we don't know? >> i'm just a lawyer. >> thank you, rick, i appreciate you joining. thank you so much. well, everyone, that's it for me for now. thanks for watching so. . i really appreciate it. i'm don lemon. our coverage is going to continue now with mr. anderson cooper. just an hour to go until the first actual votes on election day, and the president of the united states is warning of violence in the streets if he doesn't get his way. it is just that simple. naturally he said in a tweet this evening which twitter promptly flagged with a warning, he was complaining about the u.s. supreme court allowing pennsylvania to accept mail-in ballots for several days after tomorrow. the court, refusing a plea from commonwealth republicans to decide the ultimate fate of those ballots before election day. the president writes, quote, the supreme court decision on voting pennsylvania is a very dangerous one. it will allow rampant and unchecked cheating and will undermine our entire system of laws. it will also induce violence in the streets. something must be done.

if you look at live pictures, the president's final rally of the night in grand rapids, michigan, let that sink in for a moment. he didn't elect to unleash that violence, but he didn't have to. he simply said what he wanted, said what would happen if he didn't get it. of course, there is no idea that this will result in widespread rampant voter fraud. there is no evidence of that. a wall has been put up around the white house tonight. think about that a minute. they're boarded up in washington and across the country. there is a pandemic that's taken 232,000 lives, and somehow america has taken over our democracy in a way not seen in generations. the candidates are making their voices heard, and the people are making their voices heard as well. in tiny dixonville, new hampshire, voters in less than an hour will cast a ballot,

joining millions of others who voted early. first tonight we're joined by pennsylvania lieutenant governor john fetterman. john, thank you for being with us. i know you were there before the tweet when he came off the plane. what do you say about violence on the street? >> i just think we should tweet less and vote more, and that's what we're committed to doing in pennsylvania. we plan on counting all the votes, and we're going to have an accurate true count that's going to reflect the democratic will of our residents. that's a fact. another truth is that voting in pennsylvania is already going very smoothly, actually. the one documented case of voter fraud in this cycle in our state was actually a republican in lucerne county who attempted to vote for his dead mother. so the truth of the matter is voting works very much so in pennsylvania, and it really is going to continue to do so.

>> so what happens to the votes that the president is talking about? are they going to be counted now or are they just going to be put aside? >> yeah, they're being skwes r sequestered right now, the ones that would come in after the election deadline, the three-day deadline that pennsylvania ruled acceptable as long as those ballots were postmarked. if that ends up in the supreme court, of course, that would be a concern given the way the court is stacked in favor of a conservative presidential viewpoint at that point. >> on the night before the election, the president is continuing to spread totally debunked claims about widespread voter fraud and suggesting there will be violence in the streets. how worried are you about the safety of people, or to anybody in your state who -- in your

commonwealth who is worried about what may happen in the polls? what do you say to them? >> i'm not concerned, to be quite frank. i think everyone in pennsylvania understands that regardless of what side they're on and who they're going to vote for that there is not going to be any violence, there's not going to be any widespread incidents like that. sure, there might be an isolated case. wh when you have tens of millions of people doing anything, there might be very much a case. but i think pennsylvania's election on ballots is going to go smoothly and we'll deliver a result that your viewers and our nation are going to be able to count on. our top three or four counties have already determined that they're going to count the ballots relatively quickly and be able to determine a result. philadelphia might take a little bit longer than the others because it supports the largest. but other counties like allegheny and montgomery and chester are really actually

quite confident they're going to be able to deliver results much quicker, and on ballots i don't anticipate we'll see any widespread incidents. >> when you say much quicker, do you have any sense of how long it may be before we know the results in pennsylvania? >> montgomery county tweeted out just today that they could expect -- they could report this time tomorrow, election night. chester county, same. allegheny county, i can say that during the june primary, they reported their results very rapidly on election night back during the primary. so -- and i also want to add that during our june primary, not one documented case of voter fraud was detected. so it's a secure and safe process, and the president can tweet whatever he wants, but that's not going to change the underlying dynamic of the integrity of our voting systems here in pennsylvania.

