- The submission of a proposed public measure or actual statute to a direct popular vote.
- Such a vote.
- A note from a diplomat to the diplomat's government requesting instructions.
[Latin, neuter gerundive of referre, to refer. See refer.]
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[Latin, neuter gerundive of referre, to refer. See refer.]
Speculation is rife about how the French nation's repudiation of the EU constitution will affect the political fortunes of President Jacques Chirac. Before the vote,
"Mr. Chirac had vowed not to change his government if the referendum failed, saying it was 'neither a plebiscite nor a moment of political change.'"
Either way, the rejection could signal a halt to European expansion and unification.
Link: French Voters Soundly Reject European Union Constitution
Posted May 31, 2005.
See our Word Overheard blog to see interesting uses of strange words.
A mechanism which allows voters to make a choice between alternative courses of action on a particular issue. The result of the referendum may then be embodied in the particular state's constitution; it may be mandatory before an international treaty can be signed; it may serve as the equivalent of legislation; it may be necessary before public funds can be raised for a particular purpose; or it may simply be advisory. In some countries, such as Britain, the referendum has been effectively limited to big constitutional issues. In countries or states where there is more extensive use of the referendum, it is usual for a referendum question to be placed before the electorate if a given number or percentage of signatures can be obtained from electors in a specified time period, although there may also be provision for a referendum initiated by the head of government (as in France) or the legislature. Polities which make extensive use of the referendum such as Switzerland, or the state of California, encounter a number of difficulties. The ability of governments and legislatures to pursue coherent policies is weakened. Political parties become less important as mechanisms for developing policy options. Voters find it difficult to decide on complex issues, and may rely on politicians or the media to guide their choice, or use the referendum to make a general protest against current government policy. Too frequent use of the referendum may lead to ‘voter fatigue’ with declining turnout. Nevertheless, electors in those countries which use the referendum are generally reluctant to discard it. It can be defended as a means of ensuring that politicians do not lose touch with the preferences of the electorate.
— Wyn Grant
A referendum is a provision permitting voters to accept or reject a public policy measure or policy question at a formal election. Its particulars vary from state to state: it may be binding or advisory, constitutional or legislative, and have local or statewide application; it may deal with amendments to state constitutions and city charters, statutes, and ordinances, or the financing of schools and public works projects through taxation or bonded indebtedness. In some states, the process can be set in motion only by the state legislatures; in others, it can be activated by voter-generated petition.
Although some scholars trace the referendum's modern beginnings back to Switzerland or to colonial New England, others locate its specific origins in the Massachusetts state constitution of 1780, which limited its application to the ratification of either new constitutions or amendments to existing ones. During the 1840s, Texas became the first state to permit the submission of proposed statutes, but the movement did not gain much momentum until the Populists and other agrarian radicals advocated it during the last decade of the century. With the onset of the Progressive Era in the late 1890s, the referendum, in common with the initiative, recall, primary elections, direct election of U.S. senators, and woman's suffrage, became a vital component of "direct democracy" or "power to the people" movement that swept the nation. Initiative and referendum together constituted the "direct legislation" segment of that movement, inspired by the growing belief that city councils and state legislatures—once considered the most representative of all branches of government—had become virtual tools of corrupt corporate and partisan interests. They could no longer be relied upon to enact legislation on behalf of general welfare, nor could they be prevented from passing laws that blatantly betrayed the public's trust in favor of special interests. One part of the putative solution—initiative—was designed to allow the general public to force popular measures upon legislature. The second component—referendum—was crafted to permit voters to undo pernicious work by legislature, as well as to demonstrate widespread support for progressive measures. Spearheaded by South Dakota in 1898, some twenty states adopted the referendum over the next two decades.
