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top of the hour this tuesday morning. i'm jim sciutto. >> and i'm erica hill. happening right now, no wait. a georgia election official telling cnn the average wait time to vote in the senate runoff election under two minutes. this morning more than a quarter million votes have already been cast. as republican senate candidate herschel walker looking to unseat raphael warnock. we're live for you in atlanta. >> plus total blackout. more than 35,000 customers remain without power and moore county, north carolina.

schools closed. officials looking for the person or persons who sabotaged the infrastructure there. the mayor john strictland will join me with the latest details. we begin with georgia senate runoff. cnn correspondent dianne gallagher is in a polling site in fulton county, georgia. so polls open for about three hours now. what is the turnout look like where you are? >> reporter: so, you can't tell because there are no long lines behind me. but, look, that is a good thing for voters. the georgia secretary of state office unofficially estimated that at least a quarter million of people have cast their ballots today. so people are out there voting. and wait time under around a minute and a half right now. so it is a swift process if you're in the right place. of course, a lot of georgians, more than 1.85 million voted early through the five mandatory days of early voting. long lines during that period.

but you were going to different areas then. we've seen a lot of confusion at this particular precinct in southwest atlanta where people are coming here thinking this is where they're supposed to vote and they're told you can't vote here. this is not your home precinct. to be honest, within the past hour we've seen more people be turned away than have been able to complete their ballots at this particular location. for those who can, though, they tell us, it is been a very, re painless process. >> the lines last week was so long, i couldn't stand it so i knew that i could come today. >> we walked right in. it is not a line or a wait. >> my experience today is wonderful. like always. whenever i come, i always come after the early vote. and i never have to stand in line. >> reporter: and, again, polls open until 7:00 p.m. here in georgia. and as always, if you are in line when the polls close, you could stay in line and vote. >> absolutely.

dianne gallagher, appreciate it. thank you. john berman standing by at the magic wall this morning. so there were new rules about early voting in georgia. did that have an impact on turnout. >> that is one of the main things we're waiting to see at this point and will be one of the most interesting things to watch. what we do know is now this this election, i'm going to write now, we've had 1.8 million early votes. 1.8 million including some days with record numbers of early votes. but, but in the election one month ago, there were actually 2.3 million early voters and if you go back to the runoff in 2021, on january 5th, it was actually 3.1 million. so that number that you're looking at right there in terms of early votes right now, where you see 1.8 million voters. it is a lot. but what we want to see is if the same day vote, the election

day vote is greater. because the reason this is lower right now is there were far fewer days of early voting. there were five mandated state wide vote days for this runoff and it is way much longer period before the november election and longer before the election runoff in 2021. so, will there will be more election day votes as a result? or will the proportion of election day votes go down as well. democrats, last few elections have tended to vote more in the early votes. republicans more on election day. we're waiting to see. we just don't know. because this is a new day for the runoff. it is a month earlier than it was two years ago. in terms of where to watch today, i pointed out to you before and i'll do it again, there are three counties, jefferson, sumpter and clay. and what they have in common of the 159 counties in georgia, it has the second highest number of counties in the country after texas. out of 159 counties, these three voted for the democrat candidate

raphael warnock and the gubernatorial candidate brian kemp. they went republican for governor and went democratic for senate. herschel walker, who trailed raphael warnock only by 37,000 votes, he needs to win counties like this that went for brian kemp because you could see had herschel walker got 1.9 million votes one month ago. the republican brian kemp got 2.1 million. he got 200,000 more votes. so herschel walker needs to make up some of that gap there if, if he wants to beat raphael warnock today. jim and erica. >> john berman, appreciate it. thank you. joining us now, bill nugget, host of georgia public television political rewind and jeff zeleny. bill, if i could begin with you. ultimately we tend to talk about this race in national terms,