>> lieutenant governor fetterman, i appreciate your time. thank you very much. >> thank you for having me. >> i want to go on the campaign trail and talk to jim acosta at the trump rally. is it more what he's been saying all throughout the day, and what do we expect from him tomorrow on his schedule? >> reporter: anderson, i think we'll hear much of what we've heard from the president so far. i think they are hopeful that this grand rapids rally will have the same effect that it had four years ago. remember, the president ended his campaign when he was then-candidate trump back in 2016 in grand rapids. vice president mike pence is on stage right now as he was four years ago. we expect to see trump family members doing that as well. the message is dark, it is ugly, it is divisive, and it is potentially dangerous as you heard the president out on the campaign trail earlier today warning governor tom wolf in pennsylvania, we have eyes on you, we're watching you, don't engage in any election fraud. of course, the governor has not

been accused credibly of any election fraud. we should remind viewers that the president has been talking about election fraud since before he came into office. he was saying at the last election, 2016, that it was going to be rigged. he put together a task force to study the issue of election fraud and that task force did not come out with any report of widespread voter fraud in the u.s. so this is a tired old horse that he has beaten to the ground time and again, and he's doing it one more time. but, anderson, i do think it is worrisome that you have a president trying to fight a battle for re-election and talking about something that could be physically dangerous just having the votes being counted in the state of pennsylvania where, of course, he's trailing in the polls right now. the other thing we should mention, anderson, is that after the president wraps up this rally tonight, he's expected to be at the white house tomorrow and is going to be having an election night party inside the white house on the state floor of the white house, which is an area that is a bit more roomy than i suppose the east room or other sections of the white

house, but you're going to have about 400 trump supporters inside the white house celebrating on election night, potentially, i suppose, if the president comes out on top, but it's just another example, anderson, just like this rally the president is using here in grand rapids, another example of the irresponsibility of the president trump campaign bringing in all these supporters who could potentially be spreading the coronavirus around to one another. we're seeing that once again tonight, no social distancing and hardly any masks in sight, anderson. >> yeah. it's not surprising but it's still stunning. jim acosta, appreciate it. joe biden began the day in cleveland. he end ed in pittsburgh. arlette saenz is there right now. i understand the president responded to what joe biden had to say. >> reporter: before joe biden tock off for pittsburgh, he was asked by reporters about the president's claim, including the suggestion that there could be election-related violence. biden said he didn't want to give oxygen to those claims from

the president, but he did say he expects things to remain peaceful. take a listen. >> i'm not going to comment on anything he has to say. i'm hoping for a straightforward, peaceful election and a lot of people showing up. >> reporter: so that has been one of biden's key messages today as he has encouraged people to get out there and vote. he's talked about the power of americans' votes and also argued that they -- that president trump will not be able to stop people from voting on election day. now, biden here in pittsburgh, which is actually the same place that he held his very first campaign rally as a 2020 candidate, he ended the night before the election right here and predicted that he believes that people are going to come together to deliver a big win for biden tomorrow night. you've seen biden and his entire campaign hone in on the state of pennsylvania, which is part of that blue wall that biden is trying to reassemble, and the

biden campaign has said that it's not necessarily impossible for president trump to win, but they believe that they are entering tomorrow with a strong advantage due to the wide support that they've gotten and also what they are seeing in early voting. but biden tomorrow is still keeping his eyes on pennsylvania. he'll be holding some get out the vote events in his home birthplace of scranton, pennsylvania and also in philadelphia before ending the night in delaware. >> arlette saenz, appreciate it, thanks. president trump's talk of violence over the ballots says he plans to send in his lawyers tomorrow night. there was also a court ordering of trying to stop 127,000 ballots from being counted. >> republican plaintiffs were arguing to the court that it was like curbside voting in texas

who was only reserved for those who are disabled or sick, and therefore, it shouldn't be allowed for the general public. so they have tried through multiple avenues, through the state courts, and went up to the texas supreme court. that conservative court dismissed it, rejected the republicans' argument. and then again today, a judge who was appointed by george w. bush rejected the republicans' argument and did not think they had standing in this case, but they're not giving up. they have filed an appeal, and this appeal has to do with keeping these ten locations closed, these drive-thru locations closed on election day tomorrow. it seems like they've given up on trying to get these other votes that have already been cast, around 127,000 that have already been cast in these drive-thru sites. it seems they've given up on getting those tossed out and are trying to get these sites closed tomorrow, but it's unclear what will happen or if it will be taken up, anderson. >> that federal judge did have a public argument.