Despite its widespread adoption, the referendum has generally failed to justify the optimistic predictions of its Progressive Era proponents. Referenda have been used by legislators to postpone or prevent the enactment of legislation; they have functioned as "buck-passing" safety valves for lawmakers caught between two powerful pressure groups or between the competing demands of special interests and the general welfare. The precipitous decline in political participation in general has all but obviated the "democratic" nature of referenda, frequently reducing them to contests between two cohorts of special interest groups. The increasing reliance upon television, the Internet, and other forms of mass communication have greatly increased the cost of referendum campaigns, to the obvious advantage of those with "deep pockets." This has also tended to turn complex policy questions into simplistic slogans or sound bytes. The escalating revolt against "big government" has greatly exacerbated what has always been the conventional wisdom regarding referenda: if you do not understand the issue or suspect that it will raise your taxes vote NO! After thoroughly analyzing the operation of the referendum in California over the past century, political historian John M. Allswang has pessimistically concluded that "somewhere along the way direct legislation moved well beyond its original intent, to the point where it has overwhelmed the governing processes it was designed to monitor, to become in effect a 'fourth branch' of state government."
Bibliography
Allswang, John M. The Initiative and Referendum in California, 1898–1998. Stanford, Calif.: Stanford University Press, 1999.
Munro, William B., ed. The Initiative, Referendum, and Recall. New York: Appleton, 1912.
The right reserved to the people to approve or reject an act of the legislature, or the right of the people to approve or reject legislation that has been referred to them by the legislature.
The referendum power is created by state constitutions and is conferred on the citizens of a state or a local subdivision of the state. Referendum provides the people with a means of expressing their opinion on proposed legislation before it becomes operative as a law. The power of referendum does not permit the people to invalidate a law that is already operative but suspends or annuls a law that has not yet gone into effect. In this sense, referendum is similar to a governor's veto power. Also, by referendum the people may reinstate an act that the legislature has expressly repealed.
The referendum, along with the initiative, are the two forms of direct legislation adopted by many states during the direct democracy movement of the early twentieth century. Referendum allows the people to state their opinion on laws that have been enacted by the legislature, and the initiative allows the people to propose their own laws. Thus, in the states that have adopted the initiative and referendum, the people essentially form another branch of the legislature, having the ability both to enact laws and to overturn laws passed by the elected legislature but not yet in effect. An initiative or a referendum passed by the people has the same force and effect as any act of the legislature. A referendum may be challenged on constitutional grounds, on grounds that proper procedures were not followed in the referendum process and election, or on grounds that the referendum or initiative was outside the scope of authority granted by the state constitution. Also, in some states the governor may veto an initiative or referendum.
The general initiative and referendum were first adopted in the United States in South Dakota in 1898, and many states soon followed. The movement toward direct legislation did not grow from a desire of the people to exercise the legislative function directly. Rather, many people distrusted their legislative bodies, believing that large corporations and powerful groups of individuals were corrupting legislation. The power of referendum made most legislation subject to the will of the people.
The referendum power is derived solely from a state's constitution and applies to that state's laws; people do not have the right to challenge federal legislation by referendum. The right of referendum and the procedure to be followed in exercising the referendum right are set forth in the state's constitution and statutes. The referendum process is essentially the same in every state. First, there must be a petition for referendum that states, among other things, the title and nature of the legislative act the petition seeks to have submitted for referendum. The petition is then circulated for signatures. Generally, anyone eligible to vote may sign a petition for referendum, even if he or she is not registered to vote. When the required number of signatures is collected, the petition is filed. If the petition is certified as sufficient, the referendum measure is placed on the election ballot for approval or rejection by the people. If the required number of votes, usually a majority of the votes cast, are in favor of the referendum, it passes. Usually, the people vote on a referendum measure during the general election, but special referendum elections also may be held.
In some states there is no limit on the referendum power, and any law may be challenged by referendum. In many states, however, the constitution creates exceptions to the referendum power for certain types of legislation. Commonly, constitutional provisions regarding referendums create an exception for laws necessary for the support of the state government and state or public institutions, because a referendum on any such measure might cause a branch of the government to cease to function. This exception applies mainly to tax and appropriation measures. Also, most states create an exception to the referendum power for laws necessary for the immediate preservation of the public peace, health, or safety, thereby allowing the legislature to exercise the police power unimpaired. Finally, measures declared by the legislature to be emergency measures are usually not subject to referendum.
A direct popular vote on an issue of public policy, such as a proposed amendment to a state constitution or a proposed law. Referendums, which allow the general population to participate in policymaking, are not used at the national level, but are common at the state and local levels. A referendum is often used to gauge popular approval or rejection of laws recently passed or under consideration by a state legislature. A referendum can also be used to initiate legislative action.
n.