democratic control of the senate. in this case 51-49 and the impact of herschel walker but were those national issues the one driving this race. is that what is going to make the difference here or is it more local issues. >> well it depends on which side of the campaign you're on. in the herschel walker campaign, they have spent most of the type trying to tie raphael warnock to president biden. making it a national issue with all of the kmercommercials thate been run by the walker campaigns or the pacs. many of them are all about he's a rubber stamp for president biden. so they try to nationalize the race. a raphael warnock on the other hand has talked about issues that are of important to people in georgia. a primary one being the fight that he made to lower the cost of insulin that he was able to

get at least part of what he wanted through. so, yes, republicans wanted to be a nationalized race. warnock wants to talk about what he's done for the people of georgia. >> and it is interesting, a former lieutenant governor said the party needs to break the vicious cycle of addiction to trump and it is time to figure out what the real leader is. as everyone watches in this race it is yet another one that will be scrutinized for the former president's pick here. is the republican party, is there a sense that based on recent events is maybe ready to move on, jeff? >> we'll see. i mean we've been at this juncture several times before where it seems the party is ready to move on. i think the officials are, but the life blood and the rank and file of the party have not indicated that their ready to move on. there is no doubt that the former president is hanging over this race in every way. we should remember, he's the one

who recruited herschel walker run for the senate here in georgia. most soenl republican leaders including mitch mcconnell were not enthusiastic at all about herschel walker winning and he was exhibit a. comment that mcconnell made this year about a lack of quality candidates. now they got on board. but the reality is that donald trump remains a double-edged sword. he inspired his own base but he turns off independent voters. that's the story in state after state in november. we'll see what happens today here in georgia. but it certainly is going to sort of end the year and begin the new year with refrn with a but the voters have not signed on with any trump endorsed candidate. we'll see if that holds today as

well. >> there was a change to georgia voting laws following the 2020 election and shortening the number of early voting days before a runoff election like this one. traditionally it is believed democrats have an advantage in georgia in those early voting days, republicans on the day of. is there any evidence to date, at least well in this election it is early, but in the rprevios and the midterms, that those changes advantaged one party over another. >> i think yes. and i think you just heard that a little while ago from jeff berman. but what the previous runoff election for senate in 2021, which put two democrats, jon ossoff and raphael warnock in the senate, that was a nine-week period. and democrats turned out in huge numbers over 2.3 million of them in early voting there. the fact that then the republican legislature decided to compact the runoff period to five days did, in fact, make it

less available, make early voting dates less available to black voters who tend to have a more rigid work schedules, according to what democrats say, than many other people that could turn out to vote. that five-day period has really suppressed to some extent what we might have seen with a nine-week runoff, how many demo democrats might have cast ballots. >> there has been such added importance to the races in georgia over the last two election cycles. the newly propose the 2024 calendar would move georgia up to an early primary state. do you see georgia, it is poised to become more of a national player in future races and, if so, what is the resource structure like for that? >> there is no doubt that georgia is now one of the classic american political

battlegrounds. it really has taken florida from this. it is a battleground. we'll see today if it is gooding to turn blue, at least in the senate level. but it is a purple state without question. we're seal if there are two democratic senators or a split there. but no doubt, georgia is a top battleground for the next elections to come. >> would it be okay if i made a point about that. >> sure, quickly. >> really quickly. although the dnc would like georgia to move way up in the presidential primary schedule, that is going to depend on the fact that georgia's legislature is controlled by republicans. the secretary of state's office has already said that they're not enthusiastic about georgia moving up in the schedule and so i'm not sure that the state is going to -- the republicans in the state are going to allow this to happen. it is going to be an interesting

battle in the weeks ahead. >> no question. we'll watch. thank you so much to both of you. cnn special live coverage of the georgia runoff starts today at 4:00 eastern time. members of congress set to come together to give the body's highest honor to officers who help protect the u.s. capitol during the january 6 riots. the capitol and the d.c. metropolitan police who defended members of congress and vice president pence from high rioters. they're been hoppered with a congressional gold medal in the capital rotunda. >> joining us now, manu raju, the gold medal, there is an enormous honor to give these soldiers who laid down their lives. what do we expect to see from congress today? >> yeah, the highest honor that congress could give to the u.s. capitol police, the metro police in d.c., that defends the capitol on january 6, 2021.