he did have a message that sort of muddies things a bit. what did he say? >> yeah, he said he did not accept the republicans' argument, said they did not have standing, but he did make clear that he's not a fan of these drive-thru voting sites. he pointed to texas law and he said that voting needs to happen in buildings and that the tents set up for drive-thru doesn't constitute that, and sort of made a warning shot, saying, if it was me, i wouldn't go cast my vote at these drive-thru sites because of whether or not it's legal, whether there is a question of that. so it was sort of interesting. he said on one hand, look, he's not going to throw out these votes that have already been cast, but on the other hand, he's sending a warning to voters ahead of tomorrow that it could be illegal, anderson. >> yes, although, we should point out, these sites have been approved in advance by authorities in texas, and now the courts have ruled the

100-some-odd thousand votes will count, but as you said, the whol get as many people as possible able to vote. >> right. i mean, these were set up because of the pandemic. this was just another accommodation that was set up for people to allow them to vote in harris county, which is one of the largest counties in texas. it's democratic leaning. so that's what the purpose of this was, and the democrats argued that, look, this is just giving people another option. the democrats argued that it is okay within the law, it does fit in the law to have these drive-thru voting sites. one other thing that's interesting is this judge also said that these sites need to keep a good record of everyone voting in case there is an issue with those votes later on, which is unusual for him to reject it on standing but then leave that door open. >> appreciate it, thanks. david axelrod, also chief

political analyst gloria borger. >> i can't sleep, anyway. >> too excited. >> how do you feel on the eve of this? >> look, here's my observation. first of all, you never know. but you have to look at the body language of these campaigns. the fact that republicans all over the country are trying to invalidate votes, the fact that the president is already laying the groundwork for mischief in pennsylvania after tomorrow doesn't convey a great sense of confidence about where this thing is going. >> does it work, though? to suppress the vote, in texas, these republicans continue to file court challenges even though republican judges continue to say that you have no standing, what are you doing. it does sort of, i would think, make people question, oh, is it okay to go to these drive-thru

sites? it muddies the waters in pennsylvania where the president is saying there is voter fraud, there might be violence. >> in that case what the president is trying to do is get as many ballots that were cast, about a quarter of the vote, third of the vote in pennsylvania is write-in. it's an unusually high number there, and by all estimates, about three-quarters of it have come from democrats. so he's looking for the opportunity to invalidate as many of those ballots as possible because it improves his chances. so -- but, i mean, i heard the lieutenant governor, by the way, say -- and he should. there's not going to be a problem, things are going to be peaceful. i do know, just speaking to governors, that governors have been talking to the fbi, the fbi have been reaching out to governors, because there is concern about people who react to the results with violence, and the president is definitely sending a signal with his words,

which is unthinkable, really, unconscionable. >> if anything, i would think it would mobilize more people to go out. i just think americans of any stripe do not like being intimidated -- >> right, or told they can't vote. >> yeah, told they can't vote, or intimidated or tactics to kind of scare them off. it just seems completely unamerican. >> right, and in my experience of covering politics, when you think you're going to win, you don't spend as much time complaining about the rules as donald trump does. and it shows, to me, that he's really insecure about what's going to occur. and i know he complained about a rigged election last time, but this is worse this time because he is actually inciting violence. he is saying, you know, i can't guarantee a peaceful transfer of power, remember that? and i have to say this because it struck me just watching mike pence at that unmasked rally tonight. tonight deborah birx, who works

alongside him, or maybe worked alongside him at the coronavirus task force sent a memo internally reporting to the "washington post" about how this country is headed into a very dark time with covid, because there hasn't been good management of the disease at the federal level. and there is mike pence tonight at this rally unmasked. >> yeah. much more to talk about after the break, including breaking news on the texas balance locality issue we've been talking about, skpand the quest of what happens going forward. republicans are now asking a federal appeals court to block drive-thru voting tomorrow. both candidates do have a path, and later, with many ballots in, we'll talk about the president possibly declaring victory when he hasn't won yet, and later, we'll take you to dixonville as

election eve actually becomes election day and votes are cast in the race. we'll be right back. ♪

