white house. >> will the final numbers be a hint to wins? we''l have our presidential prediction. lori: and riley mode right now let's get to the floor of the new york stock exchange with nicole petallides. of the dow was up 100 points but what about the european and use jenna? >> absolutely. ben will list noted that here in america one reason you see the cash coming to u.s. equities. but undeniably a great day. up 1% and remain there. some of the leaders include names like hewlett-packard's

, united technologies, travelers, boe ing, alcoa. financials. a lot of discussion politically they're talking leaks and who is better for the market's there is conversation going on but you can take the up arrow. lori: en bereday is halfway through in florida fell line is not winding down. look of this polling site is consistently has more than 200 people of course they say it is taking hours as floridians of line up melissa francis is there. what is the take away? >> this interesting.

we are an tampa, a hillsborough county. it is slow and steady. it forced officials to go to the absentee voting and% absentee? it got the job done 38% came and voted ahead of everybody else. they are getting hammered with advertisement the entire commercial block every single one. the stations must be making a killing. but they like the attention. >> not until ohio we had a good for a while it will

still be close. >> he was mad ohio steals the attention. people like them and find them informative which we thought was interesting that people get hammered from all sides we are right along the corridor dividing the state between north and south. traditionally north is republican and is out this democratic. that line is fought over we are considered the swing county of the swing state it is largest with electoral votes. 29. winner-take-all this will go until the polls close at 8:00 p.m. we will check in

later. tracy: a dead heat both are within a one percentage point* of each other romney and holds 410 percent and obama at 48%. bill kristol joins us now. everyone takes a guess i think it will be a disaster because of the recount. >> i will take the opposite. i do not want a disaster. it will be very close and the states will be resolved if i have to bet to i think it is meant romney if anybody says they know what will happen is kidding themselves.

>> what about ohio? with winner-take-all? >> this important and virginia the lines are very long. there will be at huge turnout if those are republicans who stayed away? obama of voters he successfully mobilize? that is a big question. looking at ohio you don't know that is a good predictor it is extremely close with the tiny edge two romney . gallup, of rassman singh, a battleground poll is dead even but try to adjust for likely voters but the more

conventional hour four obama think republicans will do better than that. it is those close. piura. tracy: i do to. but wisconsin could do it any time. virgin yak by petition and there are trigger points. those independent voters could swing either way. >> i thought more days i thought pennsylvania's are likely to swing than people thought. he had a huge rally there is much less advertising you lived in northern virginia that is all use the. pennsylvania was more fluid he did not have months of being attacked on bain

capital. wonder if cole county and romney attractive to the suburbs i would not be surprised to see him win pennsylvania that would be a dramatic development only a swing state over the last four days. lori: would you hearing about voter turnout that republican and is higher than democrats? >> and democratic areas it is high. of more republican areas it seems i. everybody thinks it is an important election. if we have high turnout and a clean election, and a

clean results is the best of all outcomes. i do think the turnout seems remarkable even in washington d.c. we know which way they will go people are doing their civic duty. tracy: clean is the operative four. [laughter] you have to believe somebody will contest this. lori: we compare this to the year 2000. >> don't go anywhere. fox business is the only place to be. stuart varney, lou dobbs and neil cavuto will not go anywhere. 5:00 beyond -- seven copy of eastern. lori: hopefully bill kristol is right and we have a decision.

the market is holding up as soon as you know, the name of our next president. >> the critical week for greece austerity ramps up whether it should abandon the euro. look at the metals. gold, silver, copper heading

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tracy: deja vu all over the market was up yesterday now they do would again? >> presidential stocks starting with energy and betty knows the coal stocks but in solar for both presidents obama first solar is a big jump but it is a huge. also under romney but we will go into would treating war by the give is silly over solar panels. it is up about $0.90. defense. self-defense everybody worried about the second amendment. those stocks have been hot.

tracy: we have been worried about this the last four years. >> people think the second term the gloves, and i learned something about us getting rid of bayonets. boeing makes the airplanes or the romney victory boeing should do well. american business. but security general motors, wheat sales but u.s. businesses with the centric economy, i think it would be head giant winner under romney. most of the mitt romney stocks are doing well but then you have intrade that says it is the president but

i think it will be a bit romney victory. he has it. lori: let's check the market up 160 nicole petallides is that new york stock exchange >> everything is a wreck the related to washington. we look at the exchange traded fund one that makes aerospace and defense that is so closely tied to washington. it is perceived as ground zero and according to one analyst we don't see too much movement but investors are not too concerned about what will have been. defense than 98 contactors are at risk of being hurt for aerospace and defense.

>> we probably will not seek movement until congress makes the decision. lori: of fiscal cliff and questions are still ahead with the uncertainty. >> anger in the streets of athens many have walked off their jobs. from the nation's deficit and a stalled economy. there should be a new wave of cuts tomorrow it needs to pass to receive $39 billion of financial assistance from the upn union and imf. transportation, stores, state agencies are closed and police are on duty and steel barriers set up around parliament to protect from

attacks ahead of the vote for i felt it was very quiet >> at least we were not paying attention that it is on the brink of civil unrest lori: also those with my theory on the rally it is a huge day for the market as americans go to the voting polls. remember the of fiscal cliff? we will talk to scott from wells fargo ahead. tracy: turney gasparino will tell us what he hears from wall street. the dow was up 151 points. look at the dollar is down. the japanese yen is up.