we do expect to hear from all congressional leaders. the way it will go down, nancy pelosi, the outgoing house speaker is expected to give remarks that is following kevin mccarthy and mitch mcconnell, the senate republican leader, the minority leader and also the senate majority leader chuck schumer. there will be remarks and singing of god bless america and a chaplain and the meddol will be honored. republicans and democrats came together for this vote but there were still some who voted against this. there were 21 republicans on the house side who voted against voting the gold medal to the u.s. capitol police, the d.c. metro police and contended there were different version of the bill that they supported. one of them i just spoke to this morning, chip roy supported a different version of this bill. but nevertheless, there was some dissent on the republican side of the aisle to giving this gold medal. but the republican leader kevin mccarthy was asked at the time about this. he sort of brushed over those

divisions under the rug. but he is expected to be among those speaking today here in a matter of minutes as congress comes together to award the high loner to the people who protected this building. >> manu raju, thank you. still to come this hour, federal and local investigators still searching for suspect as well as a motive behind the north carolina power grid attack this ch has left tens of thousands without power still today. the mayor of one of the cities impacted will join me live next. plus, russia said that ukraine launched attacks against two military air bases well inside its territory using drones. we're going to have a live update just ahead. also ahead, the supreme court set to take up a controversial independence dayp legislature theory. how this ruling could impact voting and much more around the u.s.

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right now more than 35,000 people in moore county, north carolina, have no heat, and no power. for a fourth day. the governor roy cooper said that the damage the person did at this station here is enormous and called the attack on the north carolina power grid criminal. >> this was a specific act. the person or persons knew what they were doing. and what it took to disable this substation. so, what we're going to have to do is to work with state and federal officials and i think this needs to be a national conversation about the level of security that we have at these substations across the country.

>> that is quite a task. schools in the area remain closed. state of emergency in effect as the blackout is causing car crashes because the traffic lights aren't working. in addition, fires as well. people trying to find alternative ways to heat their homes. joining us now is the mayor of pinehurst, north carolina, jim strickland. thank you for taking the time this morning. >> you're welcome. thank you. teams are working to get power restored. when is the best estimate as to when residents will have their power back. >> it is a good news, bad news situation or challenging news, i would say, jim. we started with about 45,000 customers without power in moore county and pinehurst on saturday night. that number has declined to 34,000 and that is good news and that is declined but that means that we have 34,000 people who are challenged by cold homes and lack of light. the best estimate now according to duke energy is thursday to

try to have power restored across the county. >> do you have have any more information about who, what group or individuals were behind this attack, are authorities sharing that information with you? >> i have nothing to add beyond what the sheriff and the state bureau of investigation and the fbi are doing. and i think for the benefit of our citizens, i wouldn't wouldn't to make any speculation because it is the law enforcement activities that will define what those problems cause and would do it. >> understood. looking back, there was a war warning from the department of security that north carolina and other states around the country could see a threat of attacks from domestic violent extremist groups with a particular focus on power substations and an idea that that would cause unrest and violence to take the power out. did you, as mayor of pinehurst,

receive or were you aware of any warnings prior to this attack of a threat like this? >> no, but again, that information would be best kept at the level of our law enforcement authorities and again they would be the ones to comment further on that. i'm sure you're doing that. >> you heard the governor, roy cooper there, talk about how states around the country have to be thinking about this. they have to be thinking about the power grid being a potential vulnerable point for attacks and but that is quite a job, right. in your town, in all of the towns around america where there are substations like this, it is quite -- it is quite a infrastructure or system of infrastructure to protect. do you believe that this is something looking forward you're going to have to provide better protection for to prevent another alook like this from happen. >> it is something to consider but we could take direction from the governor on that and all of

