out and vote. you still have time. you still have tonight and tomorrow. so please, please vote. every vote counts. this is a democracy. i'm wolf blitzer in "the situation room." thanks very much for watching. erin burnett "outfront" starts right now. "outfront" next, this is it. we are hours away from election day. trump and biden vying for every last vote. right now on your screen you see pictures of trump in traverse city, michigan campaigning into the night tonight. the nation on edge. the president predicting a silent majority will help him win another four years in the white house. is there something to that? and a major setback for republicans tonight. a federal judge refusing to throw out 127,000 votes in texas. former texas congressman beto o'rourke is my guest. let's go out front. and good evening. i'm erin burnett.

out front tonight, the final frenzy. we are down to the final hours of an election like we've never before seen in this country. in just 24 hours polls will be closing in several battleground states. it'll be our first early glimpse of where this historic race could be headed. and now this is it. the candidates, their running mates, their surrogates are fanned out right now across this nation. a country that is on edge tonight. and both sides are so incredibly nervous. making their final push to get people to the polls. joe biden is about to hold a second event tonight in pittsburgh, peb pen. president trump is speaking in trafrls city, michigan. that is his third stop of the day. and it is an extraordinary moment in history. nearly 100 million americans have already soeted. a record. and now it all comes down to turnout tomorrow. we could be looking when you look at the percentage of our population at the greatest turnout of all time or the greatest in 150-some years. m.j. lee is with joe biden

tonight. and i want to go to you, m.j., in pittsburgh. what is biden's closing message in these final hours? >> reporter: well, erin, joe biden has been campaigning all day in western pennsylvania and tomorrow he will be in scranton and philadelphia. just a critical state. we are seeing him of course pull out all the stops. just earlier lady gaga making a surprise appearance on a college campus with the former vice president. and we are about to see her perform at a drive-in rally in pittsburgh. as for his closing message he is bringing it all back to here. scranton, pennsylvania, his birthplace, talking about his working-class roots and talking about people who he says cares about kindness, cares about decency. this is all an attempt to draw that contrast between himself and president trump, who he is describing as being somebody who is out of touch, who is divisive. and we heard biden say earlier today wall street did not build this country, working-class people did.

so very, very clear what kinds of people he is trying to get out to vote for him heading into tomorrow. and i should note of course that the pandemic was of course top of mind for the former vice president, talking about how the president has not had a plan to deal with this pandemic and how he would handle things differently. and a very dark warning we are hearing from biden, basically saying unless the president drastically changes course many more americans will die under his watch. erin? >> two starkly different messages on the pandemic right now. and we're going to be going to the trump campaign in just a moment. just having a little technical difficulties there on the ground, but we'll go there to our kaitlan collins in just a moment. i want to go now, though, to the magic wall where phil mattingly is tonight. so phil, the candidates, you know, we saw that, right? you have six boxes on the screen. they, their wives, they're everywhere. they're out. trying to get every single last vote.

when you look at where they chose to go today, what do their stops tell you about how they see their pathway to 270 electoral votes? >> the beauty of these final days of the campaign is it's pretty clear what they're looking at and what the data may be telling each campaign. where they're going is where they need votes. and where they're going over the course of this day, president trump hitting wisconsin, hitting michigan, hitting pennsylvania, hitting north carolina. the biden campaign over the course of the next couple days fanning across pennsylvania and the reason why is pretty simple. i'm showing you the 2016 map right now. while the trump campaign feels like perhaps they can dig into some democratic territory in the state of nevada, for the most part they are trying to defend and replicate to the best degree they can what they did back in 2016. so let's go to that map and show pathways. if the biden campaign wants to win and the easiest pathway to win, it's rebuild the blue wall. it's win the state of pennsylvania. it's win the state of michigan. it's win wisconsin. look at that. over 270 electoral votes. where was president trump over the course of this day? wisconsin, michigan,