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in the president's campaign, he's in michigan, one of the rustbelt states. he won michigan four years ago and he's focused on it now. tomorrow night at this time the wall will be filled with results. walk us to the path of 270 for both candidates. >> anderson, i have the map that president trump won in 2016 with 270 electoral votes because it helps to show what's going on right now. you mentioned where is the president going his final day, but also the reality of the trump campaign and what they need. the same is true for the biden campaign. look at the blue here. the biden campaign is going into tomorrow expecting and needing to win every state that hillary clinton won back in 2016. however, of course, that would leave them short. here's where the trump campaign runs into problem when you talk about the rustbelt. you talk about pennsylvania into the west. all the campaign has to do, and this is not a minor thing, flip pennsylvania, flip wisconsin,

fl rebuild the blue wall and that's all you need to do. right now based on strength in polling, based on the effort to rebuild the blue wall, there is some expectation that perhaps joe biden wins pennsylvania and wins wisconsin. we've been talking about pennsylvania and president trump's focus on pennsylvania. what if president trump wins the state of pennsylvania? even if he loses wisconsin, he's still at 270 votes. that's why florida is so important. it's a jump ball, it's a toss-up, it's within the margin of error. if joe biden wins florida, there is no way for president trump to win enough electoral votes which look viable at this present point in time. the difference between 2016 and 2020, different candidate on the democratic side and different states that are in play. i talked about florida. that's always a jump ball,

that's always a toss-up. but right now democrats are looking at georgia, they're looking at nevada. they feel confident that nevada may flip their way. what happens if joe biden wins georgia, joe biden wins arizona? all of a sudden he starts rolling up actual electoral college. he's lengthening that lead a little bit. you add the state of florida, you add the state of north carolina. you saw biden go to ohio. the biden campaign is seeing something. if you're winning ohio, you're likely winning pennsylvania. and here's another thing, texas is a legitimate toss-up right now. both sides of the aisle say that, but there was a surge of early voting. donald trump would match up to not necessarily the electoral vote but the map from 2016. joe biden has a clear path to 270 just winning pennsylvania

and up into the midwest. when you look at the polling, when you talk to democrats who believe the organization they've built and support they've seen all across country that this is a possibility, too. this is not the likely possibility, necessarily. texas, i'm sure everybody assumes, will probably end up over here. but based on what they've seen in the early vote, based on what has happened in the last weeks and months, anything is possible at this point in time. one thing, though, you've seen both candidates focus intently in the last couple days on pennsylvania. one thing about pennsylvania, it is unlikely we'll have full results of pennsylvania early in the night. however, keep an eye on western pennsylvania. there will be counties that come in. margins are what you're looking at. can donald trump match or do much better than what he did in 2016 in these republican-friendly counties? that will tell the story from

2016. we have rick santorum and go gloria borger. that republican group is now asking a federal appeals court to block drive-thru voting tomorrow. they already lost the bid to get 127,000 ballots that already voted to get them ruled ineligible. they're not, but now they're trying to get it blocked. basically it seems like taking the lead from the judge himself who sort of intimated that he didn't like the idea of drive-thru voting. >> these are not the actions of a party that feels terribly comfortable about where they are. you speak to republicans and democrats in texas, and think this race is going to be a few points either way. no one is expressing tremendous confidence, certainly not about

any margin. and, look, that's mostly true around the country. one of the things i'd be concerned about if i were on the trump -- at the trump headquarters is that all these polling margins in many, many states, even states he's going to carry, are much smaller than they were four years ago, and that's been pretty uniform. so if you do the math in the states that were close a few years ago, you worry about them turning against you. >> why do you want to be the party of voter suppression? >> it's not the party here. the party isn't behind this suit. >> but these are republicans who a are, a few of them, who are trying to stop these voters from getting -- >> the party is not supporting it. >> but i don't hear a lot of republicans in texas condemning these guys for doing this. >> they are. i don't see any republicans -- any leadership in the republican party that's supporting this case. >> i mean, they're watching it.

