thanks for joining us. on to think dagan mcdowell, great to be with all of you on such an incredible moment in time. thank you for being here thank you to our viewers and we will see you again tomorrow. "varney & co." begins right now. stuart, i will send it to use the one good morning. you had a long night. stuart: good morning, america. this is the day after and there's no final result. the accounting continues. the president leads in some battleground states joe biden has a narrow lead in others. both have paths to victory. it's a close. this is important, the democrats will not take control of the senate. that is important because it makes big tax increases unlikely. that is one of the reasons why we had a day after rally. look at this with the dow jones up close to a thousand points monday and tuesday, holding onto the cane and adding to it, up another

hundred at the opening bell. s&p on the upside, but look at the nasdaq powering ahead clearly helped by big tech. 400-point game for the nasdaq. with republicans holding the senate, tax hikes up on big tech are likely and perhaps there will be less aggressive regulatory climate. apple, amazon, google, facebook, microsoft sharply higher. looking within the vote here's what we see: early a mailing vote went heavily to biden. date of in person voting went heavily to trump. the turnout in many urban areas wasn't as a strongest 2016 and that works in trumps favor. the turnout in rural areas with higher and that is to trumps advantage with the turnout nationally almost certainly hit a new record. big surprise, trumps the margin of victory in florida tripled the size

of his win over hillary in 2016. big upsets, it's not then called yet that african-american john james has a narrow lead in michigan senate race and is actually out pulling president trump. in a moment you will see the president declared victory late last night-- actually this morning and joe biden college for patients. it is not over. it's a fluid. more of those will be tallied in the next few hours with some battleground states possibly call today in the stock market rally just rolls on. "varney & co." is about to begin. ♪ >> i'm here to tell you tonight, boat-- we believe we are attractive in this election. >> we were all said to get outside and celebrate something that

was so beautiful, so good, such a vote, such a success. >> it ain't over until her every ballot is counted. >> we won states we were not expected to win. florida, we won by a lot. >> it's not my place or donald trump's place to declare who won this election. that's the decision of the american people. >> millions of voted for us and a very sad group of people is trying to disenfranchise that group of people. ♪ stuart: you know, i made the mistake there of trying to talk over the top of that van halen. you really should try to do that because the music is better. you just heard president trump and joe biden sounding confident on where they stand in the race, but i want to talk

about money in the markets because we are seeing a huge big tech rally. i'm a putting end the screen because it's such a rally. microsoft up 4%, helped press-- although that close, facebook up etc. etc. you explain it. why is big tech up so much right now? >> i think there are more than a few reasons. number when the prospect of a biden victory. i think tech stocks like that to number one, they think the relationship will china will be easier from what president trump put forward. i think if they see a biden victory they see more close downs and more power given to governance to mayors to do that and that bodes well for tech stocks and also as you said with the senate remaining in the republican hands it's unlikely there will be large corporate tax increases.

in the backdrop, that stocks have have been defensive for several years so this seems to come together well for tech stocks. stuart: to the more distant future and by that, i mean, december january. are we going up from here when mike yes, the market certainly will have proven they want to go up. the last couple days into the election-- stuart: the video froze right there as he was a namenda sentence. we didn't cut him off. i mean, the video did that. he was basically saying tech stocks are up big and of the whole market is like-- likely to keep up big in the near future, november december. did i get that right? susan: i thought tech was a place of safety because this is where you will find growth and there's nowhere else with this uncertain election outlook. stuart: if republicans control

the senate and they do you won't get a big tax hike. here's another big story for you, susan. the voters in california see the light of glory. uber and a lift are soaring because california passed proposition 22. susan: definite winner so geeky economy players a yes for proposition 22 over 58%. no 42%. that means uber, and lift and door-- are exempted from reclassifying their drivers and that was a threat to their business model and despite winning the vote as they still offer concessions to workers that work 15 hours or more per week get insurance coverage. those are concessions, but they are not out of the woods because they have a similar lawsuit to fight in massachusetts and other states considering similar action. stuart: seems to me that the business model is back and in tact in california.

