the fact we're american citizens that deserve to vote, i think we can get it done. >> appreciate your time. thank you. >> join us for special coverage tomorrow on the election the way only cnn can bring it to you from the critical count to a breakdown of what's happening in your state. our live coverage starts tomorrow 4:00 p.m. eastern. our coverage tonights right now. we'll return for a special election of 360. i turn it over to chris for "cuomo prime time." chris? >> okay. i'm chris cuomo and welcome to "prime time." we are three hours to history. we have never been where we are tonight. never. what we know for sure, america is activated. almost 100 million of you have already voted. we have never seen numbers like this. and we're not going to know the actual accounting. we're not going to know the actual impact for some time. so please, if you listen to

nothing else that i say, ignore the noise. focus on poise. and not just because it rhymes but because that's all you will be able to control. a lot is going to be coming at you, especially with the most controversial president in a generation actively trying to seed suggestions of fraud about voting and suggesting there may be violence in the streets as a result. some pop list he turned out to be, trying to suppress votes and rely on lawyers and judges to control an election. but are you really surprised as we look at live pictures of both candidates? you have the president on the left trying to convince this country that we are not in a crisis, despite the fact that we are all living in a painful pandemic. on the other side, his challenger joe biden stubbornly committed to being the anti-trump, determined to make the case that we can do so much better than we have and that you don't have to divide to conquer.

but here is the good news. just a few minutes really, we'll be monitoring to see if joe biden says anything worth playing for you during this show. but one way or the other, the campaigns are over tonight. it is now go time. we will learn starting tonight in our processing of the early vote and certainly over the next few nights how many voted, where and why. but what we know right now is a as a matter of law and fact is that all votes that are made in time are legitimate, meaning legal. meaning they must all be counted. this current president suggesting otherwise is not just the height of hypocrisy. he knows there has never been and never will be a full vote count by election night. and remember, he won arizona and michigan in 2016, but only after days of counting.

so this is not just the high point of hypocrisy but also the low point of his lies. listen. >> i think the pennsylvania decision by the supreme court is a very dangerous decision. i think it's a decision that allows tremendous cheating to go on after the fact. >> now after he said that, just in case the message wasn't blunt enough, he tweeted. it w violence in the streets, something must be done. how about trying to quell the violence? how about trying to say that would be wrong, that that would be banned? how about being a leader instead of somebody who is looking for the first, why not try to inspire the best in the heat of the unknown? instead, trump is doing what he does best, doing what he thinks is his best interest, inciting violence because the court is allowing legal votes to be counted. and in just a horrible

reflection of where we are, twitter has just flagged the president's tweet. think about that. our president flagged for trying to undermine democracy and our confidence in the same at a time that we need leadership most. again, though, ignore the noise as much as you can. it is my job to tell you about what i must. it is yours to decide what it should mean to you. focus on your poise and what your true north is. trump is focussed on the me. biden on the power of we, especially in all important pennsylvania. listen. >> the power to change this country is in your hands. and i don't care how harold donald trump tries. there is nothing, nothing he can do to stop the people of this nation from voting. america has heard. the message will be outloud and clear. it is time for donald trump to pack his bags and go home.

>> 100 million votes already are in the bank. think about that. why so many more? sure, we're in the middle of a pandemic and people wanted to avoid the lines and the potential exposure, but it has to be something more than that. it has to be there is going to be a statement in this country. the question is what and what it will mean for us going forward. where was biden there? his final campaign stop in a long road is pittsburgh. why? well, there is very important absolute value in that state. he got some music royalty helping him end on a high note. you are looking at lady gaga singing his praises, john legend joined kamala harris in philly tonight. so we brought everybody there. do you want to listen a little bit? >> this is not red or blue. this is about people. >> he won wisconsin. he's just won. >> and i know people in pennsylvania. i used to live here. joe is from here.