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tracy: talk gain

presidential election and it is so close looking at the five best and worst performing stocks since the last time we picked a president. >> looking at the top five best and worst performers. priceline gets a boost. these are five years towards the key back the past four years. going up 1100% travel has baird very well. whole foods has gone up 870 3%. automation -- nation as people were fixing up their cars. expedia. and those travel stocks are

the top performers over the last four years. the worst? solar down 85% the president made a big push and also citigroup. a coal stock with the attack on coal has been a big part of the election and also h.p. keogh is on the list. tracy: we were just talking to charles payne. >> it is like the biggest casino. nobody knows. although charlie gasparino is hearing obama will win the reelection. he has the latest with conflicting signals. >> i will add to the casino

atmosphere it is fun we did the romney portfolio and obama portfolio and you know, what hits the fan we may do that later. if we have the fiscal cliff with the obama presidency and republicans in congress and a stalemate. i think it order for mitt romney to win, i am not mr. thomas but the trend shows obama will win reelection and pretty easily but we do not see the news trend. that said look at trading is looking at the mitt romney victory financial's, defense

contractors, that is interesting why they move is beyond me. financial's have moved up significantly takes to the group out of it the most diluted stock in the world but they are up as well. why? the romney presidency he would get rid of the nasty stuff of dodd/frank. why is industrial up? there are defense contractors. people are making bets for mitt romney if you look at intrade heavily weighted to obama at even though every wall street ceo, a lot of

them, everything they hear is on wind. another caveat. david axelrod has been reaching out to people associate with will street predicting a very easy win for obama's. >> of course. >> even when you have it in the beg you just don't do that. i wonder that is a ploy. if you are that over confident. i take it as a sign of weakness. going contrary to coal, gold was up that should point* to the obama victory because you keep them bernanke bernanke, printing money.

say what you want about my survey or intrade. >> $31. >> that it is a good point*. it is conflicting signals even despite intrade and the ceos. lori: talk about a romney portfolio and obama of portfolio more fuel for the fire. >> that is a great point*. i don't think we add of president who has radically changed the economy. liberals will tell you the market is up but look at what he wants to do and was prevented from doing was pretty radical. he socialized the economy, obamacare, captain trade as a rationing system

for energy. he wants to do radical things. if the republicans lose seats in the senate, it is a possibility, obama's could do stuff. tracy: that is arguably more important. >> that is why they wanted when a look to like romney was failing. >> but you did not have the bob dole/george bush, bill clinton and/al gore or carry portfolio. >> is the side of the times. >> you are recommending stories? >> i don't know why i am a

skeptic. >> i think it will be early. if i have a gun to my head obama will win. if i don't. [laughter] if i have to, the trend goes that way. maybe i missed the trend. my friend is on the mitt romney campaign telling the evangelicals will come out and the turnout is low. he gives me all the reasons why to be hopeful. >> coakley we will vote tonight. it will be ridiculously close and longer night.

lori: talk about winners and losers see for yourself. what a pop up 19%. we are back after this.

tracy: dow up 165 points. we have to find out why. time for stocks. we head down to the floor of the new york stock exchange. nicole petallides. the dow is holding on, nicole. >> lots of speculation why this market is rallying but the facts are the facts and the fact is the dow right now is up 1 1/4%. at the best levels of the day. tech-heavy nasdaq composite

also with an up arrow. some people say this is the safe haven out of europe. some people call it the romney rally. some people say, hey, the incumbent, president obama gets to stay in office. depend which tune you like the best. look a name that is moving, aol. hitting a new high on the heels of its quarterly numbers. the company posted increase in search and revenue they get there. first time in three years. also the fact they came in with revenue that wasn't a disappointment as well. so that is a big move for aol. back to you. tracy: sure is. speaking of aol we'll break down the earnings report with aol chairman and ceo tim armstrong next. you don't want to miss that. you find funny, people still have aol accounts. everyone thought aol was left for dead. it is like a little phoenix. lori: people tease me. get with the program. i'm very much at thatted to it because i've had it for so long. it is emotional and it works. they have been really

fantastic about segueing. we'll get into this with tim armstrong, driving ad sales with content. "huffington post" and the patch. tracy: i love the patch. do you use it? i use it. i got all my information about everything. tracy: went on to find out where i have to vote tonight. lori: the patch, we'll talk to tim about all this at aol. for weeks polls have been calling the presidential race as you know a virtual tie. halfway through election day like they are right. we're live with both campaigns. rich edson in chicago with the obama campaign and gerri willis at the romney election night headquarters. rich, we'll begin with you. president obama opting to stay local today. >> he will stay local. he will have time for pickup basketball. he has a fairly busy schedule. you think how long the campaigns are going. we talk so much how early the campaigns started. but they're going up until the very last day. typically these are days candidates spend more time

with their family. they won't be out all that much. president obama has already been to a campaign office. he has a full schedule of local television interviews he will do here from chicago via satellite. no surprise what states he is talking to. the two interviews in iowa, colorado, nevada, washington, d.c. that will be virginia interview for him. same going on with the romney campaign. they are actively campaigning all the way up to the very end here. there is sense of optimism among the obama campaign. they say they have had small yet consistent leads in many battleground states. they think it will carry them through the night. they're putting the final touches what will be the election night party here at mccormick place, the convention center in downtown chicago. president obama will be here later this evening. they hope this party will turn into a celebration. we'll know in a few hours whether that is true or not or whether this will go on the next few days. back to you. lori:. tracy: rich is from new jersey. he has the skepticism about him. >> oh, yeah. tracy: i'm so skeptical.