pennsylvania. the big question now becomes what happens if president trump is able to reclaim one of those blue wall states he was able to take away from democrats back in 2016? that's where you see the biden campaign talk about other options they have that perhaps the clinton campaign didn't back in 2016. so say donald trump wins pennsylvania again. joe biden all of a sudden drops below. now say donald trump wins in wisconsin again or his campaign feels like they're picking up momentum right now. this is where the other key, kind of southeastern and sun belt states come into play for the biden campaign. all of a sudden they're looking at north carolina. that gets them close. add georgia in there and all of a sudden you're back over 270. if he loses north carolina? well, some combination of georgia and arizona gets him over 270. i think the bottom line we've been talking about for several weeks is the biden campaign feels like they have several options. there's no doubt their clearest option rebuild the blue wall. they feel like they have other opportunities. if donald trump is able to run the perfect straight again up here, the real question right now is these states are more comfortable in terms of polling for the biden campaign, these

are pure tossups almost across the board. >> it's pretty amazing, phil, everybody is afraid of whether to trust the polling because of what happened last time. there's just this innate fear out there on both sides. but both campaigns know pennsylvania is a must win. now, pennsylvania, this could be over before we know the results in pennsylvania because it's going to take days to know them. but if it comes down to pennsylvania we're not going to know for a while and we know the campaigns have put so much in there. 28 trips to the state since late august between the two campaigns. that is more stops than in other single state. so do we read something into that? that they see it possible that there is no clear direction to this thing for days and we're waiting on pennsylvania. >> i think if you talk to the biden campaign they still talk about having several different options. one key thing to remember, while we may not know the results of pennsylvania on election night and we likely won't, we will have data. we will have things to look at. and we tell you what you want to look at. let's pull up 2016 again because

this underscores why president trump was able to blow apart the blue wall. one key thing as you go from pennsylvania into the midwest, the states have similar dna. the states have similar demographics. what happens in pennsylvania will likely be a good tell for michigan and wisconsin too. not identical but similar. here's where you want to focus. hillary clinton back in 2016, contrary to some other states, did very well in the urban area of pennsylvania and pushing out into the suburbs. she also did very well in allegheny county and pittsburgh. based on those numbers, democrats were looking around thinking pennsylvania should be in the bag. here's why it wasn't. come up to these counties. in western pennsylvania where you see it's not a ton of vote up here but every single one of these counties, you flash back to 2012, 2,000, 3,000, 4,000 votes ahead of where mitt romney was in 2012. that happened throughout the western part of the state. turnout people didn't even think was possible. donald trump turned it out. you go up here to westmoreland county, donald trump had almost his entire margin in this county just outside of allegheny county. that is what the trump campaign is looking for.

and we will be able to look at some of those counties as they come in and look at margins. start to see where are things coming in. how do they compare wack to 2016? if you're the trump campaign you're looking for blowout turnout out here again and you're also looking right here. you have seen the biden campaign focus heavily on two real counties in northeast pennsylvania pf you've seen them focus on lackawanna, a county hillary clinton won in 2016 narrowly, a traditionally democratic county that is right started to swin toward republicans. and luzerne, a county obama won in 2012 that president trump blew out of the water. democrats don't necessarily believe democrats are going to flip luzerne back but they believe he can take down the margins and if take down the margins in sthat, in these counties where president trump blew out turnout back in 2016 then all of a sudden doing what they did in philadelphia in the outskirts and doing what they did in allegheny in 2016 that would be the recipe for victory, erin. >> all right. thank you very much, phil. let's go now to the lieutenant governor of pennsylvania, democrat john fetterman. lieutenant governor, when you

look at the numbers, 66% of the election votes, the pre-election votes so far in pennsylvania we understand have come from democrats. but trump's victory in 2016 was only 44,000 votes. very narrow, right? and you just heard phil highlighting the specific places it came from. do you think the president could pull out a win again this time? >> well, i've said this time and time again, both on interviews and on my personal social media, that you would never want to make the mistake of underestimating the popularity of the president. the picture from his rally in butler just a few days ago was enormous. and i don't believe that a campaign that can put together a rally of that magnitude in 12 to 18 hours having a 7% chance of carrying our state. i think it's much more xeef competitive and i say to people don't take my word for it. where are both campaigns spending their last final hours in our state? they clearly can afford whatever