you got a lot of heart. ♪ >> this is not a shallow people. >> look, everybody is pulling out everything that they have. this could not matter anymore. and i know you hear it a lot, but it is not always true. it is on this. we are in the middle of a pandemic, and we are a divided people. we will never get to a better place if we're not together and we will get never to a better place if things stay the way they are. who can make it better. the president says he can and he is on a multistate battleground blitz on this final night. he is in kenosha, wisconsin, a city where racism exploded during a pandemic, and he only fanned the flames. do you know what he said about systemic equality and a fight for justice tonight there in kenosha? nothing. that's one of the reasons there is high anxiety all over the united states about the outcome. there is so many people in such

desperation. this is a nation on edge. not because i say so but because you are living it. and now they're even more worried about what this election could mean. businesses are boarding up in anticipation of social unrest. but you have to be better than what you oppose. that's what this election is coming down to. who do we want to be? which will be reflected in how we decide to be. whatever happens tomorrow, i'll say it again. things can't stay the way they are. we will never get to a better place if things stay in the state of play that we are now mired in. so how is it looking and where should we be looking? good to have you both with me on such an important night. we will living history together, brother and sister, one of the few benefits left in this job. dana, a tremendous amount of early votes. is it an equal distribution as far as we understand of pandemic

oxygensy and mood or do you think this is a nod more than one or the other? >> well, the answer is it's hard to know. but the fact that the two have converged the way they have, that the pandemic has forced states to change the laws to allow early voting in a more aggressive way and the fact that there is such enthusiasm, frankly both for and against this president that they have taken advantage of the laws thanks to the pandemic, it's hard to kind of separate the two, it seems. and the fact that you are seeing, chris, almost three-quarters of the entire 2016 electorate already voting before election day gets here is nothing short of remarkable. and when you -- you know, for all three of us who have covered politics for a while, you know, you always wonder, you know, people complain, people are upset. well, are they going to use the

real tool that they have to change it, and that voting. right now the answer is question. we'll see what happens when we get to election night or whenever it is when we see the real number of votes. but just the fact that at this point it is so high the something that is historic. >> absolutely. we have never seen this before. now, david, let's talk about the seesaw effect here and how that should affect people watching the returns tomorrow night. what is your guidance about how you deal with the number 100 million and as it starts to get broken down but you won't really get who is winning in the 100 million. you might get who is ahead by registration, but you will be getting realtime returns of who is voting tomorrow. so how do you keep it straight? >> yeah. you have to kind of separate things out. and as viewers and as americans, acid sevens, try to understand various scenarios. that there is an election day event. who comes out? and we talk a lot about republicans who prefer to vote

on election day. there is no question that democrats want to try to eat into that total as well and have a very strong showing on election day. so we're going to see those returns. but you just have to know and remember what we have been talking about for weeks and months about this early voting, that some of those will come in tomorrow and some will not. you know, i've been watching coverage and talking to people all day long. president trump is the one who wants us to be talking so much about whether every vote is going to be counted. that's what he wants, because republicans don't want the vote total to be too high because they know that's bad for them. we have no idea if we're going to talk about pennsylvania. we may barely talk about pennsylvania. you know, we don't know that it's going to be that tight. and i think that's what voters have to be prepared for. there is a lot we don't know. what we know is that there is a lot of intensity, and there is a lot of grievance on both sides. and that's what's driving a lot of our coverage, a lot of what people see on social media.

so i just think we have to be patient as journalists. and i think americans have to be patient to understand there is various things that will play out at various times and we have to watch and wait. >> ignore the noise, focus on your poise. joe biden is at his final event. he's in pittsburgh. he's fired up. let's listen in and see what he wants to end on. >> companies with american manufacturing, bring jobs back. we'll get them a 10% tax credit. and by the way, the president of the united states awards about $600 billion in contracts a year because of everything from building aircraft carriers for all that we do, all the government spends. i promise you this, it violates no trade agreement. there will be no government

contracts given out on my watch that don't make all the products here in america. [ applause ] >> they should be made right here in america, in pennsylvania. folks, trump sees the world from park avenue. >> i'll tell you what, if there is no other reason that what we're living is history is you have never heard the final night of an election sound like the candidate was caught in a traffic jam, but that's where we are, especially on the biden said because biden has been scrupulously adherent to the ideas of how to deal with the spread of covid. so everybody is in their cars. you see something very different, which means very normal when it comes to president trump. he has done everything he can, basically, to flout the existence of the pandemic. if any work environment was structured the way his rallies were, everybody would be sued and would lose. the idea of violence after the