i think we have a week before we know. what do i know? >> i packed enough for about a week, tracy. brought a lot of ties with me. tracy: not just the sicilian thing. new jerseyians in general we're skeptics. let's head up to boston to see how skeptical gerri willis is of the mitt romney is spending his last day in other places but coming back later. >> we're so skeptical we're out on the telephone talking to people what is actually going on the ground today at the election polls. start with virginia. that is the first battleground state that will report tonight where the polls will close first. let's take a look there. i spoke to ken cuccinelli, the attorney general there. he says turnout is he have had. the lines are long. they have no major issues with voting but some interesting trends already developing. as you remember, fairfax county, right next to washington, d.c., heavy turnout there. but in prince william county where cuccinelli lives he says he was surprised

turnout was so low. that could bode well for mitt romney. now, also, cuccinelli says that in other parts of the state as well they're seeing slower more sluggish trends with early voting, particularly in virginia beach, areas like that. that will be telling as well. turning to ohio, this is the key battleground state. i spoke with a senior gop official there who is monitoring franklin county elections. that's where columbus is, the state capital is. he says that the democrats have done a great job of getting out early voting there. and that in particular, ohio state university students have voted in huge proportions. he says the republicans are doing well when it comes to early mail-in ballots but he says the ground game by the democrats has been very strong. guys? tracy: i'm telling you, it will be a late flight, gerri. get your red bull. it will be interesting. i don't know. >> absolutely. lori: i'm more optimistic we'll have a definitive

winner. i know where you will be. you will be on the air indefinitely. tracy: poor neil. we have a ways to go. lori: we have reporting here. stick with us, fox business is the only place to be on election day and election night. a special stuart are varney@5:00 eastern. lou dobbs will guide you through all the returns. do not miss it. you can't afford it. don't go anywhere yet. tracy and i will be you through the afternoon. come wednesday morning we should know, again she doubts it but we should though who our president will be but does the uncertainty end interest? don't forget about the europe, middle east and that fiscal cliff. >> at northeast digs itself out after sandy, the hard hit region is bracing for another storm. we need this like we need a hole in the head. look at treasurys as we head out to break. 10-year is up to 1.71%. 30-year is on the move.

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and now you're protected. >> i'm robert gray with your fox business brief. home prices fell in september ending six months of gains. values way down by cheaper prices from distressed sales. corelogic reports its index fell .3 of 1% from august but on the upside prices were up 5% from the same time a year ago ago. >> wells fargo is heading to the great white north to

boost its international banking efforts. the fourth largest u.s. bank received regulatory approval to expand lending and provide other commercial banking services in canada. as voters head to the polls in this closely watched presidential election the national average for a gallon of regular gasoline reached all-time election day high. however most of the key battle ground states have pump prices below the national average. colorado is the exception. that is the latest from the fox business network, giving you the power to prosper.

lori: okay the markets are up triple digits today. the dow is up 163 points but investors can not forget the uncertainty that has been plaguing our economy over the last several years. it is used an explanation or perhaps an excuse for our nation's lackluster growth.

slowdown in hiring and stock market volatility but both candidates do say they can buck these trend and improve things. are they right or will uncertainty continue to weigh on our economy no matter who occupies the white house? scott wren, senior equity strategist at wells fargo, good friend of the show. good to see you again. scott, are we going to have more or less uncertainty if we get a definitive answer who wins the presidential election tomorrow? >> i think, i'm hoping as you guys are we have an answer by late tonight or early tomorrow morning. i like to think we will. i think we'll trade off of that right now. i think actually to be honest with you, i think market is up a little here. corelogic data, pricing data was good i think mainly market is up a little that rumors churning that maybe romney is doing a little better here. i think that played better. still, to turn the u.s. economy, i mean this is a huge ship. it will take a lot longer than a year or 15 months or something like that. so, i think we're going to

still be uncertainty . we will still have the fiscal cliff. there will still be a battle about that. we still have the deficit limit. we still have a battle about that. i think for the most part the fiscal cliff will be kicked down the road. we'll raise the deficit ceiling. there will be plenty of uncertainty about europe and chinese growth, things like that. whoever wins this election i think we're going to trade off it through thanksgiving. then we'll move onto the fiscal cliff. tracy: are we naive that the market is rallying on these rumors? still really all about congress at the end of the day, right? we could have a split house, a split congress again and get nothing done for another two years? >> yeah. tracy, i'll tell you, really in the past, in the years i've been around most of the time gridlock is good. i think that worked in the past but it is not going to work in the future. i think we'll have a little bit of gridlock as we battle over this fiscal cliff issue when the new congress comes in. the markets may put up with

that for a little bit. i think really six months into the new year, nine months into the new year, we're going to need to attack this deficit, this deficit. we're going to need a plan. i don't want to say any plan but right now we need a plan. the market is not going to put up with not having a plan for a really very much longer i don't think. lori: as for the markets and investors what are you hearing from your clients? what are their main questions right now, their concerns and how are you advising them as to where to put their money right now? >> well, you know, lori, we've, our clients have been very fearful here. they have a lot of cash on the sidelines. they have been very hesitant to get into the market. i think that they doubt the sustainablety of the recovery here in the u.s. they're worried about europe. they may not know all the details but they're worried about it. they hear china is slowing down. we tell them valuations are not excessive. we think the recovery we see here in the states, it's

slow but it will keep rolling. the global recovery will keep rolling. we've got a target out there for year-end 2013 of 1525 to 1575. that is a decent return from here when you throw in a couple of percent of dividends. so we're optimistic and we're trying to, a big part of my job is try to get our clients to buy into that, to buy into the fact that, you know, the world's not likely to end, no matter who takes over the presidency. lori: we'll leave it there, that is nice upbeat statement, scott. thank you very much. we'll see you soon. >> all right. guys. have a good day. tracy: where are we when you have to convince the people the world is not going to end? not very comforting. quarter to the hour. as we do every 15 minutes we check the markets every hour. nicole petallides on the floor of the new york stock exchange. you're looking at couple analyst moves. aren't you? >> we start off with chipolte grill upgraded at bank of america. the price target is now