polling that they want, and i think they know that it's competitive. >> so this morning your secretary of state said 2.4 million mail-in ballots have been returned in the state. your attorney general last night told me 3.1 million were mailed out. so do you think that 700,000 are in the mail somewhere? that's a huge number. again, i want to put it in the context of the 44,000-vote margin that trump won the state by in 2016. do you have any sense of those ballots, where they are, what's up with them right now? >> well, one of the things where i am concerned about and i was speaking about this over a month ago, was this idea that the republican side wants to foment chaos and create doubts in democrats' mind that they should use their mail-in ballot or they can trust it. and they might say i want to vote in person. and that would unfortunately jam up the lines. and if they don't bring the entirety of their package, then they would be forced to use a provisional ballot and that's a

much more complicated, time-consuming process in an era where the lines are going to already be record length. so that's the one area there that i am concerned about. so right now you have 24-hour drop-offs for ballots in certain counties where the density is high. so we're going to know much more. but as of right now there's roughly i would assume at least 500,000 ballots that are going to be outstanding by now. >> right. which as you say you're assuming a couple hundred thousand will go to drop boxes. that's a half million more people that could be in line tomorrow is what you're worried about who are not voting. >> yeah. there's two lanes for those ballots at this point. they don't get used or they end up in the garbage or they end up in the lines. and that could cause a problem. obviously we'd like to have seen 100% return rate. but i think we're going to come short on that. but my hope is we'll at least reach 90%. aw even at 90% you're still t k talking roughly 300,000. >> and again, i compare that to

the 44,000-vote margin last time. you're still at 6 times plus the margin at which trump won. just to understand why every single vote is so crucial here. so the secretary of state in your state is telling county boards of elections to count mail-in ballots that arrive up to three day after election day. that was your law. if you post-mark it before election day it counts for three days after. you -- >> that was the pennsylvania supreme court decision. >> right. yes. so that was your state supreme court decision. so the u.s. supreme court has declined to take it on for now, right? amy coney barrett wasn't a part of that. she said she hadn't had a chance to read in on it. there is an open question as to whether the u.s. supreme court will hear that case. i know you agreed to segregate the votes. but there is the possibility if this goes to the supreme court that those hundreds of thousands of votes that come in after election day that by your current law are valid could become invalid, correct? >> theoretically.

but i don't expect the number would be that high necessarily. i think you're going to see anyone that's retained those ballots -- interest and intensity is unparalleled. i fielded questions from folks sk saying they were going to get on a plane to fly to vote in person. my feeling is these folks, these outstanding ballots aren't going to mail them in at this point, they're going to either deliver them tonight at the 24-hour locations or they are going to vote in person, which as we talked about could lead to excessively long lines and waits for sure. >> well, of course we're all going to be waiting eagerly to hear what those numbers are. people turning them in tomorrow. i appreciate your time, lieutenant governor. a crucial story here to tell over the next few days. >> thank you so much. and next, former president obama tearing into president trump over his comments about race. >> he talks about black unemployment, says he's the best president for black folks since abe lincoln.

really? >> plus trump heading to michigan tonight. a state with average coronavirus cases up 200% from a month ago. that is a tripling. and yet the president now threatening to fire dr. anthony fauci. the governor of michigan responds tonight. and president trump counting on a huge turnout. extraordinary turnout. will he get it? an expert who has studied and knows voter turnout. that is his entire expertise. in and out. will be out front tonight. trust. immun at nature's way, that starts with quality ingredients. like our sambucus - made from elderberries grown and picked at their prime. choose the way to quality immune support, choose nature's way sambucus. easier than ever. apartments-dot-com makes getting into a new home (brad) apartments-dot-com. the most popular place to find a place. you can take advantage of $0 virtual visits.

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and these are live pictures. michigan. president trump just wrapping up a rally in the crucial swing state with just hours to go before the formal election day. his next stop tonight, because there is still yet another stop-s a rally in kenosha, a city at the center of unrest and calls for racial justice this summer after the police shooting of jacob blake. the 29-year-old african-american man shot seven times in the back. kaitlan collins is live from kenosha, wisconsin. and kaitlan, what is the aren't's closing message tonight? >> reporter: well, erin, what we've seen from the president in the last several campaign rallies he's been holding this last-minute push is basically laying the groundwork to