susan: a win for capitalization capitalism. stuart: here's where we stand with several states still in play. on the screen right now, but intuitive 38 electoral college votes in trumps 213. fox news analyst lawrence jones joins us. it's close, obviously. would you call this a tossup at this stage? >> yeah, man. it's just too close to call and i think anyone going on air making predictions on how they think it's going to go i think is not responsible at this point. what i see is that these last efforts on the ground matter. it's not like these people made the decision at the last minute, but when you saw people rallying on the ground i think that mattered. my eye is on three things, michigan, wisconsin and pennsylvania and i think

donald trump ground game will help him a lot in pennsylvania, but it looks like joe biden may have the edge in michigan. i think it will come down to wisconsin. stuart: okay. it's just so close you are right. you don't want to make any predictions, that's how close it is. lawrence, looks to me like the urban voter underperformed for joe biden. is that right? >> yeah, doesn't look like turnout was high for those urban voters and i think it was because a lack of a message for those people. i keep telling people based on what i heard from my reporting on the ground and a lot of people voting for democrats were just voting against donald trump, not because biden had something to offer them. they wanted normalcy. they didn't think the president spoke for them , but it wasn't because they agree with joe biden's message, so i would contend even if joe biden somehow pulls out this when the

democrats still have a problem because it's not like their message resonates with middle america, with those independent voters. they just don't like donald trump. people say they feel like their life is better off with donald trump and believe he's best for the economy. they just don't like his personality and also covid-19. i think in places like pennsylvania, wisconsin and michigan, that will really be in play their even though they say that donald trump was best for the pocketbook, some of those voters may say he wasn't best for the coronavirus. stuart: how about this, losers, chuck schumer is not the majority leader of the senate. nancy pelosi sees her margin, her win, her majority in the house shrinking a little and lastly, mike bloomberg wasted $100 million in florida. what to do you think? >> a lot of losers and i think out of all the losers i think we kind of predicted that the

republicans would probably maintain the senate and nancy pelosi would maintain the house, but florida is a big story the fact they didn't take that state seriously baffles me. i reported on fox that i saw this shift in the latino and hispanic supporters for the president and the consultants were telling joe biden that they needed to hire more hispanic consultants that former-- not taking this theory. they kind of decided they would set on this supposedly lead they had in florida. that was not true and the fact they didn't have a ground game and they depended on ads. that's what mike bloomberg really shot to do, ads, not direct contact with the voters in florida and for a lot of florida voters they bought this socialism message that donald trump was saying look, cuban-americans, it looks like joe biden is

being influenced by the squad and progressives. you don't want to return to that and it worked in those counties. miami-dade really brought the president through so i think the democrats win or lose have to consult on their strategy in florida. stuart: fascinating. we could talk all day. thank you for being with us. it's a state at play them a far too close to call on the election but that is definitely a stock market rally. still to come, senator smith, maria barta romo, greg stu b and charles payne. wait there's more, "fox & friends" weekend cohost joins me live from wisconsin and florida next. ♪

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stuart: here it is, the state at play, 230 electoral college votes for joe biden and a 213 president trump. lots of it in play battleground states as of this morning not decided yet. we have with us "fox & friends" weekend cohost willa kane in green bay wisconsin and pete in lake worth, florida. willa, razor thin race in wisconsin with 10 electoral votes up for grabs. went for trump in 2016. it's extremely tight with 99% of vote in an biden leading. does that mean we make it a result today, will kane? >> you would think so, stuart. i think everyone hopes for that expecting that,

but i will say what started out a very confident crowd here at different occasions throughout the diner this morning in green bay has experienced nervousness with numbers like that. stuart, nervousness and distress i heard over and over as i talked to diners, distrust in the process with many bringing up mail-in ballots. here in green bay, there was a loss of ink apparently had a polling locations that turned into late delay so nervousness and news trust. i think this is important, one thing we learn zero matter how the election goes the pulling was incredibly off, incredibly inaccurate again and the media narrative outside of fox news and fox business they were incredibly inaccurate and what we see and i saw tucker carlson talk about this is a media class, a polling class completely out of touch with america. they don't understand. they are trying to understand americans, what they believe, what they think and their values and no matter how

this election turns we have to do a better job understanding americans. break out of new york and washington dc and los angeles in these bubbles of group think and at coach chambers and understand americans like we are at fox when we talk to people across the country across wisconsin or as pete is in florida as well. stuart: you got that right. i notice it's noticeably a quieter crowd in green bay. thank you. reporter: i told them to be quiet, to be fair. they want to be loud. [cheers and applause] stuart: well done. you fired them up nicely let's go to florida. i can hear them chanting. pete, a big win for trump in florida. no repressed crowd there, i'm sure. reporter: not at all. folks, say hello to stuart varney. [cheers and applause]