$320. to say this is great buying opportunity after recent selloff we've seen in chipolte. they are a little tepid and cautious of their outlook. stock has come down 40% off the recent all-time high. bank of america saying chipolte is unw few restaurant stocks with impressive growth attributes. ubs hitting all-time high. barclays talking about a ubs raising to overweight from underweight. citing recent restructuring they're seeing at ubs. barclays likes what they see at ubs as a result that is a winner. bank stocks overall have been doing quite nicely on this day where everybody is waiting to find out who will be the president of of the united states. the dow is up almost 170 points. back to you. lori: nicole, thank you. tracy: to charlie's point earlier, bank stocks up right, because the regulation goes away? maybe that is another romney tell? i don't know. lori: all kinds of plays in there. i bets all boats could be

off in the meantime. we have this. tracy: a northeast storm struggling. we're struggling after the superstorm sandy. we have a nor'easter that will basically sweep through the entire region ahead. we have the latest storm track ahead. lori: scott wren said some of the more romney positive stocks are doing well and there is chatter, some rumor is doing well in some of the swing states that might be driving rally. there are winners and losers. come to your own conclusions. apollo group up 6%. electronic arts a nice pop. there are losers as well. express scripts after 11% and change. -pwe're back after this 0t[h7 [ male announcer ] this is joe woods' first day of work.

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lori: breaking news. new york city mayor michael bloomberg recommending residents in low-lying waterfront areas evacuate tomorrow, wednesday. with yet another storm

headed toward the east coast. how bad could it get? let's ask fox news meteorologist janice dean the timing of this could knot be any worse. >> so true, ladies. if we were talking about run-of-the-mill nor'easter, a lot of new yorkers would say, yeah we can deal with it. because we have battered shorelines damage by this storm system this is just into injury. look what we're dealing with right now. rain will be heavy at times the worst of the weather really sort of going downhill wednesday into thursday. wednesday overnight into thursday morning. we're dealing with wind gusts in some cases, 65 miles an hour. heavy snow for interior section and mountains. that snow line is really hard to forecast. some areas could get a dusting to maybe three to six, even a foot of snow. so we're going to have to really watch the timing of this nor'easters are kind of hard to pinpoint, 50 miles west, 50 miles east will make a difference in the track and how much snow and how much rain and how much wind. if you live in these areas you need to be paying close

attention to the forecast. wind gusts along the coastline at the peak of the storm in excess of 50 miles an hour. the dunes and natural barriers have been destroyed. this area is so vulnerable to storm surge and more flooding and more winds. i wish i had better news unfortunately. back to you. lori: well, you know, janice, unfortunately we only call upon you when we have bad news. we'll have to get a better weather forecast to put in. >> i would love that. lori: come on and say sunshine for everybody? one of these days. thank you, ma'am. tracy: i got a headache just thinking about it. lori: come on. tracy: no power, come on. all right. both the new york governor and the new york city mayor are attacking utilities, speaking of power for their dismal performance. i second that. after hurricane sandy. but is more regulation what is needed to get the lights back on? liz macdonald is here with emac's bottom line. lizzie, look, jersey too. i can tell you, i can't brag about my electric company.

>> i hear what you're saying. governor cuomo really ratcheting up the rhetoric really blasting the utilities late afternoon yesterday. here is governor cuomo. >> to say that i am angry, to say that i am frustrated, disappointed, would be the understatement of the decade. i think the utility companies have not performed adequately. i promised the people of this state that they will be held accountable for their lack of performance. >> the governor is saying they don't have a god-given monopoly but there are regulations coming. here is the scuttlebutt from utilities. there may be a push to bury power lines. texas and florida, doesn't work. in katrina didn't work. when you have to dig them up to more expensive. concrete utility boss, not wooden one. 14 foot plus and higher waves. drone aircraft may need to be purchased by utilities to detect hot spots and bigger work crews. on top of that fines. possible revocations of licenses at a time

standard & poor's saying rising regulatory are headed for utilities. lori: one con-ed truck in scarsdale, four, five days. finally got reinforcement. we didn't have power six days. i feel like can i that was it. tracy: tell you the same stories in jersey. we didn't see trucks. >> i called new jersey. lori: call it jersey, tracy. that is appropoe. tracy: emac, calling you staten island. >> [inaudible]. lori: did quite a bit for staten island. >> i live there. thank you. lori: coming up election day in america. will voters choose four more years of president obama? we're live from two key battleground states. keep it here. new pink lemonade 5-hour energy?

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lori: welcome back, everybody, at 2:00 p.m. eastern on this election day. i'm lori rothman.

tracy: i'm tracy byrnes. i told you we would be with you all day. who will the voters choose to lead the country the next four years? we're live across america including two key battleground states. we'll examine this election how it will shape the future of the economy, taxes and of course your investments. lori: aol shares surging today. more than 13% above 40 bucks a share right now. this is the company's best ad sales growth in seven years. they just reported. we'll be joined by the chairman and ceo tim armstrong to tell us in aol's bright spots and biggest challenges are behind or ahead. tracy: he will be happy to know you still have an aol account. first stocks as we do at the top much every hour. they are surging right now. we head down to nicole petallides on the floor of the new york stock exchange. we got a nice rally, nicole but we still have this election day 2008, is that true? >> that's right. we're going to take a look at a long-term chart. first let's talk about what we're seeing right here and right now with the dow jones

industrials doing so well. the dow right now up 161 points. 29 of 30 dow components are in the green. only intel has a down arrow. you're talking drug stocks, bank stocks. all up arrows and names like energy, exxon and chevron both dow components as well. you're seeing green on the screen across the board on this the election day that everybody has been waiting for. as you noted, right at the top, this is very interesting. back in november of 2008 as we look at a long-term chart here for you, that was during the financial meltdown. the dow shot up over 300 points. that was the biggest election rally of all-time as investors were thinking maybe it was president obama at that time. but today it is interesting, some say it is a romney rally. some say it is keeping obama in office. some say it is just getting rid of uncertainty and knowing what the next four years will hold. just taking out that wildcard is reason alone to have an up arrow. back to you.