challenge the outcome of the results tomorrow if they are not in his favor. you've seen it, these four stops in five states. that's what he's got on his plan. the white house watching the results come in. but in awful these stops the president keeps bringing up the way votes are going to be counted given there are so many mail-in ballots this year. and basically saying as he did in pennsylvania earlier today that the longer they have to count these ballots that is in the president's mind the longer they have to cheat. that is the word he was using earlier today. even issuing warnings to the governor of pennsylvania saying they're going to be watching them to see if they're cheating and of course pennsylvania's the one state that the president has been so focused on as phil was just laying out there how important it is to the president. but also because of the supreme court ruling about how many days they have to count those mail-in ballots in the days following the election. this is a closing message unlike any you've ever seen from a candidate where the president is repeatedly trying to undermine the way votes are going to be counted in this election and implying if he does not win something is wrong. that is the message he's taken

to awful these campaign stops. and of course a lot of what the president is saying is without evidence. he is making baseless accusations about the way this election is going to be done. and you've seen how the biden campaign has replied, saying the president is not going to be declaring victory tomorrow night as these votes are still being counted. but it's this effort by the president not only in the way he's speaking at rallies but also by attorneys and by his advocates and allies in the campaign and the courts as well to try to challenge the way that these votes are going to be done tomorrow night and how they're going to be counted in the days after. and erin, the president has been insisting that we must know what the vote is tomorrow night. of course that is never how it's worked. states have never given the official count the actual night of the election. they often take time to count those ballots in the days afterward. it's a little different this year, a lot different actually, because of the pandemic. so that's what the president has been doing. he is preparing himself if he doesn't like what's happening tomorrow. >> all right. kaitlan, thank you very much. so i want to go to our political director david chalian along with our political correspondent

abby phillip and the host of cnn's "smerconish," michael smerconish. david, let me start out here. we were just talking to the lieutenant governor of pennsylvania. you have 700,000 ballots in just that state. already other states where this happened. where people have requested and have not yet been returned. that's a lot of people. and some of them may vote in person and flood lines. and some of them pay put them in the overnight boxes. some of them unfortunately may not vote at all. but the most important thing for people to understand is that every one of those votes should be counted. right? every one of those votes should be counted. so for someone to imply that because it takes a long time to count them that they are somehow invalid or fraudulent is hugely disturbing to the entire democratic process. >> yeah. it's undermining. every vote should be counted if it is cast according to the rules and counted in time in the way that it's set up. in pennsylvania if the ballot is sent back by election day the

courts have said they can receive those ballots and still count them up until three days after election day. that's within the governing rules of the election. so counting them that way, there's nothing illegitimate about it. it's totally illegitimate. and to call it otherwise is to fundamentally undermine the very core of our democracy. a free and fair election. >> and abby, the president says that, right? using the word "cheat." he's also -- both campaigns, we talk about where they're spending their time, but it's where they're spending it and what they're saying. and tonight the president where kaitlan is in kenosha, a city that was the center of protests, right? unrest over the summer. this is not a coincidence. this is not just oh, he happens to be there. he has picked kenosha very specifically to send a message to people who are going to vote for him -- he's not trying to convince people with this. he's trying to get turnout. he's trying to get extraordinary turnout tomorrow. and he's going to kenosha on purpose to put out his law and order message.

that is clearly what his campaign thinks is the best use of his time right now. >> they do. i'm not really entirely sure, frankly, why because it's a little late in the game to be returning to an old message that did not have staying power in the state of wisconsin. the president tried the law and order message and in poll after poll in battleground state after battleground state voters have said that they actually give joe biden higher marks on law and order than donald trump. so it is not a message that has worked out particularly well for the president in the long term. but yeah, the point of these rallies is obviously not to convince anybody. it's to just get these people out to the polls. and the president's specialty is taking his road show, his campaign road show, to the parts of these states where you've got smaller population centers but people who are more favorably inclined toward him so he can run up his margins as much as possible in those places.