outcome, why? bush/gore was ugly. hell, clinton/trump was drugly. the other guys wins the electoral vote in a surprise. why do we believe there is a better chance of violence now other than the fact that the president keeps suggesting it? >> i don't think there is another fact. that and the fact that this country is a country on edge, and that comes from people who are on both sides of this polarized nation right now. but it doesn't help when the president of the united states talks about violence the night before a presidential election on which he is on the ballot. he should be -- you said it so well at the beginning of this show, chris. you said you don't have to divide to conquer. i mean, david and i covered george w. bush and it is obviously very, very different. but i keep thinking about was after 9/11. it wasn't his re-election, i get

it. but it was a very, very tough moment in this country and he tried to bring the country together. and that is what most presidents historically have done when there is a concern about -- about disruption, real disruption, not the kind that president trump has brought, but description in the streets, and that is not what he's doing. he's doing the opposite. if i may -- go ahead. >> finish your point, please. >> i was going to say, as we were listening to joe biden, i was just thinking about the fact that, you know, president trump's campaign tried so hard for so many months to make this a referendum on joe biden. okay. you don't like me? contrast with the other guy. he's going to be worse, and it hasn't worked for so many reasons. this is a referendum on president trump and everything that goes along with it. >> how do you see it? >> you know, i just think the violence piece. i think we have to remember, i mean, it's deplorable that you have a president who is trying

to ferment that or not coming down strongly to tamp it down. that's the important point. but there is a lot of differences between now and 2000. one of them is we have a president who is actually a symptom of and a product of our culture where we have social media and political discourse that is toxic in this country. there is so much rage and so much of that rage is what's covered. and, yet, we know, the three of us know we're perfectly capable and we know lots of people with whom we can very reasonable conversations about politics and the direction of the country, even if people are really angry, frustrated that there is passion and grievance that's boiling over. that's still possible. but there is so much grievance that tends to dominate. and i don't even think that's where most people are. one of my big questions is look where biden has been in pennsylvania. he was in a county earlier that trump won in 2016.

i'm watching to see the extent to which republicans come home. we know that trump has got to hold his territory from 2016. one of the things that surprised me in 2016 was the extent to which republicans fell in line behind trump because they may have disagreed with him. may not have thought he was a conservative, but they liked that he would stand up to the republican establishment, shake things up in washington. now they have got a much better sense of what that looks like in practice. some like it and are staying home. they like judges and so forth. others do not. but that's what i think will be a key question. does he lose a lot of that republican support? and biden thinks he will, which is why he's playing offense in ohio and those parts of pennsylvania. >> last word to you, dana. >> you're right. biden thinks the president will lose support. we know he's lost support among key parts. but it's more than that. what joe biden is trying to do is to learn the less sons and make sure he doesn't make

mistakes that the clinton campaign made which is to not go to rural areas where he's not going to win, but he needs to increase the share of his vote and where there were, you know, majority of trump signs, there are more and more biden signs to keep that narrative going in those areas because the vote could be so close. we don't know. as you said, we have no idea, but it could be and that's why the biden campaign is approaching it that way. >> i appreciate you both. it is a very interesting dynamic. will republicans come home? meaning, will they just go back to the team or metaphorically, will they think about returning home in too many homes that are ravaged by covid and people having lost people and having had their livelihood lost, and it just feels whether it is in polls or your gut that we should be doing better than we are right now. our thanks to dana and to david. we're watching go ining both ca. president trump is in kenosha,

wisconsin. not speaking to the cries of systemic equality that blew up that town earlier this year. joe biden in pittsburgh, pennsylvania, making an appeal that working families can do better. that an nous doesn't have to be the only agent of change. an outstanding 99 million plus of you have already voted in this country. congratulations to us. no matter what the outcome is. our big disappointment in this country is consistently that we don't give a damn at election time, that none of us vote the way we should vote in a country where you should see turnouts of 60%, 70% or more. this year it has been different so fraar. we'll see what happens tomorrow. but these two men and the mood in this country, for good or bad reason, have inspired an activism on the american citizens' part, the likes of which i have never seen before. so good for you for being in the game. it's the only way to have a right to complain about the

outcome. so what do we read from these numbers? well, it is a function of, what, where are they coming in, who are they and not just which party but which place. the wizard of odds will put it all in context next. at dell technologies, we started by making the cloud easier to manage. but we didn't stop there. we made a cloud flexible enough to adapt to any size business. no matter what it does, or how it changes. and we kept going. so you only pay for what you use. because at dell technologies, we stop...at nothing. ♪