>> i think it's bad messaging. >> you think that -- do you see a difference between, you know, not invalidating those 127,000 and eliminating -- do you think it's okay to try to eliminate the actual drive-in voting sites? >> look, it appears that they've been able to run those voting sites in a responsible way. we are in a pandemic, and i think it's a reasonable thing to do. i don't understand why they're doing it, i don't know that there is any basis that they're claiming that there is a problem here, and it's disappointing that they're doing it because i just think it makes for a bad story that we talk about right before the election. >> but it fits in with a bigger pattern, and i think that's the problem. when i was growing up in the '90s, the republican party said we're part of the moral majority. and increasingly, over the course of this election the past several weeks, they look like the immoral minority. they seem to be willing to do anything to win this election.

the post office seems to have been corrupted. that is horrible. you've got intimidation tactics coming and apparently by the president of the united states, stuff you haven't seen since the 1960s. terrible. then at the end of the day, they seem to be prepared to claw back away from people their hard-earned vote. they're relying on the courts. so if you have an immoral minority party clinging to power, will use any tactic at all to hang on, there is something wrong with that party. you should be able to compete straight up and win, and you can't. so we have to see tomorrow whether or not that's true. >> i tell you, in pennsylvania, you could see a party clinging. the reason the president is upset with the pennsylvania supreme court is because the democrats went in and tried to change the rules of the game. >> in a pandemic. but the legislature and the governor couldn't negotiate. in fact, they did actually negotiated -- >> and they extended the deadline. >> they did negotiate it and changed the one-party voting, they changed the absentee rules to allow people to not have to

have any excuse to absentee, but they didn't go as far as the democrats wanted, so they went to court and the court then changed the rules. that's why republicans are complaining. >> to be clear, what was the change? the change was with a slowed-down post office, if you are able to turn your ballot in on time, and the post office is going too slow, you don't get disqualified. why is that horrible? i don't understand why -- >> when i talk to people in pennsylvania, that's not the one they're concerned about. >> that's the one the president is concerned about. >> the one where he thinks there's fraud is the signatures. >> i'm just telling you that -- >> the law in pennsylvania says that you have to match the signature on the registration card with your signature on the ballot. >> here's the message, though. republicans there want to win by reducing the number of votes that are counted. that's not a good strategy.

>> we want an election that's not fraudulent. it's, therefore, a reason. most states have that type of requirement. it's not there because we want to suppress the vote. we want to make sure that people aren't fraudulently voting. >> what fraudulent election has there been in modern american history? what's the fraudulent election we're all worried about? >> if you have laws in place -- >> i want to know what the gamble is. you're talking about a fraudulent election as if it's actually happened. >> i said we don't want a fraudulent election. there are laws in place right now in both states that actually do prevent fraud and we don't want to remove them. >> it's another form of -- >> we can't walk on the street in case the moon falls to the earth. >> are you suggesting we should let anybody vote? >> nobody is suggesting that. rick, rick -- >> but there has to be rules of when you vote and when it counts. >> what is being suggested is that people who vote and vote legally should have their vote

counted. and what the president has been saying is he doesn't really want them to count anything that is beyond -- >> i disagree. >> i understand, but that's what he's saying. he's alleging those votes would be -- >> the problem you have with the signature piece is that unless you're a handwriting expert, it's very hard to pull that off. what's happening over and over again is that people -- listen, i sign my checks differently, and that turns out to be a very good way to suppress the vote, so the court steps in and says we're not going to worry about that as much. but why are we even having a conversation with texas at all? arizona at all? florida at all? because there is a tidal wave coming, there is a reckoning wave coming. arizona should be off the map. why isn't it? one, a bunch of people had to leave california because of the wildfires.

internal to that state, they picked on the immigrants. they had the sb-70, a terrible bill. sheriff joe arpaio was terrible to people. the black voice, our voice, our vote. they got together to depend their human rights and now they're coming. they're coming. so you've got a reckoning coming. you've sowed these seats of discontent across the country. the sunbelt is in play because puerto ricans had to flee their island to be in florida, they're organizing a fight back. there's something happening beneath this and you're seeing the republicans pushing back, but this wave is coming. everyone stay right there. still a lot of ground to cover. senator murphy's thoughts over

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we are looking again at a live shot of where the election basically begins, a small township in new hampshire. voting starts after midnight in

about half an hour. this is a tradition on election day. results are tallied and announced hours before anybody else. as we wait for those returns, we've also been discussing president trump's predictions or warnings of potential violence because of mail-in ballots he doesn't want counted in pennsylvania. he also made reference to some sort of violence or potential violence while in the key battleground state today. he warned, quote, of physical danger because of this. the supreme court, and this is a quote, the supreme court decision on voting in pennsylvania is a very dangerous one. it will allow rampant and unchecked cheating and will allow an unchecked system of laws. it will also reduce violence in the streets. something must be done. senator murphy of connecticut joins us now. senator, thank you for being with us. president trump's prediction as tweeted might be misleading. it's more than that, isn't it?