he's trying to pull votes out of the woodwork wherever he can find them. and i'm sure that in the kenosha area and in the surrounding areas that is where he's going to find those votes. but ultimately it's not the law and order message right now that i think is really going to break through. especially in the state of wisconsin where coronavirus is surging. and that is the thing that is on the front pages every single day in that state. >> michael, you know, it is interesting, though. making the point about him running up the ballot. running up the vote, right? and you see that in where he campaigned in georgia. where he's gone in pennsylvania. he's going to the counties where he can run up the vote. this is about turnout. this is not about winning people over for him now. this is about getting out his passionate supporters. the white house director, though, a communications director today, predicted a silent majority will get trump elected. this whole hint people won't be honest with pollsters, they don't want to be honest about their trump support but they're go to vote for him anyway. and trump also echoed it today. here he is. >> i think we're going to win

wisconsin because we have a lot of people that say we don't want to talk to you and then they go vote for trump, right? the hidden voter or whatever they call it. >> how real do you think that is, michael? >> well, it will take a lot of hidden voters to overcome the data that's out there that's all telling the same story in terms of what's going on in the battleground states. the national surveys as well. of course we don't elect by popular vote. we learned that in 2016. but here's something i think, erin, we need to be reminded of. election day four years ago. and the president wants to say we did then, we can do it again. it was later. it was november 8. and everybody needs to remember october 28, 11 days prior, came that comey letter that said to the congress i'm taking a look again at secretary clinton because of anthony weiner's laptop. there hasn't been that issue. you can make the argument, many do, that that really swayed the outcome of that election.

there's been no incident like that that would cause voters to reevaluate where they stand. >> right. certainly there's been nothing that has shown that. what the polls have shown is incredible stability. right? again and again. you saw one point in a poll move in a two-week period. so little movement. david, president obama referenced clinton's defeat when he was campaigning today in georgia, right? a state they're trying to flip. and he said that georgia, georgia, in the deep south, could decide who wins the white house. here he is. >> things didn't work out the way we expected. because we weren't focused. each one of us didn't do everything we needed to do. and so in this election when i got a call and said look, georgia could be the state. georgia could be the place where

we put this country back on track and not just because joe biden and kamala harris have a chance to win georgia but you've got the chance to flip who senate seats. i said, well, i've got to go. i've got to come. i told michelle, i'm sorry, baby. i've got to go to georgia. this is a big deal. >> so david, obviously when it comes to president you haven't seen georgia go democratic since 1992. although in the final weeks of the clinton campaign they were talking about turning it. obviously then things went very differently than they expected. do they really believe they can flip georgia this time? >> well, and remember what you saw in 2018 with the stacey abrams-kemp race in the gubernatorial race. listen, georgia, not terribly unlike arizona let's say, this has been part of a sort of decade-long democratic project of looking at the demographic trends that are happening in the

state that are favorable to democrats. but now couple that with the acceleration we are seeing in the suburbs going to the democrats in the trump era. you when you take the demographic trends and you take that just accelerated movement away from the president and his party in the suburbs that we've seen in the trump era, that is what makes georgia a potential, you know, target for the democrats to try to flip. it may not happen this election. it may. it's a real tossup state. but this is not going away as a democratic target in elections after tomorrow as well. >> all right. thank you all very much. and as we are in these final hours, the former vice president joe biden is going to be at that podium in just a few minutes in pittsburgh as the president is in kenosha, wisconsin. we are here in the dark hours of the night before election day.

nobody leaving any time on the table here. so as we await that, next democrats seizing on trump's remarks that he might fire dr. fauci. >> they want to fire the one person who could actually help them contain the pandemic. >> elect me and i'm going to hire dr. fauci! >> and early voting in texas in 2020 has surpassed the entire total turnout for 2016. so what does that mean? beto o'rourke is out front. goodbye cleaning, hello clean.

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president trump has two more rallies left on this frenzied final day of the election. two more rallies left, and it is 7:33 eastern time. he's already held three today. the president getting ready to hold another rally in wisconsin and then another in michigan. that is where he will also be facing the pandemic head on because michigan is one of 35 states right now with cases heading in the wrong direction as the coronavirus surges across this country. the seven-day average of new cases topping 80,000 for the first time since the start of the pandemic. hospitalizations up more than