tracy: whatever it is, we take it, nicole, today is the day, voting days. voters across the country are headed to the polls to elect our nation's president. we have team coverage in two of the most closely watched battleground states. let's begin with ashley webster in virginia, where not only state's 13 electoral votes up for grabs but open senate seat. what is the most expensive nonpresidential race in the country. high stakes in virginia today, ash. >> hey, lori. you're absolutely right. by some estimates more than $70 million has been sunk into this race between democrat tim kaine and republican george allen. both former virginia governors. both experienced politicians. and really, when you look at this race, it's an opportunity for the democrats of course who want to secure their majority in the senate. republicans look at this as an opportunity perhaps to shift the balance. the polls here in virginia will close at 7:00 p.m. one of five states that close at 7:00 p.m. eastern. it will be an early, perhaps

sign of where the vote tallies are headed. it will be very, very close. we're in a statistical dead heat certainly on presidential level but it is extremely tight race here on the senate level. we'll have to see how it plays out. we're here at the kaine headquarters, he will be coming here, tim kaine after he watches polls close in virginia as you say, 13 electoral votes. it is a battleground state. it traditionally has been a gop strong hold. not in 2008. barack obama winning this state. it will be very interesting to see which candidate comes out on top. since we've been here of course we had a chance to speak to a number of local business owners about their outlook on the race and what they think needs to be done to get the economic recovery really getting some traction in this country. as you can imagine in virginia here it was very split as whose party they believe could do just that. but i did stop by and spoke to the general manager of a local hub who says he believes mitt romney is the one who has the credentials.

>> i would like to see mr. romney given an opportunity to maybe turn the economy around. i think i have more confidence in him, just the fact of being in business and running a state and thinks like that i think might, you know, kind of see what he can do with it right now. >> so we'll see what he can do with it. as we say the polls here in virginia close at 7:00 p.m. and we'll wait and see what those results will show. let me be sure, it will be extremely close, if you believe what the polls are telling us. lori, tracy, back to you. lori: wow that is breaking news, ashley. extremely close? tracy: she is teasing. lori: all the pundits say it's a tie. thank you, sir. see you the rest of the day. joining us with more on importance of key battleground states is the head of guggenheim partners washington research group. ann, thanks so much for joining you. some market watchers are pointing to specific stocks that are rallying and other market conditions saying this is a good signal that

romney might have an edge in this point in the game but you predict obama will get the electoral college victory. >> we do. that is our call. my colleague, our chief political strategist says obama is going to win tonight narrowly in the popular vote. he may even lose the popular vote. it is possible but the electoral college map which i'm sure you've been talking about all day really favors obama. it is easier for him to get to 270. on the market side it is interesting commentary to think stocks today are moving on the election. i mean people have been observing this election, you know, ad infinitum for months and months and months and i think most observers on wall street made their predictions and the market tend to reflect those. the market has been performing pretty well up until now. i don't agree as an investment analyst looking at particular stocks today is going to tell you something about the election. tracy: we don't want people to stay home if they presume that the electoral vote is pretty much done for. i mean because the popular vote can swing either way

very easily especially because we still have independents out there. >> right. exactly. so many of the swing states, our call, we live and die by making calls about what is going to happen in washington, what is going to happen in politics and regulatory bodies. we don't try to advocate a position at all but when you look at the individual swing states it is very, very close. and virginia where i live, you were just talking about it in the, in the prior segment, it is fascinating. it could really go either way. people are very willing to split tickets these days. you see a lot of senate races in states like, virginia, for example, and even florida where you could see senate democratic support at the same time as popular support for the president. so i think it's, it is not too soon to call because we have called it for our clients but i think that it could go either way. lori: okay. so if we do get a definitive out come on the election by tomorrow morning will it give us anymore clarity on issues like taxes, health care, the fiscal cliff?

>> no. lori: you're laughing. >> no. that's the amazing thing is that so many of the really big issues that we're talking about have to be pushed through and ma unis aed through congress. and, either president obama or a president romney are going to face pretty much the same congress. it is unlikely that the republicans will win enough seats to take a supermajority to get 60 seats in the senate. the house will stay pretty much where it is with 20 to 25 seat majority for the republicans. you will have the same dynamic in congress. the president is not the king. so he will have to work with congress on some of those issues. i think the road will be very, very challenging. lori: thanks for your analysis. ann matthias with gug again him partners regroup. tracy: only hours from now stuart varney kicks us off 5:00 p.m. eastern. lou dobbs, neil cavuto also joining in. we'll walk you through the

returns again beginning 5:00 p.m. eastern and clearly well into the night. can't afford to miss it. lori: no you can't. neil is fun. tracy: longer the better for neil. he gets funnier and funnier as the night wears on. tracy: certainly does. lori: so much more ahead including which invests could pay off no matter who wins. charles payne is next with that. tracy: we're talking about aol. aol's stock shooting higher on quarterly results. ceo tim armstrong is our special guest. every day at this time of the day we look how oil is trading. oil up $3.11. 88.76 a barrel. not only do we not have gas it will get more expensive. we'll be right back. we have big dreams.