reporter: i just mention your name and they get excited. how are you feeling about the big win in florida for the president? [cheers and applause] reporter: huge enthusiasm almost like when you are on 18 and your job is to execute a certain task and florida new they had to execute a million more votes for the president. they lifted the spirits of people early in the night when it was called, but i will echo what will said with a sense of everyone watching the other states and there is concern about how the votes are counted, which votes are counted, how long it takes and also support for the president to have him do what he needs to do legally to make sure it's a fair election where votes are counted and not double counted so a lot of talk about how that works and i will echo what bill-- will said, it's why we do this with you regularly on "varney & co." and why we have been doing it on "fox &

friends" is that immediate elite has been in their bubble world for years and we get out with the people respecting them and their values and talk to them about what they care about and that gives us, i think, a flavor of why the president had such a deep reservoir of support and why people are so passionate for him and why they still believe he will come around on the states that are still out there. do we think that? [cheers and applause] reporter: will has to deliver wisconsin, yet michigan, pennsylvania and certainly north carolina, georgia with a lot of big trump supporters hoping he can poll it out and watching your show to see if he does. stuart: thank you. we will see you later. we will stay in florida to orlando where we find ashley webster. am i correct in saying that donna shalala lost in a big upset?

lauren: yes, she did miami-dade congressional district 27. donna shalala, if that name rings a bell, she was the former secretary of health and human services under bill clinton and she was a favorite to keep her seat, but she was beaten by maria elvira salazar. maria elvira salazar is a former tv news anchor on the spanish-language channel down in miami-dade area and she won by 51.4% to my 48.6% , that's a huge upset. i think certainly president trump better showing among hispanics and cuban-americans was huge and also the message that if you vote for joe biden and kamala harris it will be left leaning with words like socialism, communism. that had a big impact in that part of the state and as a result not only did donald trump game 200,000 more votes than he did four years ago,

before someone like maria elvira salazar, she actually one that see. donna shalala out. these two candidates, by the way that over the same seats in 2018 and that's when donna shalala was so interesting developments in florida. overall, we know florida very very strong for donald trump. he did well in those strong red areas and also picking up extra votes in miami-dade and the margin of victory three and half percent for florida, huge victory as normally things are very very tight. the question is, is it enough to win the presidency. we are waiting. stuart: thank you. we will get back to you later. twitter and facebook both flagged an election a message from president trump. lauren, what did he say? lauren: in one of the messages president trump tweeted this ms pull it out: we are at the big, but are trying to steal the

election. we will never let them do it. votes cannot be cast after the polls are closed. look at that highlighted box at the top. at bats of the warning that twitter put on it saying: some of the content shared in this tweet is disputed and might be dissuading-- misleading. what's interesting is that trump also tweeted another message and that message is said that he had a big announcement coming, a big win and twitter didn't touch that. however, facebook did put a notification on both of these messages saying votes are still being counted. it did not block either message, so they are still up with warnings. stuart: i'm waiting to see if there ever censor a liberal message. i'm still waiting for that. thank you. turn your attention to the rally which is ongoing. wednesday morning, the dow jones is up, not that much, maybe a

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stuart: yes, it is a day after the election rally. let's begin suzanne and a lauren. susan, what stands out about this market? susan: while the trades last night with the treasury yield to spiking the 10 year yield at its highest since march. waking up 20 points down from that around 75 or so and that kind of moved government bond is not normal. futures rally big when it looks like trump had that edge and nasdaq up some 5%. odds with back to 15/50 and tech stock stayed at a safe haven and that's why people are buying tech. to check in on the betting odds, looks like they have reversed and biden's chances of winning 78%, the highest in the months. trump odds 21% according to peer to peer better market.

stuart: that's important because it's the reversal of the betting market. lauren, what do you have for us? lauren: it's a very positive reaction. the fear trades really are nonexistent. bottom line, no blue wave. didn't happen. that's a victory for mitch mcconnell and likely the senate regardless of who wins the oval office. a red senate means no tax increases and modest fiscal stimulus, but we aren't out of the woods. patients is the key words right now. if this election becomes very delayed or contested that could trigger according to bank of america in a note they said to private clients a 20% drop for stocks and that would be more than double what was lost in 2000 when the race was determined at the supreme court on december 12, 20 years ago. stuart: i remember it well. thank you. 30 seconds to go before we open the market.