A law for submission of proposed legislation to a popular vote to learn the nonsensus of public opinion.
The citizens will have a chance to change the policy in a referendum.
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A referendum (plural referendums or referenda), ballot question, or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may be the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. The referendum or plebiscite is a form of direct democracy.
Referendums and referenda are both commonly used as plurals of referendum. However, the use of referenda is deprecated by the Oxford English Dictionary which advises that:
In a first classification by necessity, a referendum may be mandatory, that is, the law (usually the constitution) directs authorities to holding referendums on specific matters (such is the case in amending most constitutions, or impeaching heads of state as well as ratifying international treaties) and are usually binding. A referendum can also be facultative, that is it can be initiated at the will of a public authority (President of the Republic in France and Romania or the Government/Parliament in Greece or Spain) or at the will of the citizens (a petition). It can be binding or non-binding.
A foundational referendum or plebiscite may be drafted by a constituent assembly before being put to voters. In other circumstances a referendum is usually initiated either by a legislature or by citizens themselves by means of a petition. The process of initiating a referendum by petition is known as the popular or citizen's initiative. In the United States the term referendum is often reserved for a direct vote initiated by a legislature while a vote originating in a petition of citizens is referred to as an "initiative", "ballot measure" or "proposition."
In countries in which a referendum must be initiated by parliament it is sometimes mandatory to hold a binding referendum on certain proposals, such as constitutional amendments. In countries, such as the United Kingdom, in which referendums are neither mandatory nor binding there may, nonetheless, exist an unwritten convention that certain important constitutional changes will be put to a referendum and that the result will be respected.
By nature of their effects, referendums may be either binding or non-binding. A non-binding referendum is merely consultative or advisory. It is left to the government or legislature to interpret the results of a non-binding referendum and it may even choose to ignore them. This is particularly the case in states which follow Westminster conventions of parliamentary sovereignty. In New Zealand, for example, citizen-initiated referendum (CIR) questions are broad statements of intent, not detailed laws. Following a referendum vote, parliament itself has the sole power to draft, debate and pass enabling legislation if it so chooses, and thus far, New Zealand governments have chosen to ignore completely two of the three proposals which have succeeded in forcing a vote since the CIR device was created in 1993. The third, a series of proposals about criminal justice, prompted some minor reforms only; it too was largely ignored. This -as was recently argued by Matt Qvortrup in his much cited 'Supply-side Politics (Centre for Policy Studies 2007)- has led to a disuse of the New Zealand device. However, a majority of 77 percent of the voters according to the New Zealand Election Study believe that the citizen initiated referendum make the politicians more accountable. Moreover trust in politicians has grown by almost 20 percent since the introduction of the device. In most referendums it is sufficient for a measure to be approved by a simple majority of voters in order for it to be carried. However, a referendum may also require the support of a super-majority, such as two-thirds of votes cast. In Lithuania certain proposals must be endorsed by a three-quarters majority (among them, any proposal to amend article 148 of the Lithuanian Constitution, which states, "Lithuania is an independent and democratic republic").
In some countries, including Italy, there is also a requirement that there be a certain minimum turn-out of the electorate in order for the result of a referendum to be considered valid. This is intended to ensure that the result is representative of the will of the electorate and is analogous to the quorum required in a committee or legislature.
The franchise in a referendum is not necessarily the same as that for elections. For example, in the Republic of Ireland only citizens may vote in a referendum whereas all European Union citizens resident in the state are entitled to vote in general elections.
Approval in a referendum is necessary in order to amend the Australian constitution. A bill must first be passed by both houses of Parliament or, in certain limited circumstances, by only one house of Parliament, and is then submitted to a referendum. If a majority of those voting, as well as separate majorities in each of a majority of states, (and where appropriate a majority of people in any affected state) vote in favour of the amendment, it is presented for Royal Assent, given in the Queen's name by the Governor-General. Out of the 44 referendums held since federation in 1901, only eight have been passed, making the Australian referendum system one of the most restrictive in the developed world. Due to the specific mention of referendums in the Australian constitution, non-constitutional referendums are usually termed plebiscites in Australia.