>> what you have to understand is that there are right wing extremi extremists for months who are pushing trump's order to violence, making claims there is going to be a democrat coup on election day. and so when these individuals who are likely already a bit unhinged start to hear the president suggest violence is the way in which we deal with the way the votes are being counted, some really dangerous things can happen. and so when the president starts to connect counting the ballots to violence, he may end up incentivizing some of his more unhinged supporters to do some really, really dangerous things. it's just worth repeating, anybody that shows up tomorrow with the intent of harassing a voter to interfere in the election is committing a state crime but also a federal crime. you're going to get arrested,

you're going to do jail time. you shouldn't be listening to the president or your favorite right wing website. if you're going to intimidate anyone, stay home. >> and you might be thinking tonight, do i really want to go out tomorrow and deal with someone yelling into a bull horn or whatever. what do you say to anyone of any political stripe about their right to vote and about going out to vote tomorrow, if they haven't voted so far? >> listen, voting is going to be safe tomorrow. and i think the president in this tweet today is trying to create this impression that tomorrow may be ugly and, thus, giving reasons for people to stay home. and, in fact, of the 40 lawsuits that the president's legal team have brought over the past several months, most of them are just designed to create an impression of chaos so as to chill everyone's interest in voting. so you just have to remember that the president is trying to

create an environment in which people choose to stay home. the impression he is creating is not reality. voting is going to be safe tomorrow. there might be a few yahoos in some parts of the country that do something silly, but in 99.9% of the polling places tomorrow, you're going to show up and it's going to look about the same as it always has, maybe a bit more crowded but you're going to be able to vote. >> what states are you feeling good about for your candidate for vicandidate, for vice president biden, in terms of battleground states? >> we spend a lot of time talking about pennsylvania, but because of the way pennsylvania counts the votes, and the republican party is not going to count the mail-in votes until wednesday, it's not likely we'll get a result there unless it's heavy for vice president biden. the president is showing a bit

of a lead, there is a senate race there as well. our hope is that we're not going to have to rely on pennsylvania, and if we do, we have to understand it's not likely we'll know that result tomorrow night. i think we'll be looking at the east coast, florida, north carolina in particular and georgia and hope that there are a winner or two in those states so we don't have to worry about the president's claims that votes are or are not counted in pennsylvania. >> there's been concerns about early voter turnout among latino voters, african-american voters in florida and arizona and a couple other states as well. are you concerned? >> it's interesting, now we sort of operate under this premise that democrats vote mainly on election day. that's historically not the way it works. it's usually republicans and

older folks who tend to vote by mail and democrats show up on election day. i think you'll have a huge turnout tomorrow of democratic voters, black voters, latino voters, the process that often wait until election day to show up. i don't expect this premise that all of donald trump's voters have been waiting at home to vote. i think there are joe biden supporters that will be out there. i had the chance to vote absentee ballot here in connecticut, but i like voting on election day. i think i can do it safely, so i'll be out tomorrow casting my ballot. >> senator murphy, i appreciate your time. thanks. >> thank you. the courts have to not only deal with lawsuits over mail-in ballots. steve simon, his state decided not to appeal a federal court decision that could affect ballots arriving after election day from being counted. mr. simon, thank you for being

with us. the way pennsylvania is handling voting, which is entirely legal, the president is saying it will induce violence in the streets or result in massive or high-level voter fraud. what do you say to that? >> well, i can't speak for the laws of pennsylvania, but based on what he's saying, it seems reckless and irresponsible. that's not the way it's going to go down in minnesota. minnesota is number one in the nation in voter turnout for a reason. we always find a way to vote and that's been something that's been embraced in the bipartisan basis. i'm very optimistic about tomorrow. >> in terms of the court ruling in minnesota, what's the basis behind not challenging it? >> we're going to challenge it, we're just going to challenge it after the election. what the judge said was that our postmarked rule, which allows voters to postmark it by november, kind of hit a snag. it means we have to segregate and put in a separate pile ballots that come in after