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all right. let's take a look at the final stops of this campaign. donald trump in kenosha, wisconsin, not talking about the fight for systemic equality there, instead of talking about that he's been talking about sa van in guthrie, the nbc morning show host who was in a town hall with him and why he drinks water with two hands. let's see what he's saying now. >> and we were getting calls like, yeah, maybe it's time we get together because success brings people together. success brings people together. and you're going to see that happening. because we're having numbers the likes of which we have never had before. think of it 33.1%. nobody has ever had that. the highest was 1952, and it was less than half of that number.

so rioting, looting and arson will be prosecuted to the fullest extent of the law. i'm just telling you that right now. >> so there he is in a place that was ignited by the fight for systemic equality and the concerns about policing and once again he is dismissing all of it as a function of the criminal acts of the few and not the cries and pain of the many. judge it the way you want, but that is the fact. now your decision is that or somebody who has been in the game for a long time in saying that that makes all the difference. joe biden in pennsylvania tonight making the case that working families can do better, that things can be better than this, even though you are angry and frustrated doesn't mean trump was the right remedy. he's trying to win back people in places he might lose. why? to try and build a bigger coalition. let's listen to joe biden.

>> going to change america. my daddy is going to change america. guess what? we also know, we also know that the american people realize we got to change. we also know that justice isn't just about criminal justice. it is about knowing the true justice about jobs, building wealth for your families. no one should be working two %-pr minimum wage. >> and, look, which message do you believe more, which resonates more? you say it with your vote. and i got to tell you, no matter how much anonymous and division there is in this country, i hope that you are equally overwhelmed and enthusiastic about the turnout so far in this election. nearly 100 million americans

have already voted nationwide. that's 47% of all registered voters, and we haven't even had the election day voting yet. 73% of the votes cast in 2016 have already been equalled by early voting. you care. you dare to go out, to vote early, to put in the ballot, to take the chance, to take the chance it won't go your way. but you are doing it anyway because you care. and that is what it is all about. and, yeah, if it seems that i'm shading the two final addresses in the negative and a positive light, i am, because you can't have the night before an election somebody saying and not checked for saying it that there is likely going to be violence in the streets because pennsylvania is suppressing votes. that's what the president of the united states is saying, and it's not my opinion. twitter just flagged his tweet about it. why? because in part it could be

untrue and inciting violence. now, let's reward ourselves for the moment and all of this record-breaking turnout. what does it mean about tomorrow? and what can we glean from those numbers, where and who? what does it tell us about the state of the race. the wizard of odds harry is here. i'm marwatching tomorrow night what do i expect in terms of how big the vote is tomorrow versus the early voting. is it already over? is it just getting started? >> i think the way they should see it is that we are going to have record turnout, i believe, at least since 18-year-olds got to vote. we can look at our cnn poll among registered voters and see the number of voters that said they were registered to vote. so i do believe that the enthusiasm that we have seen so far is going to carry through through tomorrow.

i think we could be looking at 150, perhaps upwards to 160 million votes cast by the time this whole thing is done. >> now how do we watch the returns? because when we hear about early voting totals in places, that margin could be erased, what they're calling a seesaw event where the votes day of may not mirror the early voting turnout and reflection in a particular state, right? >> right. that's exactly correct. the people who are voting early are very different from the people i think will vote on election day. you can see this in a poll. this is a national poll, but it is true in the swing states as well. look at those that voted early or absentee. among those who say they will vote on election day, it is actually donald trump who has a 29 point margin. depending on which state you are looking at, whether they are counting the early votes first or second, you have to be very, very patient because those who pools of voters differ significantly in their partisan ship. >> what can you tell me?