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putting us to work here in america and supporting wind and solar. though all energy development comes with some risk, we're committed to safely and responsibly producing natural gas. it's not a dream. america's natural gas... putting us in control of our energy future, now. tracy: election day. political pundits agree, ohio is key in determining the outcome of the election. mitt romney made one last campaign trip to the buckeye state a few hours ago. jeff flock has been hanging out in columbus with the latest and bruce springsteen and you're hanging with all of them, aren't you? >> that jay-z experience was quite the time. today in the ohio statehouse that perhaps you see behind me and you know we spent an hour and a half last night with the ohio secretary of state talking about all the eventualtys. how this race could come down to ohio and not have a

winner tonight. more about that in a second but first pictures of mitt romney. how important is it? so important that governor romney decided to come back here today to make another campaign appearance. we have some campaign pictures show his visit here. obviously tremendously important to he and president obama. perhaps more important to governor romney. how this could go this evening. the secretary of state has taken great pains to try to be ready for whatever happens here tonight. but here's one big problem. take a look at these numbers. these have to do with the ballots that got mailed out. ballots, absentee ballots that got mailed out. we had a certain number mailed out. we had another number mailed back in. 176,000 not mailed back in. they could result in what we call provisional ballots that would not be counted tonight, if the race is close at all. that could hang it in the balance. and we could all be here not only tonight but we could be here for a couple more weeks

until those get counted. we don't want that. we hope it doesn't go that way. we're here regardless. lori: so jeff, clarify this. why can't they count the provisional ballots sooner rather than later? why do we have to wait that period of time? >> ohio state law requires 10 days to go past before you count those provisional ballots. and so they would not be counted. that could be a problem. lori: gotcha. tracy: jeff flock. i'll tell you, people hit by hurricane sandy in new jersey can e-mail their votes in. that to me is ripe with problems. i don't know. hence the skepticism. >> will be a long night. tracy: i hear you, jeff. hang in there. time to make money with charles payne. we got to. the market is up 153 points. this hour he is discussing some presidential investment options that would work no matter who wins. >> we spent the whole day talking about specific romney, specific obama stocks. these are the nonpartisan industries and stocks. let's start with housing.

the housing i think hit terra firma. most of us investors buying right now but prices won't go any lower. i think that is one group that does well, no matter who is president. look at lennar. hurricane sandy, environmental. the environmental push, the green push will continue. not necessarily ham fistedness that obama is going through with it but a company like clean harbors. clean harbors i talked many times. this is stock doing really well. that is an industry that should do well. believe it or not i think wall street. i would avoid bank of america and citi still but the jpmorgans of the world, they're going to be okay. i know dodd-frank will be onerous. i feel bad because already it is killing main street. basel iii who knows what the heck that will be all about. when all said and done when the global economy gets its footing hard to bet against jpmorgan and goldman sachs. goldman sachs only couple points away from its high. these are on the fox business website. you got it. tracy: charles, we'll need a banking system no matter who

wins. been a while since we checked in with nicole on the floor of the new york stock exchange. dow holding onto its gains. you're focusing on a couple stocks in particular up more than 10% today. >> that's right. there are a lot of names on the move here, lori and tracy. we see the dow jones industrials up 150 points. there is a great day on wall street ahead who will be our next president. everybody is rushing to the polls. we're looking at stocks up on quarterly reports including weight watchers would be one of them. office depot which is very interesting because a lot of folks are saying its turnaround plan is way ahead of the big guys staples. here is look at aol. which hit a new high. another name computer sciences which swung to a quarterly profit in the latest quarter and recorded sizable goodwill write-down. revenues on the decline. these are on the move in earnings. but the big picture this market is reacting one way or the other to the presidential election. back to you.

lori: nicole, thank you so much. check back in with you 15 minutes. tracy: what does weight watchers has to do with the presidential election. lori: maybe a new start. tracy: maybe so many ate so much during the sandy hurricanes we have to get rid of it. lori: four pounds of halloween candy i never gave out. speaking after ol, in 30 men's we speak with the ceo tim armstrong. keep it right here with fox business for complete earnings coverage. our parent news corp reports after the bell. liz claman, david asman will have all the action at 4:00 p.m. eastern. tracy: how should you adjust your portfolio based on who will win this election? we have a billion dollar money manager to weigh in next. lori: check the dollar against its major trading partners. it is always weaker today. look at compared to the euro. making up a little ground after the dollar soared yesterday after concerns about the european sovereign debt crisis. we have pictures out of greece showing people not happy with the us tart

measures. civil unrest might be next. not yet but that might be the risk. we'll be back with more after this

lori: you could say many anticipated decisions coming from today's legislation but america's next president is not only one.

one verdict which polls got it right. dennis kneale covering the story he joins us now. dennis, especially this last week we've been in poll overload mode. >> they're all over the place. let's talk about lies, damn lies and poll statistics. proliferation of polls tracking this too tight to call presidential race. they can't all be right. if this election ends up in a decisive victory for one side, an awful lot of pollsters will have awful lot of explaining to do. of 12 major polls four have a dead eyed tie. cnn, rasmussen and our own fox news. six have obama winning, that includes pew, nbc, abc, cbs. two have romney winning, one is from shocker the liberal outlet, national public radio. when you average them all together as "real clear politics" does, you get president obama winning by maybe half a percentage point. yet the average obama win in various polls is 2 points. and average romney margin is 3 points. while the "gallup poll" has