election day. that runs counter to rules that have been put in place for months in minnesota. so we have to segregate the ballots. but we're gearing up for post-election demonstration. we have to pick our battles, and that's the battle we want to picks to ensure that absolutely every single vote that's cast is counted. >> so any ballot that's sent in, mailed in, postmarked with, what, november 1st, november 2nd date on it, that gets put aside? >> anything that comes in at all after 8:00 tomorrow night is set aside in a separate pile. what the court said was someone has to do something. nothing is going to happen automatically, but there will be a segregated pile of ballots that comes in over the course of days, up to a week, and somebody could choose to do something to those ballots. the trump campaign or anyone else could choose to try to invalidate those ballots. we don't think it should happen, we don't think it's fair or

justified by the law, so we're looking to put our focus there on a potential post-ballot election. >> do you have any sense of how many that would be? obviously you haven't received them yet. >> no. so hard to say. we'll know more in 24 hours. the more, the better, obviously. >> tonight minnesota is reporting 297,000 outstanding mail-in ballots that haven't been received yet. do you think the number could be that high, or do some of those people who -- what do you think? >> no, i think it's going to go down considerably. a lot of those folks are going to vote tomorrow, a lot of those a are ballots that came in today, and i think those numbers are going to shrink. we want it to be small as possible. it's not a pile of paper, it's people's votes, it's people's choices in a consequential election. and anyone seeking to invalidate

those ballots will have to make the case that they're getting rid of people's votes, not just a pile of paper. with the election just moments away, votes are about to be cast in the township of dixville notch, new hampshire.

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you're looking at what's become american tradition. the town of dixville, new hampshire. just aftbefore midnight, easter time. gloria, you have actually been to dixville knox. >> not at midnight, like the afternoon. >> you were like a newsie? >> i think hillary clinton won last time. so it's not predictive of anything. it's just a nice tradition. >> so, what do we see? do we see people actually casting their ballots? yes, i guess.

>> they're voting. yeah. >> and they all gathered together. so, they do it. everybody comes in, they vote, and then they count them right away. >> that's so cool. >> so, you'll know, tonight, the popular vote. >> few of us raised questions about it. >> so this is the start of the election. david, let's talk, a couple minutes, anticipation, what you need to look for tomorrow? >> i think one thing you need to look for is where the turnout is coming from. there is a sense that, because democrats voted early that, somehow, this will be a disproportionate turnout. but turns out, florida being one of them, republicans did a pretty good job on early vote. so it means that it may not be as disproportionate tomorrow. and i think that's what you are going to be looking for. i think you're going to look for turnout in cities, because that was where hillary clinton fell down. in pennsylvania and, particularly, in michigan and wisconsin. you're going to want to look at that turnout. so, it's really, now, a matter of evaluating where the votes

are coming from. >> and when you think about it, last time, it boiled down to, what, 70,000 votes in three states. >> three states. and i think, this time, it's -- those three states are still going to be very, very important. but we're not going to get the results from pennsylvania, for example, early. so i think what people are going to be looking to very early tomorrow night is the state of florida because everybody knows that, if joe biden does very well or wins the state of florida, which is already counting ballots, as we speak. so, we would get a result from florida, presumably. if it's clear and if joe biden were to win florida, then he'd be well on his way. if donald trump were to -- were to win florida, then i think it would be a longer night, and he'd have a better shot at the presidency. so, i think the first, big thing we're going to look at is florida. then, perhaps, georgia. then, perhaps, north carolina. >> a longer night or a longer week? >> i would make the argument you have to look at ohio, too.

because ohio's always very similar to pennsylvania and if -- if -- if you look at the vote in eastern ohio, and you see trump just blowing it out in eastern ohio. then, it's going to blow out in western pennsylvania, too. i mean, they're two sides of the same coin. so, if ohio is tight and -- and it's looking like a one or two-point race, then i just don't see how trump wins pennsylvania. it's just -- it just -- ohio is a more reliable, republican state than pennsylvania. now, the fracking is bigger in pennsylvania than it is in ohio. so, that may offset it but ohio would be a very key state to look at early. >> tomorrow, is it going to be a youth quake, you know, or not? every election, it's like, oh, the young people are coming. the young people are coming. and usually, they don't come. >> i remember, in 1996, my first election at abc news. i was the youth-vote reporter. i didn't have a lot to talk about. >> exactly. but -- but it's going to be