first of all, that slide we put up first, 80% of people may have said they're definitely going to vote, but they didn't. so let's see what it is this year. >> sure. >> what do you see in these early results about who came out where? >> right. these are just poll numbers. obviously there is some social desirability bias, but i don't think there is any more this year than there was four years ago. what i think is so important in terms of viewing the results on election night with the vote by mail is when those votes will come in. what we know is the mail-in ballots will be processed. we are looking at the six closest states that trump won in 2016. arizona, florida, north carolina, most of those votes will be processed before election day. they're already being processed right now. but in parts of michigan, pennsylvania, wisconsin, those votes won't be tallied until election day. in those midwest earn states, don't be surprised if donald trump jumps out to a large lead

and it gets chopped away as the votes get counted in the days after the election. versus in the southern part of the united states, arizona, florida, north carolina, don't be surprised if joe biden jumps out to a large lead and donald trump starts cutting into the margins. >> right. we will be doing coverage. harry and i will together a lot especially in the overnight hours. we will be qualifying because context is everything and you don't want to give a false impression. harry, what is harry's average about what is going to happen? >> what we should say here is that these are the three states i would watch on election night because they're the best shot that we'll actually know who has won. right now if joe biden can win any one of those three states, he's probably on his way to the presidency, arizona, florida or north carolina. if trump sweeps those, then we have to wait for the midwest and that could be a close context. >> thank you very much. always pleasure to have the reckoning of the wizard of odds.

why is everything so close? because we're at a cross roads. and the choice of president is going to make all the difference. why? we are in the middle of a pandemic. to help us lay out what is at stake and what each course could mean, we have a scholar of the stakes, the man, tom friedman next. now is the time for a new bath from bath fitter.

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few people are more respe respected for how they think and how they communicate than our next guest. he says this could be the last week of america as we know it. new york times columnist and author of "thank you for being late," tom friedman is here. i paid a lot of money for this hair. you want to scare it off my head. what does it mean? >> well, chris, it is a real possibility that we will not be able to have a legitimate transfer of power. that if the president does lose, does contest the vote, does create massive discrediting of

the outcome, we could have a prolonged period where we don't have a legitimate transfer of power for the first time in our history. i believe the stress out of that, the economic and the violence of that could be just terrible. so i'm praying that doesn't happen. but i think that we have to realize that given the extreme nature of this president, given the fact that he has no bottom, it's very clear, as i said the other night, you know, al gore when he lost in a very close ultimately supreme court decided vote, he took a bullet for the country. donald trump will put a bullet into the country. if you don't think that's true, then you haven't been paying attention the last four years. >> so when you say america as we know it, that supposes that anything that he stirs up won't be quelled and isolated as just an episode. you think it could be a more long casting effect? >> yeah. what i learned from my very

first assignment covering a civil war in lebanon is when you break things, when institutions break, when norms break in a fundamental way, they are very, very hard to put back together again. and i'm really afraid we could see some real breaking of norms. trusting the vote counters. just think of the two closing messages of biden and trump, which you have had on tonight. biden's basic message is be together. trump's base siic message, be afraid. >> now, you said if trump wins a second term, the world won't see us the america they once knew but as donald trump's america. do you think that's the case now or do you think there would be some added layer that would change america's added preference? >> chris, every country through its history has always -- or many democracies have elected outliers. sometimes, you know, radical pop you lists. but they usually course correct.

we have done that here in the united states. if we now re-elect him, if we affirm his presidency, then that's no longer an outlier event. that's who we are. that's who we will be seen as to the world. given the fact that trump is such a transactional character, we would be seen much the way china and russia are seen, just another transactional country whose basic foreign policy is show me the money. that would be a very different america, and that will be received in a very profoundly depressing way in the world. >> you know, in terms of what decides the transfer here, i don't really think it's on trump. i don't think it's fair on one level to put it on him because we all know what his capabilities are. it's on his party. and it was interesting for me to hear former governor kasich say i think the party will step up. where does that confidence come from? we have never seen republicans swallow the kind of manure we

have with a big smile on their face for the last few years. >> the republican party under trump has become a giant political brothel that basically rents itself out to the night to whoever will energize its base. whether it was sarah palin or the tea party or trump. for the last few years the red light as always been on. we have seen no one step out and surprise us, so we can't count on them now. the only thing we can count on, the only thing we can count on are the american people. you know, this would not be my political wish, necessarily, chris, but possibly the best outcome for the country would be that biden wins the presidency. and maybe the republicans hold the senate by one seat. so close that they would have to be a much more willing to cooperate and collaborate with biden. also the fact they lost the presidency. they're building their politics about white grievance is no l g longer sustainable for them.