Referendums are rare in Canada and only three have ever occurred at the federal level. The most recent was a referendum in 1992 on a package of proposed constitutional measures known as the Charlottetown Accord. Although the Constitution of Canada does not expressly require that amendments be approved by referendum, some argue that, in light of the precedent set by the Charlottetown Accord referendum, this may have become an unwritten convention. Referendums can also occur at the provincial level. The 1980 Quebec referendum and 1995 Quebec referendum on the secession of Québec are notable cases. In October of 2007, the province of Ontario voted on a mixed-member proportional representation electoral system.
There have been three plebiscites and one "consultation" in Chilean history. In 1925, a plebiscite was held over a new constitution which would replace a semi-parliamentary system with a presidential one. The "Yes" vote won overwhelmingly, with 95% of the vote. In 1978, after the United Nations protested against Pinochet's régime, the country's military government held a national consultation which asked if people supported Pinochet's rule. The "Yes" vote won with 78.6%, although the results have been questioned. Another constitutional plebiscite was held in 1980. The "derp" won with 68.5%, prolonging Pinochet's term until 1989 and replacing the 1925 Constitution with a new one still used today. The results of this plebiscite have also been questioned by Pinochet's opponents. In a historical plebiscite held in 1988, 56% voted to end the military régime. The next year, yet another plebiscite was held for constitutional changes for the transition to a democratic government (the "Yes" vote won with 91%). There have been several referendums in individual municipalities in Chile since the return to civilian rule in 1990. A referendum which took place on 2006 in Las Condes over the construction of a mall was noteworthy for being the first instance in Chilean history where electronic voting machines were used.
The Treaty establishing a Constitution for Europe was rejected in France and Netherlands in popular referendums. Popular referendums in support of the Treaty were held in Spain and Luxembourg. Sixteen other states approved the Treaty by parliamentary vote only. Seven states had not ratified the Treaty, but of those only three, Denmark, Ireland and the United Kingdom, had committed to hold referendums. The Treaty has both been rejected by proponents of national sovereignty and by the left-wing liberal anti-globalisation movement in France.
The current Constitution of Iraq was approved by referendum on 15 October 2005, two years after the United States-led invasion. The constitution was designed to shift crucial decisions about government, the judiciary and human rights to a future national assembly. It was later modified to provide for the establishment of a committee by the parliament to be elected in December of 2005 to consider changes to the constitution in 2006.
The current Constitution of Ireland was adopted by plebiscite on 1 July, 1937. In the Republic of Ireland every constitutional amendment must be approved by referendum; since 1937, more than twenty constitutional referendums have occurred. Constitutional amendments are first adopted by both Houses of the Oireachtas (parliament), submitted to a referendum, and are signed into law by the President. The role of the president, however, is merely ceremonial: she cannot refuse to sign into law an amendment that has been approved in a referendum. The constitution also provides for a referendum on an ordinary law, known as an 'ordinary referendum'. Such a referendum can only take place under special circumstances, and none have yet occurred. The closest referendum result was 1995's vote to legalise divorce - 50.3% voted "Yes" (to legalise divorce) and 49.7% voted "No."
The constitution of Italy provides for two kinds of binding referendum: A legislative referendum can be called in order to abrogate totally or partially a law, but only at the request of 500,000 electors or five regional councils. This kind of referendum is valid only if at least a majority of electors goes to the polling station. It is forbidden to call a referendum regarding financial laws or laws relating to pardons or the ratification of international treaties. A constitutional referendum can be called in order to approve a constitutional law or amendment only when it has been approved by the Chambers (Chamber of Deputies and Senate of the Republic) with a majority of less than two thirds in both or either Chamber, and only at the request of one fifth of the members of either Chamber, or 500,000 electors or five regional councils. A constitutional referendum is valid no matter how many electors go to the polling station. Any citizen entitled to vote in an election to the Chamber of Deputies may participate in a referendum.
New Zealand has two types of referendum. Government referendum are predominantly either on constitutional issues or on alcohol policy (although this has been phased out). There are issues on other issues however. Furthermore, constitutional issues, such as the establishment of the Supreme Court of New Zealand, need not be done through referendum. New Zealand also has provisions for Citizens' Initiated Referendum, although these are non-binding.