50% from this time a month ago. hospitalizations. as we follow these deeply concerning numbers the president is suggesting that one of the things that he would do if he wins re-election is to fire the nation's top infectious disease expert, dr. anthony fauci. [ crowd yelling "fire fauci" ] >> don't tell anybody, but let me wait till a little bit after the election. >> joe biden and former president obama seizing on this, saying this on the campaign trail today. >> elect me and i'm going to hire dr. fauci! i'm going to fire donald trump. >> one of the few people in this administration who's been taking this seriously all along and what did he say? his second term plan is to fire that guy. i mean, they've already said

they're not going to contain the pandemic. now they want to fire the one person who could actually help them contain the pandemic. >> out front now, the democratic governor of michigan gretchen whitmer. and governor whitmer, i was obviously giving the troubling statistics we have from your state on hospitalizations, levels you have not seen since may, with the surge in cases. now, to be clear, trump alone cannot fire dr. fauci. but you know, he could certainly put people in place who could if that was what his goal was. and his comment does come as you have an average tripling of cases over a month ago. hospitalizations, as i said, at levels you have not seen since early may. so when you hear the president of the united states suggest just give me a little bit of time after i win re-election to fire dr. fauci, what's your response? >> erin, i'm not surprised. the only thing that surprises me is that he's saying it out loud. i mean, this is an administration that has

completely bungled the covid response. the trump virus response has made our nation a laughing stock. it has subjected so many toile ne to illness. 230,000 lost their lives. tens of millions lost their jobs. we're posting the worst numbers we've had in the last eight months all across this country. we need a national response. i know i made the president angry when i observed that back in march or april. i said there's no national response. here we are. here we are eight months later, there's still not a national strategy. and we're paying for it with our economic toll. we're paying for it with the health crisis that we're all confronting. >> so here we are the night before the election. major cities ready for potential unrest. right? there's been businesses across this country boarding up windows. the attorney general in your state says law enforcement will be near all polling locations to respond to any issues. do you view this as a case of

just being extra careful? or do you have specific reason to think that there could be looting, rioting? i mean, if they're boarding up all these pragmatic. i can tell you from the state government perspective. we have run elections since the foungd of this nation, and we've never had people being terrorized at the polls like some are anticipating. we are prepared, but we do believe that we're going to be able to keep people safe. i know people should be able to go to the polls. they'll be safe. we take any effort to intimidate voters safely. it's a felony in michigan and it will be treated accordingly. >> what's your sense -- we talk about states and how many ballots are still outstanding and when those are going to be tabulated. where do you instant right now in michigan? do you think we will have a clear sense of the winner tomorrow evening? >> well, i think -- i've been telling everyone we've got to be patient. we've got to give our clerks the ability to get these ballots counted. and it's going to take a while.

we're going to have a historic number of ballots cast. so many of them through absentee ballot. so they've turned them in. we've got 2.9 million ballots that have been cast already in michigan. it's going to take a while to get them out of the envelopes and around through the machines. so our secretary of state is saying let's all be patient, let's just make sure we let the system work. we're going to get everything counted and we will make sure that the loft people is done. no matter what the will is, we'll get it counted, it will be reflected and it will be the vote of michigan. >> i appreciate your time, governor whitmer. thank you very much. >> thank you. >> now i want to talk more about president trump's rift with dr. fauci. bring in jonathan reiner who advised the white house medical team under president george w. bush and currently at the cardiac krath lab at gw. we were talking about this last night. if donald trump wins re-election, he doesn't have a re-election hanging over him or anything like that, right? and he's made his feelings clear

about dr. fauci's scientific view of things, so why wouldn't he get rid of him? and now he's suggesting he would get rid of him. how detrimental would it be to lose dr. fauci in our pandemic response? >> well, it would be awful. those of us who work in health care have known for months that the singular issue in this presidential election campaign was going to be the pandemic. and from the hundreds of thousands of families that have lost someone that they love to the economic losses generated by shuttered businesses and millions out of work, and to the uneven burden that my brothers and sisters in hospitals across the country have shouldered during this pandemic, basically no one has within left unaffected by this virus. and the good news is tomorrow the american people get to choose whether tony fauci gets fired or donald trump gets fired. ultimately the public makes that

decision. >> so dr. fauci told the "washington post" that president trump called him when he was at walter reed medical center. he called dr. fauci. the president criticizes fauci in front of his supporters. he calls him an idiot, right? actually. and when he got out of walter reed and he was better the first thing he did was whip off his mask for the world to see. but when he was in there in his moments of human fear like all would have, it doesn't matter who you are, he called dr. fauci. what's that say? >> yeah, there's an old saying that there are no atheists in foxholes. so when the president of the united states was facing his own mortality, when he was, you know, worried he was going to become what he called a dier, he reached out to dr. anthony fauci. he didn't call the mr. pillow guy. he called tony fauci because no one in this country, maybe no one on this planet knows more about this virus and this pandemic than tony fauci. so he was availing himself of the best of the best.