if one side gets totally wiped out in this outcome, people are so on edge, the country is so -- there is so much anger out there. there is so much what you see in the middle east, rule or die. either i'm in power or i have to move to canada or wherever. maybe the best thing for the country would be some kind of balanced outcome like that in the near term just so we have a couple years to stop looking at each other like we're enemies. where did that come from? i don't think republicans are enemies. >> the answer to your question where it comes from is who we are. you think the country is more like trump or more like biden? >> i think the country, chris, and that's what my book was about has gone through some really rapid changes really quickly. i think a lot of americans went into the grocery store in the last, you know, decade and the women at the checkout counter wasn't wearing a baseball cap. then they went into the men's

room and the person next to them was a women. then they went to the office and their boss just rolled up a robot that was studying their job. and their boss was a lady this time. i think there has been huge disrupting of people's sense of home, their sense of work, their sense of social norms and along came a guy named donald trump, and he said, i can stop the wind. i can stop all this change. of course he couldn't. and he can't, especially the way he does, but that was his pitch. and that's why his image of the wall, chris, actually it was brilliant. what was a wall? i will stop the wind. >> keep it out. >> exactly. and, so, the country has been embroiled. and the only way to deal with this social change, economic, the only way to deal with them, chris, is through coalitions, by working together because these are big, hard things we need to adjust to and big hard things can only be done together.

and if we don't have an outcome here that allows us to be together in some way with a gracious loss by trump or a gracious loss by biden or some kind of balanced outcome, then we really are in trouble. we can't go on like this as a country, you know, treating one another as enemies. where did that come from? i don't know. it came only as i can think of through this deep royaling of our society, our social norms. but we need to find a way to come together because if this goes on like this, we really are just going to just fracture as a country. >> i think it's just as likely true as anything else is, that it's always been there, tom. it is about what leaders speak to, what gets energized, what gets motivated. the media put a cap on people talking about it. when you talked about people in a certain way, you were shouted down. you have a right to say it, but in america that creates a reciprocal right for someone

like you or me to beat you down for saying it. i think a lot of these things have always been there. trump didn't start the fire. it's always been burning. tom friedman, thank you very much for your perspective. let's take a few days, see how it falls. when we need perspective, you will be my first call. republicans just lost another attempt to suppress the vote. and, look, that's what it is. you can spin it and say, no, no, no. they just want to make sure all the counting is safe. that's not what the lawsuits are about. take a part at what happened in the largest county in texas, which is a demographic stronghold in a really red state. but what's going on and why isn't the fight over and why does this case deserve more national attention? the controversy with the man caught in the middle, the clerk of harris county next.

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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. 127,000 votes in a key county in a key state. a federal judge just ruled the same way the state supreme court did. votes cast at harris county,

texas's droive through polling centers will be counted. given the fact that harris county's population is more than 26 states and it leans democratic, it matters and that's why you should expect more litigation. republicans already filed an appeal late today. my next guest is the harris county clerk. i know you are busy. just one question. defend what you did in harris county with the multiple drop boxes against the criticism, which is you have put more boxes in that county because it is democratic and you wanted to make it easy for people and that's not a fair playing field in all the other counties and that makes it an uneven playing field and therefore it should only be one box. >> that's been the crux, chris, of these arguments. that we're making it too easy to vote. and that's laughable. but these despicable human beings have done something very

few people have done, which is to unite democrats and republicans on a single issues. tens of thousands of democrats an tens of thousands of republicans cast their ballots here. they all want their votes to count. a court unanimously threw out a challenge. now a conservative judge has done the same thing and ruled that all of these votes should be counted. so we're going to keep doing our job to protect the right to vote here. >> texas law says you are supposed to be inside a building. texas law says curbside voting only for people for disabilities. you are not following either one of those. >> well, the drive through voting is not the same thing as curbside voting. it does say that on election day you need to be inside a building. our tents are buildings. it also says during early voting that you need to be inside a structure. our tents are structures. and the judge sided with us on that today.

we're confident going into election day we will be offering drive through voting to make sure the one million voters who haven't cast their ballot yet have the same right to vote for the ones that already voted. >> one other flip on strategy here. you know they they said there's a constitutional issue, they went to the trial level of district court. they can appeal and go to the circuit court. should you change strategy now, instead of risking losing all the votes if you lose, at the appellate level? >> is wel-- we are not playing game of how does it help biden or tru or trump, we are talking about protecting the vote. and giving them unparalleled access to the ballot. we are operating in the bounds of the law and we always have been. and we will fight to the end to protect the rights of everyone.