bottom line is we have known the presidential election and it will come down to four battleground states, wisconsin, michigan, pennsylvania and georgia of those races are tight. nonetheless, we open this market in a couple of seconds and we are going up. you will see green on your screen. we are off and running on the dow industrials opened with a gain of over 200 points, a very early going as they open up more of the dow 30 stocks. you have about two thirds of the dow 30 in the red, down. s&p 500 up one and a half percent. here's what i want to see, but nasdaq composite took a big tech is taking off reflected in the nasdaq which is up 2.58%. reporter: stuart, great to be with you the day after election day 2020. on with your big picture thoughts knowing we

don't have an outcome of this race yet? stuart: big picture is this, we have a very close race, which will probably come down to four battleground states. we don't have results from the states yet, but they may come soon. in the absence of a clear winner, the other big positive about this election is that the republicans and i'm talking about a positive for wall street now, the republicans keep control of the senate and that's extremely important. with them in control of the senate you aren't going to see a big tax increase on american business. you may see a nice stimulus package, but not a tax increase and that matters to wall street. if there is no big tax increase and you don't have to worry about that hitting your bottom line if you are major corporation. that's why big tech is often running big-time this morning. of course, they are also a source of safety with growth in the future, a ton of money in the bank

so there's a flight to safety in uncertain times right to big tech. that's what's happening right now, sandra. >> that's fascinating because we saw this huge selloff in october; right stuart? and in recent days we seen the rally and everyone was trying to understand where wall street stood on prediction for this race , and here we are this morning the morning after election day and we still have yet to call several of these major battleground states, stuart. so, as we work our way through the day, through the week, could we see wall street trying to predict one way or the other whether it's trump or biden or have they decided? stuart: i don't think wall street has decided and we just reported a reversal in the betting markets. if you could put your own money on the mind, you can bet on who you think will win risking your own a money so them that has me but we have a reversal i would say about three hours ago

the betting market favored a trumpet with. that's completely reversed with the betting market now thinking joe biden has a 75/76% chance of winning , a complete reversal so the betting market has made up its mind that biden will win. the stock market has made up its mind that there's no republican loss in the senate or loss of control in the senate and that's pushing prices up, so fascinating situation here. plenty of winners, plenty of losers and i would say socialism has lost. the idea you will get some socialist revolution that america has gone down the drain. i think chuck schumer has lost. he's still the minority leader in the senate. i think michael bloomberg has loss. he spent a billion trying to get elected, 100 million trying to get florida to go for biden and he lost it all with nothing to show for it so there are some winners and some losers depending on where.

>> we have spoken some a times the years about america reaching energy independence, something we have seen happen and then you saw in the debate stage in this election cycle and all the discussions over fracking and whether or not the biden harris ticket would put an end to it and that played a big part in what we are seeing develop in the state of pennsylvania. i just wonder, stuart, when it comes to the economy with these key battlegrounds especially north's call to, michigan and the big one, pennsylvania how you saw that playing out. stuart: i'm interested in pennsylvania because as you say fracking was very much in the news and as things stand i think with about 76% of the votes counted the president has a 677,000 lead over joe biden in pennsylvania, but the votes are still to be counted coming from largely urban areas which will favor joe biden and that may make up the 677,000 deficit that

biden currently has in pennsylvania. you are not going to get results out of pennsylvania and tell probably end of the week or maybe longer depending on court processes, but that pennsylvania race is absolutely fascinating and fracking was right in the middle of it. >> and michigan just leaned biden according to our decision desk so if you play around with the 270, we were pointing out that wisconsin, michigan if biden secures those and they should call nevada soon and that's biden then that's a path to victory for joe biden, but if michigan or wisconsin doesn't go biden he would need pennsylvania and i don't have to tell you that that's when things get messy. stuart: very messy. >> stuart, great to catch up with you. stuart: thank you, sandra. let's get back to your money. of the rally is holding. in fact we have seen a nice ballasts-- bounce