Under the Romanian Constitution of 1991, revised in 2003, there are three situations in which referendums can be held. Art 90 of the constitution establishes a facultative and non-binding referendum which the President can initiate on matters of principle. Art 95 of the Constitution establishes a mandatory and binding referendum for the impeachement of the President in case he is deemed guilty of disobeying the Constitution. Art 151 of the Constitution also establishes a mandatory and binding referendum on approving Constitutional amendments. This last provision has been used twice, in adopting the Romanian Constitution in 1991 and amending it 2003.
The Constitution of the Republic of Serbia was adopted on a referendum held in 28-29 October 2006. The constitutional referendum passed with 3,521,724 voting a 53.04% majority. 3,645,517 or 54.91% voted on the referendum, which made it legitimate.
The Constitution of Sweden provides for both binding and non-binding referendums.[citation needed] Since the introduction of parliamentary democracy six referendums have been held in Sweden: the first was on prohibition in 1922 and the most recent on euro membership in 2003. All have been non-binding, consultative referendums. Two, in 1957 and 1980, were multiple choice referendums.
In Switzerland, there are binding referendums at federal, cantonal and municipal level. They are a central feature of Swiss political life. There are two types of referendums:
The possibility of facultative referendums forces the parliament to search for a compromise between the major interest groups. In many cases, the mere threat of a facultative referendum or of an initiative is enough to make the parliament adjust a law.
The referendums are said, by their adversaries, to slow politics down. On the other hand empirical scientists, e.g. Bruno S. Frey among many, show that this and other instruments of citizens' participation, direct democracy, contribute to stability and happiness.
The votes on referendums are always held on a Sunday, typically three or four times a year, and in most cases, the votes concern several referendums at the same time, often at different political levels (federal, cantonal, municipal). Elections are as well often combined with referendums. However, the percentage of voters is generally very low, about 20 to 30 percent unless there is an election. The decisions made in referendums tend to be conservative. Citizens' initiatives are usually not passed. Even referendums on tax cuts are often not passed. The federal rule and referendums have been used in Switzerland since 1848.
Owing to the doctrine of parliamentary sovereignty a binding referendum cannot be held in the United Kingdom (UK). Referendums are rare and only once has a referendum proposal been put to the entire electorate of the UK; this was a referendum in 1975 on continued membership of the European Economic Community. However many referendums have been held in individual parts of the United Kingdom on issues relating to devolution in Scotland and Wales, and the status of Northern Ireland. There have also been referendums held at the local level on proposals for directly elected local mayors. In 2004 the British government committed to holding a UK-wide referendum on the new EU Constitution, which was postponed in 2005 due to the French and Dutch rejection of the European Constitution. Referendums have also been proposed on the plan to adopt the euro as the UK's currency and whether to change from the 'First Past the Post' system to an alternative electoral system, such as proportional representation. In addition, under the 1972 Local Government Act, there is a little-known provision under which non-binding local referendums on any issue can be called by small groups of voters.
In the United States, the term "referendum" typically refers to a popular vote to overturn legislation already passed at the state or local levels (mainly in the western United States). By contrast, "initiatives" and "legislative referrals" consist of newly drafted legislation submitted directly to a popular vote as an alternative to adoption by a legislature. Collectively, referenda and initiatives in the United States are commonly referred to as ballot measures, initiatives or propositions.
There is no provision for the holding of referenda at the federal level in the United States. However, the constitutions of 24 states (principally in the West) and many local and city governments provide for referenda and citizen's initiatives. The most famous U.S. state initiative is probably California's Proposition 13 which severely limited property tax increases. They are especially popular in modifying state constitutions.
A referendum usually offers the electorate only two choices, either to accept or reject a proposal, but this need not necessarily be the case. In Switzerland, for example, multiple choice referendums are common; two multiple choice referendums held in Sweden, in 1957 and 1980, offered voters a choice of three options; and in 1977 a referendum held in Australia to determine a new national anthem was held in which voters were presented with four choices.
A multiple choice referendum poses the problem of how the result is to be determined if no single option receives the support of an absolute majority (i.e., more than half) of voters. This can be resolved by applying voting systems designed for single winner elections to a multiple-choice referendum.