interesting. once you start pulling this stuff apart, it seems like some of the -- the youth-led energy in the summer is translating over into the campaign. is translating over into the ballot. so, that will be very interesting if, for the first time, a big, big youth quake actually hit. >> you could see it in the early vote. i mean, the early vote was impressive in terms of youth participation. so, young people are clearly motivated here. >> i'm just curious to see how -- because there are two worlds when it comes to covid. republicans, you know, mask is a sign of, you know, defeat. and -- and -- and democrats who are taking this very, very seriously. and are very -- is that going to have an impact on election day? will there be democrats who will simply not go to the polls because, you know, they hear there's big crowds? and everybody's talking about a big turnout, election day. is that going to scare some people away? it won't scare any republicans away. >> it might scare senior citizens away. who like -- who like biden more than trump, these days. >> the democrats have been so

covid cautious on all of the gotv stuff, whatever, so we weren't knocking on doors. we were doing text stuff. the trump people were out there knocking on doors. so we took a big gamble, we're going to be covid cautious, we're going to use text messages, whatever. we might get punished for that. look. michigan. detroit. there are neighborhoods in detroit that used to get knocked on all the time. they're used to having things on the door to tell you where to go vote. that stuff is now coming late. so is the covid caution of the democrats going to hurt us tomorrow? we don't know. >> last six, seven weeks, they've been doing it. but republicans have been doing it, all summer long. we've been knocking doors. we've been registering voters. >> i'm sorry, rick. >> i said, if there's one area that's been telling is in pennsylvania, we closed the registration gap this summer because we were knocking doors and getting registrants.

>> no good deed goes unpunished. >> i was just going to say on this turnout issue tomorrow, i mean, 100 million people have voted, already. at some point, you max out. this is going to be a smaller turnout. even if it's a good turnout, it's going to be a smaller turnout than we saw at the polls in 2016 because so many people have voted already. >> and, you know, i have to say, the one characteristic that has run throughout this election is how stable it has been. it has been sort of eight to ten points for biden. you have seen the numbers for seniors. you've seen the numbers for young people. i mean, it's been so -- >> that's the only thing about this. >> but it hasn't changed. so, if there is an earthquake that was unpredicted or that we didn't see tomorrow, that's going to be remarkable. >> the only thing i would argue with that is there is a group of pollsters. we all know who they are. who -- who -- who poll the silent-trump vote. >> yes. >> and there are a group of pollsters out there.

you can say they're wrong and they may be. but they have seen the race change. and whether they're right or not is going to be the question. >> i want to hand it over to chris for "cuomo prime time." >> all right, my friend. this is it. this is the moment we have been waiting for. just a few minutes from now, dixville knox. hey. got to start somewhere, right? we're watching it in realtime. we like it for a couple reasons. one, it's quaint. right? this starts in such a small way, in this little ville in new hampshire. they vote. the population according to 2010 census was 12 people. so, they come in -- what's' interesting is there is actually a little troika. there are three little villages up there in the northern part of new hampshire that always did this early. not like since the 1800s. this is like 1900s. i think 1948 was the earliest of

the three towns to start it but they didn't do it uninterrupted. they have a dozen people. you have nearby millsfield. they have like twice as many people but they don't do it up as much as dixville notch does. predictive? not really. let's bring in chris. chris, let me know, with your enpsy encyclopedic memory, chris lizza and chris cuomo. to begin our election-day coverage, it really starts this lovely tradition of going up and, remember, small places matter. this was a place that began as accommodating the votes at midnight for railroad workers. it's a beautiful tradition. we'll be watching it here. new hampshire has voted with the winner of the popular vote, like, almost every time, right? >> yep. it is -- it's a pretty

remarkable bell weather, you're right, chris. >> the state, overall, has voted with the popular vote. they voted with clinton by, like, .37. i mean, she lost the election but she won the popular vote. >> that's right. extremely, extremely close in 2016 and is a state, broadly speaking, although, most people, myself included, would be surprised if joe biden doesn't end up winning. i will tell you, i have been to exactly where they are. that guy has the most new england sweater, ever. as a guy from connecticut, the reindeer, that sweater, my dad had one of those. >> strong. >> i have been there. we used to vacation up there and i have been right towards where they are casting the votes. it's a really cool tradition. >> you do the research, every four years, right? we always look into this. and well, they are the smallest and they do it up more than millsfield. there is a third place that does

it, also