the same expertise that he now threatens to fire. the same expertise that he sidelines from the american people. right? good for the president, not good for the people. >> all right. dr. reiner, thank you very much. >> my pleasure. >> singer john legend on stage right now in philadelphia as we're watching these final live events here. this final night before election 2020. kamala harris is about to hold an election eve rally where john legend is playing. and next, a major ruling out of texas. a federal judge rejecting republicans' push to toss out 127,000 ballots. republicans are now appealing. plus, it all will come down to turnout tomorrow. right? that is what we're at. how many voters could show up to the polls tomorrow? an expert on turnout with the numbers coming up. we'll be back. ♪ no, no, never ♪ it's more than a brief

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who's sujoe biden.rop 15? biden says, "every kid deserves a quality education and every family deserves to live in a safe, healthy community. that's why i support prop. 15." vote yes. schools and communities first is responsible for the contents of this ad. uber and lyft are like every big guy i've ever brought down. prop 22 doesn't "help" their drivers-- it denies them benefits. 22 doesn't help women. it actually weakens sexual harassment laws, which are meant to protect them. uber and lyft aren't even required to investigate sexual harassment claims. i agree with the la times: no on 22. uber and lyft want all the power. so, show them the real power is you. vote no on prop 22.

traffic and air pollution will be even worse after the pandemic. that's why we support measure rr to keep caltrain running. which is at risk of shutdown because of the crisis. to keep millions of cars off our roads, to reduce air pollution and fight climate change. and measure rr helps essential workers like me get to work and keep our communities healthy. relieve traffic. reduce pollution. rescue caltrain. [all] yes on measure rr. who's supkamala harris.5? harris says, "a corporate tax loophole has allowed billions to be drained from our public schools and local communities. no more. i'm proud to support prop 15." vote yes. schools and communities first is responsible for the content of this ad. breaking news. nearly 127,000 ballots in

texas's biggest county now hang in the balance. republicans are appealing a major ruling by a federal court which said the ballots from drive-thru voting, which was a covid precaution that allows voters to cast ballots from their cars, are valid. it is the second defeat for republicans on these drive-thru ballots in harris county, which is home to houston. out front now, beto o'rourke, former democratic presidential candidate and congressman from texas. so congressman o'rourke, i appreciate your time. let me ask you about this first. 127,000 votes. these are staggering numbers by any measure. republicans appealing this ruling again. the judge anticipating this has ordered harris county to preserve the ballots. and so saying, "i would not vote in a drive-thru out of my concern, whether that's legal or not." so basically the count until who knows what happens in the legal system and then they might not count so they have to put them aside. would you recommend people cast

more drive-thru ballots tomorrow? >> there is no more drive-thru voting tomorrow. so this was something that the harris county clerk chris hollins implemented with the blessing of the texas secretary of state, who is a republican appointee. the challenge to drive-thru voting has twice been rejected by the all-republican texas supreme court. and as you noted, it was rejected earlier today by a federal judge. this is really an act of desperation as republicans see texans voting in record numbers. we lead the country in voter turnout, and we also lead the country in young voter turnout. and that's after being 50th in the country in voter turnout. something is definitely happening in texas. so i don't think they'll be successful in invalidating those ballots. i think they seek to create chaos and confusion in the minds of the voters going into the polling places tomorrow. but so far the texas voter has shown they will overcome these cynical attempts to intimidate them and they will continue to vote in record numbers.