the authorities looking into this investigation and figuring out really what did occur. i think speculation again at this point is not helpful and is really, we're trying to create the best information system we can for our residents and give them information that they need to exist over the next few days. and speculation about other issues related to how it are kept are best left with the governor and the fbi. >> do you have a message for residents still impacted by this, the many tens of thousands as they-a wait for relief. >> sure. and it is really this. and as i mentioned earlier we have is it challenges still. people are waking up today cold and dark. luckily, jim, the weather is a bit of a help to us here in that cold temperatures we have over the weekend are being replaced by much warmer temperatures today. even up into the 70s by daytime tomorrow and thursday. so, we think that will give the work crews of duke power who are

resolving these damaged centers, the opportunity to complete that work in the quickest time that they can. but again we have to be patient with them so they could get their work done and do it in a good way. you know, we're the home of american golf here and the core of our village is a landmark so we're used to dealing with situations, not quite like this. we have occasional hurricanes and ice storms that take the power grid down occasionally. so we have plans and i think the plans of our staff are being well acted out by our public services staff and also our public safety officials who are coordinating with us on all of this. >> well, listen, we wish you and the teams the best of luck. mayor john strickland of pinehurst. thank you for joining us. >> thank you for your time. ukraine president volodymyr zelenskyy visiting troops around the front line. we have the latest on the russia

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which have been part of the attacks on ukraine infrastructure. >> and civilian targets. as russian strikes reported overnight in the southern zaporizhzhia and dnipro region damaging critical infrastructure and residential buildings. joining us now to discuss, mark hertling from the 7th army. great to have you on lieutenant general, to walk us through the latest developments here. a lot of questions for you. first i wonder, if you could give us a sense of where you think this war is right now? ukrainians made progress in the south, recapture kherson after making unexpected progress in the north a number of weeks agoarn kharkiv. russias that struck back by hitting more and more civilab targets. are russians retreating in this war? >> i don't believe that is the case, jim. i think what is happening right

now is the donbas region we're talking about a artillery slugfest. there has been an exchange of towns, ukraine has gained a couple of more territories within that donbas reason in some tough fighting and artillery duels but it is tough to conduct a break through. they don't have the ability to break through the trench lines but quickly gaining it. if you go to the southeast, what we're talking about over last couple of months is we've seen some great advances by ukraine on the western side of the dnipro river. but now they have the river as a natural barrier. every military commander has to consider roads and river and bridges and terrain features and now ukraine has to conduct attacks across that river which is in some cases mile or two miles wide to get on the eastern side to continue to disrupt russian forces. they're doing that by conducting artillery raids, precision weaponry targeting on the

eastern side, against the russians. but think what we're going to see because of less daylight, more cold weather, the fighting won't stop but it will slow down significantly. but truthfully, jim, on both sides, it is still a tough fight and ukraine continues to gain ground. >> in terms of where the war could be shifting, ukraine is not commenting on the alleged drone strikes which i believe were up to three now inside of russia air bases and russia territory. what does that signify to you? could this be also a new phase of this war? >> it could very well, be. erica, that is a great question. from the ukraine side, first of all, it was a great strike but everyone is focusing on the hitting of the targets that those three airfields. but there is a whole lor more to

from a ukrainian gem standpoint. they have to get the required intelligence and then a complex set of targeting drills and then they have to sink ronnize the travel of the weapon systems and the electronic gear after they areceive thep russian air defense capabilities of deefting the targets and i would also suggest that they have included special operations to determine where the best targets were as a surprise to the russians. if you look at the russian side from a russian general perspective, first of all, they're number one trait is hubris. they think that is defensive capability inside of russia far away from the front lines. they've just found out on a couple of occasions they don't. that first happened with the muska, the ship that ukraine safrpg, and then it happened in crimea. now ukraine is fighting hundreds of miles inside of russian territory. and there was no air defense against whatever struck those airfields. one of the things that is

fascinating to me is air defense for the russians are either s-400 or s-300 missile systems. p russia is using those against civilian targets in ukraine. that means they've taken them away from defending airfields within russia so i'm sure there are very embarrassed and egocentric russian generals saying how did we allow that to happen and be questioned by the civilian population as well. >> hundreds of miles inside of its territory. yet one more thing we've learned from russian military capabilities, mark hertling, thank you so much. >> thanks, guys. appreciate it. the supreme court is set to hear arguments on a north carolina redistricting case that could change the landscape of election law and voting rights. how? stay with us.