romney up by five points the poll by the liberal "national journal", has obama up by five points. go figure. add to that the controversy over some polls overrepresenting democrats in their sample. the entire thing is one big question mark. "wall street journal" though says you get a good picture averaging passel of polls all together. in '08 average of recent polls had obama ahead of mccain by 7.6 percentage points. obama did win by exactly that. we have a little bit higher percentage than forecast. in the last election the "rasmussen poll" was pretty on tar get in predicting obama's margin of victory. so what is rasmussen saying now? yesterday it forecast a dead-heat tie and this morning, rasmussen has romney winning by a single about point, lori? lori: you know, only you could keep up with the numbers the way you spewed them out so fast. that is the point, right? it is like info overload. at end of the day we don't

really have a firm grasp of anything. >> i can't figure out why stocks are up 150 points or more. i can't figure out whether it is obama rally or romney rally or i'm so glad it is over rally. lori: glad it's over. a relief rally. dennis, thank you. >> thanks, guys. tracy: well, we have some sort of rally. some are calling it an election day rally. others call it as dennis said, god i'm over it, rally. will the markets go higher? will we see a pullback depending who wins today? >> joining us michael jones, chief investment officer at riverfront investment group. look, michael everyone wants to know what to do with their money and where to put it. let's talk in the short term, short term, regardless who winsing in really happens, right? >> absolutely. the most important policymakers are not sitting in the white house or in congress. most important policymakers are at the fed. and the fed is all-in with unlimited fiscal or monetary stimulus until they get the unemployment reaction they

want. so you, we have an old say, don't fight the fed. you particularly don't want to fight the fed when they have the ecb, the bank of japan, the people's bank of china and virtually every other central bank in the world printing money about as fast as they possibly can. that is a tailwind for the market no matter who wins. lori: do you then buy this theory, if you will of, have an obama plan for your portfolio and a romney plan? >> you know, those are, almost, they're so different in terms of the specific stocks that you would need, that it is probably better at this point not to try to get too cute in your sector strategy and just go with a broadly diversified, almost index replication strategy because in our opinion once you get through the uncertainty of the election, we need to recognize that last week's unemployment report was actually pretty good. as a matter of fact, for the last three months we've been adding jobs at three times the pace of the spring.

and when you think about all the uncertainty that business decisionmakers an consumers have faced over their tax rate, over health care policy, over virtually every aspect of their lives, if we can add jobs at that kind of pace under that kind of uncertainty, think of what we could see in the first quarter of this clear -- year if we get certainty, republican or democrat. tracy: it was become a dirty word. no one wants to hear anymore about uncertainty. we're sick of it. we're just concerned about getting our lights on. we're done with uncertainty. the big one on the table will be the fed chairman, right? that might be worth waiting for before you make portfolio decisions right? >> i actually have a different view of that. i believe ron paul himself could win a surprise write-in campaign and it would not change fed policy one bit. the reason for that is quite simple. the policy that the fed is pursuing right now, 0

interest rates, printing money and buying long bonds to keep long interest rates down, this is not the first time at the fed has done that. after world war ii when we had debt at one00% of gdp the fed produced that same policy for the exact same reasons. if you have that much debt and fed lets rates rise the budget deficit explodes out of control. ben bernanke and any successor to ben bernanke will be under tremendous pressure to keep interest rates close to zero because the cbo says rising interest rates add 400 billion to the deficit every year. tracy: not a lot of people lining up for that job, huh? michael jones with riverfront investments. >> i don't think so. tracy: thank you, sir. lori: michael had a lot of good points but being optimistic about the jobs picture i wouldn't have been so bullish but that is just me. coming up much more on election day. we'll have live reports from the obama and romney campaigns. plus how today's vote could shift the balance of power in congress. tracy: as we head out to break the dow is up 156

points. look at winners and losers on s&p 500. first solar a charles payne favorite, up 7%. apollo group maybe a romney tell? private education, up 7%. we'll be right back. follow the wings.

the. >> let's get an update on the markets with nicole petallides at new york stock exchange. the rally is holding up? >> across the board who better to ask? why? >> historical eight look at

the election day how the market reacts little headlines today everybody talks about pulling and voting as we get to the end of the day and get some clarity of the next president it has been a date on the calendar not knowing the outcome but when you get the permission it is one more thing to help you stay in the market. >> you know, the next question talk about uncertainty being eliminated but a rally today you know the rumors. what are people really thinking? >> they will not have a parade down the canyon a few rows.

the planet that could be put in pllce toward recovery. it is a long day there are many factors let's not get ahead of ourselves. >> he is a professional. [laughter] i will let it slide just before today. ashley: i like how you say you are eating all my time. [laughter] tracy: oil closes up $88.71 a barrel 3.5% big move up the demand is up. people are trying to get it. we have more on election day with rich edson and at the obama campaign headquarters also from them at romney

headquarters and peter barnes in the new studio with the race to control congress. what is going on in chicago? >> it is election day the president goes through his ritual which includes pick-up basketball. and made some calls and talk to some folks from his campaign. think how long the campaign has been but also how late this is going. all the candidates are still campaigning. the republicans in ohio but joe biden is in ohio. president obama may not be officially campaigning by

giving interviews to the swing states. ohio, iowa, florida. you'll be talking to local tv reporters. then finally the president with his big party here in chicago. they are getting ready behind me. tracy: this could be one of the longest build-up and anticipation going down to the wire. >> jerry vellis is waiting at the mitt romney headquarters in boston. >> this has been fascinating the room is starting to fill up but on the street it is about turnout the people who

back and support you. it will be critical ed rollins telling us it is evangelical making the election that they did not go last time but they will but this time. how big a difference can they make? implore there were 530,000, 340,000 in ohio. 238,000 virginia. hundreds of thousands of people to make up the race. it will come down to the members. it could be the evangelicals who make a decision. tracy: it is just a few votes. >> i think it is the evangelicals people did not expect.