>> i don't like that the judge said he would have blocked drive-through voting on election day. i appreciate you talking about what could be a dangerous game. thank you and good luck with the security of the entire process. >> thanks so much, have a great evening. >> all right, harris county is not alone. litigation is always part of our electoral system. and it should be, but you have to recognize it for what it is. it's a chance for disputes to be argued on their merits. that's not what the president wants though. he wants the system working as a call to violence in our streets as he said tonight. if i don't get my way, people should go nuts. my had next guest is a power house of election law. bob bower, former co-chair of the president ally election, presidential commission on election administration in 2013. now a senior adviser to the biden campaign.

counselorer, welcome to primetime. >> thank you very much for having me. >> i tell you, let's start with this texas and then we will talk pennsylvania. so in texas, the district court judge said that he would have blocked drive-through voting from being offered on election day. that is a little scary from the harris county perspective. they are going so have -- they are going to have drive-through voting. what do you think? >> now, this judge, quite frankly somebody not everyone was convinced would do it, simply refused to throw those 127,000 ballots out. so, there may have been, you know, some musing on his part in the opinion. not sure where he wanted to take the thought. but at the end of the day, the 127,000 had vo-- 127,000 votes

were protected. >> i don't think he issued an opinion. i think it was just things he was saying. simply counselor, why do you believe what harris county was doing is okay. >> it's a state law decision. a decision that rather was grounded in state law. and i think entirely defensible on those grounds and beyond that, we are in a stage, and we are in a critical point where voters are acting on advice that they have received from election officials. they are told to vote a certain way. they vote accordingly. the vetoer alliance on the rules as explained to them is fundamental and what we have seen an indication, even in the language of the supreme court decisions. it's a couple of months. the vote has to be respected. the late file lawsuits that are intended to upset the voting system.

the voter are relying on what the rules were, simply will not stand. i don't think the court will stand for it. they are showing up in the 11th hour attempting to kang the rch rules and those votes will be protected. >> what about pennsylvania, where the argue many is, well, this is not what the legislature did with the absentee ballot law, it's what a court did in deciding to extends the deadline and therefore, that is wrong and that extension of days after the election day to count the balance on on thes should be nullified. >> as supreme court justice john roberts observed later in a subsequent case, what sets apart pennsylvania, is that was approved under the pennsylvania constitution in the pennsylvania supreme court. it's the reason why the pennsylvania supreme court

decision still stands. a number of the cases are different in procederal posture and the facts. pennsylvania is different for that reason. but i'm confident that the votes will be counted. i realize that the republicans in pennsylvania want to continue to relitigate it, i think they will fail. >> bob bower, thank you for being with us on an all important night. the next few days will be spoken about for decades to come. we will be right back. >> it's a pleasure, thank you. i had saved up some money and found the home of my dreams but the home of my dreams needed some work. sofi was the first lender that even offered a personal loan. and i didn't even know that was an option. the personal loan let us renovate our single family house into a multi-unit home. and i get to live in this beautiful house with this beautiful kitchen and it's all thanks to sofi.

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all right. now, is when it matters. i will be back midnight eastern as we kick off the live nonstop conversation of election day in america. now it's time for the big show. cnn tonight with captain tweed. >> i getty to be in a real studio with a real a suit. >> you should have a pith helmet on with a pipe and do election deducing. >> you know how we say in the south. you are as jumpy as a cat on a hot tin roof. >> i remember that in a musical. >> it was called cat on a hot tin roof, it was a broadway play. >> i will google it.

>> but everyone is so jumpy. calm down, people. it's going to be okay. we are going to be fine, don't you think? >> well we have the most powerful man in the universe telling you, there will be violence in the streets if things don't go the way he wants. it can make you feel caffinated. >> ignore the noise, focus on poise sglimp poise. >> ignore is noise and ignore anyone who tries to push you to violence. ignore anyone who tries to push you away from facts and science as we have been saying on the program for the past four years. so, i think we can ignore that and i hope there's no violence. i have very strong faith in americans that they will not resort to that. and if they do, because the president said so, it tells you a lot about the president. >> while i still prefer ignore the noise, focus on poise, because