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tomorrow the supreme court will hear arguments in a major case that experts say could have consequential ramifications as democracy as we know. it the case comes from north carolina and has to do with restricting where republicans wan the supreme court to adopt a theory known as the independent state legislature theory which asserts that state legislators are all powerful, when it comes to elections and how they act and could curtail the ability of state courts to review whether new voting laws even comply with the state's constitution.

joining me thousand to discussion is mightal wallman, president of the brennan center for justice and we've had a great explainer which is important. and one of the things that you said is the notion that state legislators have sole power over election rules is extreme and historically imaginary and one of the most radical power grabs ever. the reality though is this would not ultimately be just about elections. so if the court upholds this theory, this would throw checks and balances out of the window. is there any way to get that back if that happens? >> well, the most important thing i think is that the supreme court rule as it has always ruled on this, which is that state legislatures are -- are under the coverage of the constitutions of the states they're in. which means that courts provide checks and balances, governors sign or veto bills and the voters too pass ballot measures. that is the way it has been

done. and this is whacky and misguided idea that the constitution meant to give all of the power to state legislatures, with no checks and balances and as we all know politicians will abous power and to gerrymander and there is a reason why this is not the case up until now. >> so up until now, because we should point out in 2015 the supreme court rejected this theory. so when you say up until now. we're here seven years late, is this case here because the makeup of the court has shifted so dramatically? or is there something more to this particular case that warrants it being looked at? >> well, we know that the court has now a very conservative supermajority. and you only need four votes to hear a case. so, that doesn't mean there is a majority who embrace this idea. but there is nothing in the way that the country is running,

donald trump did this when he was trying to overthrow the election, but the case in north carolina is a great example of why this would be a bad idea. it is a very politically divided state. democratic governor, republican legislature. the legislature drew a gerrymandered map for the congressional seats with about 11 republicans and four democrats. and state supreme court under the state constitution said you can't do that. the legislature said, yes we can, the constitution of our state doesn't count. we get to do whatever we want. it sounds like a made-up story but that is the facts of this case. every historian, the founder of the federalist society, the lawyer who argued bush versus gore for president bush, all have weighs in here saying this would be a bad idea for democracy. it is not about one political party or another, it is about making sure that our system works. >> what will you be listening for in these arguments? >> well, for starters whether

the vast volume of evidence about what james madison intend and what persuades some of the justices who say they're originalist and want to follow on what went on way back then, the evidence there we would say, i would say, is pretty strong and pretty solid. i think it is also the case that some of the justices will probably try to find some way -- middle ground and really what they need to do is reject this notion. you know, jay michael luttig, the former federal judge thinks this is the most important case on democracy that the supreme court has ever heard. that would be especially true if it comes out in a really bad way. it would overturn hundreds of laws, constitutional provisions and lead to chaos all over the country. >> and in october, before i let you go, you wrote public awareness is key here. this could be a little

convoluted and it is confusing. does it feel like there is an increase, do you have any sense that more people are starting to sit up and pay attention and say this could be really bad. >> you're right. it could be a little archaic, but the bottom line here is pretty simple. we think and we think that the constitution thinks that checks and balances to control and make sure that no part of our government can grab power and abuse that power, those checks and balances are really important. that is what is at stake here and whether voters get to have their say on the people they elect. in the end, it is -- there is not a lot of history here. there is not a lot of theory. it is pretty simple. >> michael waltman, appreciate your time today. thank you. >> thank you. just ahead, a surprising bipartisan effort to legalize daca recipients. two senators, a republican and a democrat, present a framework to

