.votelaw.com/blog/archives/005808.html</guid>
         <category>Lobbying</category>
         <pubDate>Tue, 13 May 2008 08:06:48 -0600</pubDate>
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         <title>&quot;Street money&quot;</title>
         <description><![CDATA[<p><strong>The New York Times reports:</strong>  In the threadbare border towns of South Texas, one of the country’s poorest regions, enterprising locals like Candelaria Espinoza have long been paid to round up votes for candidates on Election Day. There is even a name for these electoral soldiers of fortune: politiqueras.  ...</p>

<p>The payments, known in the political vernacular as “street money,” are a legal but controversial tool that Mrs. Clinton employed at a time when she was desperately seeking a victory after losing 10 consecutive contests to Mr. Obama.</p>

<p>As a practical matter, the payments are now little more than a footnote to a hotly contested race that seems closer to a conclusion after Mrs. Clinton’s poor showing in North Carolina and narrow victory in Indiana last Tuesday. But they underscore how her strategists, caught unprepared for a drawn-out battle, turned to an old-style method of retail politicking to ensure much-needed victories in the suddenly critical Texas and Ohio primaries.</p>

<p>Not equipped with the volunteer-driven grass-roots movement that has propelled Mr. Obama’s get-out-the-vote efforts, the Clinton campaign hired more than three times as many local operatives as he to fill that role in those two states. While mostly forgoing the use of street money in Ohio and other places, the Obama campaign paid about 150 people in Texas, most of them college students, for campaign work. The payments were widely dispersed, with only a handful in South Texas and fewer than 20 in Houston.  --  <a href="http://www.nytimes.com/2008/05/13/us/politics/13streetcash.html?partner=rssuserland&emc=rss&pagewanted=all">Legal but Controversial, It Helped Get Out the Vote</a><br />
</p>]]></description>
         <link>http://www.votelaw.com/blog/archives/005807.html</link>
         <guid>http://www.votelaw.com/blog/archives/005807.html</guid>
         <category>Campaigning</category>
         <pubDate>Tue, 13 May 2008 07:58:37 -0600</pubDate>
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         <title>Texas: LULAC sues Texas Democratic Party over lack of Sec. 5 preclarance for &quot;Texas two-step&quot; (updated with court docs attached)</title>
         <description><![CDATA[<p><strong>AP reports:</strong>  The Texas Democratic Party was sued Friday by Latino advocacy groups that contend the complicated primary and caucus system used in the March 4 presidential primary unfairly diluted Latino votes.</p>

<p>The League of United Latin American Citizens of Texas and the Mexican American Bar Association of Houston sued in federal court, arguing the party failed to seek clearance required by the U.S. Justice Department for the so-called  Texas Two Step.  The groups also argue the system effectively discriminates against Latino voters by giving them fewer delegates.</p>

<p>Texas Democrats distribute the state s 193 delegates using both a primary election and a caucus, but the distribution favors state Senate districts that had high voter turnout in the last presidential and gubernatorial elections.</p>

<p>In the March 4 election, that meant predominantly Hispanic districts, where turnout was low in 2004 and 2006, got fewer delegates than others, particularly urban, predominantly black districts. Latino districts favored Hillary Clinton; black districts favored Barack Obama.  --  <a title="LULAC sued Texas Democratic Party over primary delegates - El Paso Times" href="http://www.elpasotimes.com/ci_9208303">LULAC sued Texas Democratic Party over primary delegates - El Paso Times</a></p>

<p><strong>Note:</strong>  <strike>If anyone has a copy of the complaint, email it to me.</strike> The complaint may be <a href="http://www.votelaw.com/blog/blogdocs/P%27s%20Original%20Complaint.pdf">downloaded here.</a>  Thanks to Jose Garza for responding to my request.<br />
</p>]]></description>
         <link>http://www.votelaw.com/blog/archives/005800.html</link>
         <guid>http://www.votelaw.com/blog/archives/005800.html</guid>
         <category>Voting Rights Act</category>
         <pubDate>Mon, 12 May 2008 15:10:00 -0600</pubDate>
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