tracy: control of the house and senate will be decided by voters today. peter barnes and the virtual studio. you look like "star wars." [laughter] >> a khoo list studio in the building. all of this is a virtual to the senate there is a question and who ends up in the control. the democrats have the three seats lead 51/47. they have to independence one is retiring from connecticut. joe lieberman. a tough fight in connecticut is between zero linda mcmahon a former executive from world wrestling

federation basing of congressman chris murphy she has dumped 40 million into the race so far. she also spent 50 million in her race against blumenthal but this looks like it could be the uphill fight despite the money she has spent murphy is slightly ahead. republicans are on the defensive in the state of massachusetts democrats tried to recapture kennedy's seat elizabeth warren going up against scott brown. he was elected 2010 to succeed ted kennedy but this is a tough fight for brown.

62% obama 2008. republicans hope to keep it but the democrats who the high turnout will put elizabeth warren back into the senate. tracy: would not expect you to say that. the connecticut race is so ugly for you look cool peter barnes. fox has extensive coverage stuart varney, lou dobbs and neil cavuto guide the user all of the returns. kick it off here. >> a a well shares hit teeing 52 week high with solid earnings reports will be joined with the ceo next

and look at interest-rate spreads out moving higher. treasurys are selling off anticipating the met romney victory. ♪ [ male announcer ] how could switchgrass in argentina, change engineering in dubai, aluminum production in south africa and the aerospace industry in the u.s.? at t. rowe price, we understand the connections

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fox business brief. it is all green as the three major indices rally points. 13th thousand 276. after the hurricane the east coast is bracing for another storm. mayor bloomberg said he will close all city parks and call laying low-lying areas and to evacuate spending to hit on wednesday night. athens greece when eshoo yadda pension cuts expected to pass parliament. the strike is crippling public education stages irritation and hope thing education. to and 30 --

tracy: a 160 planes with the dow. every the 15 minutes three head down to the new york stock exchange with nicole petallides. they don't need help from the government? >> ready backed has third quarter profit buses the housing market is on the mend pro it is good news. tracy: it does not have been very often. >> a a well 52 week high it beat sales targets and profit largely due to the seven present job of advertising sales rising 23 billion from last year. we have tim armstrong.

in the studio today. i still have my eye aol account but the company is successfully transitioned not just internet but content provider. your ad sales are up had to keep up the momentum? >> i love that you are the sale will user. we're getting back behind the brand. they users and three years ago people did not give us a chance to keep the brand alive and the results show the attract record of losing now we are tied to give back to even. at this pace the growth of content, advertising and services getting back to the early days. tracy: having to post a comment daily finance, just

like turkey popcorn this morning. is that the future of branded content? >> it is becoming more important. people what trusted sources we have the most important local vehicle after the storm and doing a great job covering the election. we will build a brand around content. we feel it is a great time to invest in the media and content and advertising brands. you can see the excitement come out in our financials. lori: what are the challenges socially? >> if you take all of the social networks and search engines to strip out what is inside your left with the blank network.

we look at facebook, google, a twitter, youtube as partners to distribute content. a story said "huffington post" is the number one socially distributed news product in the world. we want to invest in the media brand that people want to share. tracy: $300 million invested into the local news service? so many local -- local newspapers have gone away. you are coming back? >> one thing that matters more is where you live. you what weather, news, government, t he internet washed through the media business but local providers and newspapers are shutting down.

it is a significant opportunity because the average person stays in their home 15 years so that is the most important community we could serve unlike a college campus people don't leave. >> who is the best president for a well? >> i am the only person in the country routine 48 tie. we have done a great stuff for the election uncertainty is better for us. >> have people back on hiring or investing? >> yes. >> is a dirty word. >> the biggest saying is not a certainty of the economy and what people will do.

states are looking for revenue. where you have to wait and see. you want to invest where you know, the government will not regulate board change. we have done a great job hiring 700 over the last year and also would journalist over the last two years. there's a chance i have a feeling we will not know the president my one to make decisions about the economy. so do other ceos. if we have a tie i can traffic the advertisements. by one clarity. lori: thank you for coming. chairman and ceo of a a well. >> i figure out where i am voting today. [laughter]

will ohio look like florida 2000? it took weeks to count votes for our senior judicial analyst judge napolitano is on the story. lori: the rally is holding up here are more numbers. electronic arts, it is a broad base rally. we will be back right after this.

>> remember the headline in 2000 and the drama. it took weeks. of the florida recant. hanging chad? the presidential race in ohio it is as close as we expect we could have another recount for pro year to sort out we have judge napolitano you want this to happen? >> it it is my sicily and skepticism. jersey you can e-mail or you can write it been? >> it it is challenging because of the hurricane and other procedures two fax or e-mail i voted on saturday the first time in my life to vote early because the doublemint authorized it.

norman would drive here then comeback that it is probably not the issue to impede the final results -- results it will be the inability of the state to declare a winner. democrats will say the local election board would not let them vote if they are greater than the difference between the two then you have a challenge to the outcome. of it it is small and one takes ohio convincingly board by a greater number than disputed than they are disputed forever. lori: what it is the

likelihood each side it is already employer ring up? >> when i first covered this in 2000 you could count around the table lawyers in the country experts of the election law. now there are thousands. 50 states plus the district with a separate rules. republic 10 experts, ed democratic experts of all 51 jurisdictions. >> i think they will have fuel for their fire what about your money and mutual-fund? here it is the man who wrote the book literally founder of the vanguard group. countdown to the closing bell it is next.

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