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all right. listen to this. two senators, a democrat and republican, are taking a chance on a bipartisan bill hoping least to move forward on

immigration reform. sources tell cnn that republican tom tillis and kyrsten sinema want to improve border security and provide a path way to citizenship for daca and extend the policy for the expulsion of migrants encountered at the souther border. >> they have been working on this for months. there is no text. it is also unclear whether there are enough votes to advance it. joining us now with more, cnn's priscilla alvarez. how far along are they in this process, priscilla? >> well senate aides have stressed that this is a draft framework and as of yesterday afternoon, the white house and senate leadership were not involved in discussion. all of which tells us that this is still a long ways away. but the framework has come together to some except. and it includes a few key points. that is at least $25 billion in funding. that includes for example a pay

raise for border patrol agents and resources for u.s. customs and border protection and speeding up asylum processing and that key add that it would extend title 42. that is the public health authority that allows for the expulsion of migrants at the u.s./mexico border. and in ex change for all of that, it would provide a panel way to citizenship for around 2 million dreamers. those are undocumented migrants who came to the united states as children. now, this is legislation we have been talking about for over 20 years to provide some sort of recourse for that population of undocumented migrants. this framework is now starting to come together, although again senate leadership have not been involved in the discussion. dick durbin, a long time advocate of daca did say that he was applauding the efforts of the senators, so we'll see where it goes. with a lame-duck session, democrats have been hoping to make some headway on

immigration. >> priscilla alvarez, you'll keep us posted. thank you. a claimed actress kirstie alley has died at the age of 71. j aust head, a look at her legacy and her work. and borrow up to $100k. sofi. get your money right.

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sad news to report this morning, actress kirstie alley has died. >> i hate to see such familiar stars go. two time emmy winner, known for her role as rebecca hoe on the tv sitcom legend "cheers" and in a whole bunch of film including "look who is talking." and khloe has more on this. so familiar through so many decades of television and movies. how is hollywood reacting? >> first of all, good morning and i was shocked.

because nobody knew other than people in her close circle that she was battling an illness. we still don't know what exactly the illness was. but there was an outpouring on social media because she's one of the most famous faces in hollywood. she was iconic in so many roles and i want to talk about john travolta, as kyou know, they starred in look who is talking and kirstie said that john was one of the greatest loves of her life. and that there were times that she actually said, that i wanted to pursue a romantic relationship with him and i think he felt the same way about me but we were both married. she was marry and he was married to kelly preston. here is what john said on social media. kirstie was one of the most special relationships i've ever had. i love you kirstie. i know we will see each other again. look, you know, they cared for each other. and i have to say that it is also been a really tough year

for john travolta. obviously kelly preston didn't die this past year but he lost his wife and a son and then olivia newton john who passed away. so several of the closest women in his life, he's suffered a lot of loss. but i would say that kirstie and john, they've had such a special relationship and it is really, really was beautiful to see over the course of their onscreen relationship and their friendship. also jamie lee curtis, who was very close can kirstie, she took to social media to grief her and she was a great comic foil and tv screen and in a beautiful momma bear if her real life. and we know she had a daughter and a son and they announced the news of her -- of their mother's passing on social media yesterday. >> so sad for her. so fad for her family and friends. her children. khloe, thank you so much. and before we leave you

today, special musical moment. neil diamond surprised theater-goers of a big hit. during the opening night of the new musical based on his life and career. ♪ ♪ sweet caroline ♪ ♪ good times never seemed so good, so good, so good so good ♪ >> yeah. i think the people knew the words, erica. >> i think they knew one or two. perhaps it is a very popular karaoke song. and that performance arare appearance for the 81-year-old music icon. 'annou 'he announced his retirement due to parkinson's disease. and i think i need to go see the show. there we go. >> i'm sur