and that's very good for texas and wonderful for our democracy. and i think it bodes well for biden becoming the first democratic nominee to win this state since 1976. >> so let me ask you about this because as you say 50th in turnout. nobody's really thought seriously. there's been talk maybe eventually texas will be in play as it changes demographically. but you know, texas is texas. and yet you point out 1.9 million more registered voters than in 2016. these are stunning numbers. 1.9 million people. what do you know about these people? who are they? >> so in a typical four-year period, about 700,000 will register. we almost tripled that in this last four-year period. many of them are young. many of them have moved to texas from other states, updated their registration here. our organization powered by people helped register just under 200,000 texans to vote this year. and we were specifically focused on those who were likely to vote

for democrats. i think this explosion in registration that has been followed by the greatest turnout we've ever seen in this state bar none is very encouraging because we have the most onerous voter i.d. laws, 750 polling place closures, racial gerrymander and these new tactics, cynical, unconstitutional, and at their core racist, trying to stop primarily black and latino voters from participating in the franchise. and yet the texas voter is willing to do whatever it takes to overcome that and cast your ballot. i think the story of 2020 is going to be the texas voter. i sure hope that's what we hear on tomorrow's -- you know, tomorrow night when we start to post the returns. >> all right. so when you talk about black and latino voters, latinos make up 30% of texas voters according to pew, about 30%. but you know, there has been concern among democrats that there's lower enthusiasm among latinos.

biden consistently there showing lower polling results than hillary clinton had in 2016. right? trump has made progress with trump has made progress with latinos overall. do you share these concerns when it comes to texas where this group of voters is so significant? >> i can't tell you, erin, what it meant to texas to have senator kamala harris who could be the next vice president of the united states come to our state, not only to texas but to the rio grande valley, 95% of mexican-americans, a part of a state that's forgotten by national democrats for decades. for the biden/harris campaign to make the rgb a priority. it surged after it had been declined for days. it proves campaigning and

investment of time of the candidate in communities have been suppressed or excluded from our democracy actually works. you don't blame those kmupts for low voter turn-out. we are glad, it came late but it came nonetheless. we are glad biden/harris team made that in texas. i believe it is going to pay dividend. >> i appreciate your time, beto o'rourke. >> life picture at kenosha, wisconsin, that's where trump is about to hold his fourth rally today. all of the final push tonight. record breaking early voting across the country, nearly 100 million votes already cast. how many more are expected tomorrow? next on turn-out.

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in mass incarceration of black and brown communities. the shame is on all of us. i'm working to right the wrongs of injustice. ending cash bail. ending the war on drugs. decriminalizing sex work, and passing major sentencing reform legislation. but until we reimagine community safety

and end police brutality, we must keep working to reform our racist criminal justice system that's shameful to us all. live picture of joe biden, his final rally of the day in

pittsburgh. you see joe biden's wife there. they are there as i said in pittsburgh. you got john legend opening out for kamala harris and president trump at kenosha, wisconsin. almost 100 million americans have cast their ballots at a early or mail-in voting. that's 73%. three quarters of ballots casted. it comes down to who shows up tomorrow. michael macdonald joins me now, professor, i feel fortunate to be here and watch americans this

moment with so many people so passionate. you got more than 100 million people already cast. what do you think the total vote count could be? looking at the states that party exceeded the 2016 turn out, places like texas and hawaii. other states just on the cusp, they're going to do it tomorrow or even before they start the voting. looks like we'll have a record turn out. how much of that turnout is on election day? when all is said and done, we'll have 160 million people voting in this election, that's two-thirds of those eligible to vote. so kudos for us in trying times. we manage to hold a record e

ler election. >> i mean it is stunning to think about it and whatever the outcome is that's something to celebrate. however, when you look at how this breaks down, 160 million, that means 60 million votes tomorrow. the president is betting on those votes being republicans, right? the president is betting at an all time record and an extraordinary republican turn out for him to have clean win. if you see 160 million ballots cast as you are projecting if possible, would it be enough for trump to win re-election? >> it is going to be tough. the early votes over the past decade looks very democratic. this election cycle, we got it a different way. it is all flipped around by election cycle. the electorate looks very

similar in the election. trim trump is going to need that. it is possible getting near record as it is. >> you are saying 160 million may not do it. what would be a number that would be adventageous to him? >> it is difficult to tell. >> i think a state like nevada

may be out of reach for trump at this point. there is some other states where things are really close like florida and north carolina. >> we got to get into the trenches, state by state. >> professor, i appreciate your time. thank you all of you for being with us in this historic night. anderson starts now. good evening, we are hours away from the election of a lifetime. the president is in