Swiss referendums get around this problem by offering a separate vote on each of the multiple options as well as an additional decision about which of the multiple options should be preferred. In the Swedish case, in both referendums the 'winning' option was chosen by the Single Member Plurality ("first past the post") system. In other words the winning option was deemed to be that supported by a plurality, rather than an absolute majority, of voters. In the 1977 Australian referendum the winner was chosen by the system of Instant Run-off Voting (also known as the 'Alternative Vote').
Some groups, such as the Northern Ireland De Borda Institute, advocate the conduct of referendums using the Borda count form of preferential voting, and refer to such a vote as a Borda 'preferendum'. The De Borda Institute argues that the Borda count would produce results based on consensus rather than majoritarianism; it is therefore suggested for use in plebiscites held in areas of conflict such as Northern Ireland, the Balkans or Kashmir. Critics of the Borda count argue that it is particularly susceptible to tactical voting and to the tactical nomination of candidates, and that it may produce results that are opposed by a majority of voters. Other voting methods that could be employed are Condorcet's Method and approval voting that are not subject to the effects of irrelevant alternatives and less susceptible to insincere preference intensity.
Eleanor Roosevelt et al. wrote after the Nazi- Holocaust, WWII a Human Rights Declaration, passed into Law 10.12.1948, where Direct Democracy (Referendum) is part of. See: Article 21: "1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives."
Although some advocates of direct democracy would have the referendum become the dominant institution of government, in practice and in principle, in almost all cases, the referendum exists solely as a complement to the system of representative democracy, in which most major decisions are made by an elected legislature. An often cited exception is the Swiss canton of Glaris, in which meetings are held on the village lawn to decide on matters of public concern. In most jurisdictions that practice them, referendums are relatively rare occurrences and are restricted to important issues.
Advocates of the referendum argue that certain decisions are best taken out of the hands of representatives and determined directly by the people. Some adopt a strict definition of democracy, saying elected parliaments are a necessary expedient to make governance possible in the large, modern nation-state, though direct democracy is nonetheless preferable and the referendum takes precedence over Parliamentary decisions.
Other advocates insist that the principle of popular sovereignty demands that certain foundational questions, such as the adoption or amendment of a constitution, the secession of a state or the altering of national boundaries, be determined with the directly expressed consent of the people.
Advocates of representative democracy say referendums are used by politicians to avoid making difficult or controversial decisions.
Critics of the referendum argue that voters in a referendum are more likely driven by transient whims than careful deliberation, or that they are not sufficiently informed to make decisions on complicated or technical issues. Voters might furthermore be swayed by strong personalities, or the adverse influence of propaganda or expensive advertising campaigns. James Madison argued that direct democracy is the "tyranny of the majority."
Some opposition to the referendum has arisen from its use by dictators such as Hitler
and
British politician Chris Patten summarized many of the arguments used by those who oppose the referendum in an interview in 2003 when discussing the possibility of a referendum in the United Kingdom on the European Union Constitution:
A further perceived flaw of the referendum is that in some circumstances the democratic spirit of the referendum may be flouted by the repeated submission to the referendum of a proposal until it is eventually endorsed, perhaps due to a low turn-out or public fatigue with the issue. This is especially a problem where a proposal may be difficult to reverse, such as secession from a larger country or the abolition of a monarchy. The repeated holding of a referendum on a single issue has been pejoratively referred to as the phenomenon of the "never-end-um".
Some critics of the referendum attack the use of closed questions. A difficulty which can plague a referendum of two issues or more is called the separability problem. If one issue is in fact, or in perception, related to another on the ballot, the imposed simultaneous voting of first preference on each issue can result in an outcome that is displeasing to most.
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Dansk (Danish)
n. - folkeafstemning
Français (French)
n. - référendum
Deutsch (German)
n. - Volksentscheid, Referendum
Ελληνική (Greek)
n. - δημοψήφισμα
Português (Portuguese)
n. - referendo (m)
Español (Spanish)
n. - referéndum, plebiscito
Svenska (Swedish)
n. - folkomröstning
中文(简体) (Chinese (Simplified))
公民投票, 请示书
中文(繁體) (Chinese (Traditional))
n. - 公民投票, 請示書
العربيه (Arabic)
(الاسم) استفتاء, المذكرة الاستعلاميه
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