up for the dow industrials, 200 points: 27600. here's the indicator, 10 year treasury yield .76%. way way down. you don't see moves as big as that often and that's an indicator you are down there. price of gold, down barely above $1900 an ounce. susan: where we have not been trading for almost a month. stuart: bitcoin, let me guess $30900 a coin, up $80. oil interesting i think it's america's energy independence on the line depending upon the outcome of this election you would expect to see oil trading kind of flat line and it is, $38 a barrel up 60 cents take a look at uber and lyft, proposition 22 and pelfrey past meaning uber and lyft can use their drivers as independent contractors,

not full-time employees with benefits. that helps those two companies. also, amd, neo, roku are winners indeed. susan: they have lots of upgrades. amd, the chip maker will win where intel will lose and they closed up that 30 billion-dollar deal. another winner, neo that electric carmaker rallied to 700% so far this year end up a lot in the last few sessions because of higher delivery. morgan stanley calling roku $150 stock as well an upgrade of $40. stuart: interesting, they are up but it has nothing to do with the election. susan: goes along with the big tech rally we seek with multiple factors at play. there may be a repeal of the china trade tariff and that helps big tech.

where else will you find a sure growth than in these big tech names. stuart: we need you to bring all these strands of information together. thanks. all eyes are on the must win the state of pennsylvania. here's where it currently stands battleground state could swing a potentially decide who wins the presidency. 80% of the votes in. trump leads by-- biden by 10 points but the votes that still had to come in probably favors biden. fascinating. one more check of the market and we still got a gain. we have gained more ground for the dow jones, up 140. up for the nasdaq. maria bartiromo joints meeting next. ♪

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stuart: with of the market holding onto its rally i would like to introduce you to perhaps the hardest working person in television. that would be maria bartiromo. marie has been up all night. she's just finished her three-hour show and she dares to come and join us this morning. fascinating, maria, and thank you. i have to put it to you a you followed this all night and all morning. at this moment you just can't call the election, can you cracks. maria: no, we really can't, i mean, you have all these elections we are waiting on due to mail-in ballots. i had never seen anything like this. the fact that they stopped counting in nevada, and they will start counting again in pennsylvania on friday is extraordinary here. this, to me, looks like it's going to be a protracted long legal fights. to me that means not a

lot gets done. you will be in the courts for months until we actually count every last vote. of the lawyers are going to take the spotlight now and i know we have this very strong rally underway this morning, but i think at some point investors will say wait a minute, in the middle of all this fighting, what gets it done, forget about a stimulus, forget about it if the structure package or the two sides getting together, this will be problematic in the coming weeks, in my view. stuart: that could hurt the market with a contested protracted election. i think it hurts the market. as i recall, s&p was down about 10 or 11%, something like that-- was it a percent? s&p was down in that protracted election. i went to show you on the screen the balance of power in the senate with republicans holding the majority they will keep the majority. i think this is the one positive, the big positive to come out on the election so far.

good nose-- news for wall street, maria. maria: definitely because we were talking about $4.3 billion in tax increase, joe biden's plan to take the capital gains tax to 24%. you will have a harder time getting out through the senate should he in fact at the end of the day when. that is one good news and i think it's probably one reason the market has rallied in the senate stays in republican hands, that's a positive for any progressive policies should kamala harris become president soon in the next couple of years and those policies efforts to get through will not happen if you have republicans controlling the senator that is the positive for the markets and we also see a lot of momentum within tec and the growth stories of the stay-at-home companies like telehealth, tall hat-- telemedicine and e-commerce, all the things we have been doing at home will likely continue when the

pandemic is over leading to more growth expectations were that sector. i understand the strength and leadership happening in nasdaq today. stuart: do we get a stimulus package of any kind regardless of who gets in the white house? maria: i think now that you are talking about a long protracted legal fight you won't get what we were talking about, a 2 trillion or 2 trillion plus package. you may get something in the lame-duck session where the president comes up with targeted things, money for the airlines, you know money for individuals that want to those 300-dollar checks or 600-dollar checks, what ever you are talking, but the president will stick to his guns in terms of what he believes is most important with a targeted plan in the lame-duck session, $700 billion is the number i hear, but it's unlikely we will get anything big probably not until february, 2021, if at all given the fights we are about to seek end of the legal battles.

it will take time, energy and money to get to the bottom of this. there's a lot of conversation about fraud, stuart. i just saw a newsweek story at there were tons of ballots found under a rock in arizona, the philadelphia situation where they stopped in the middle of the night last night also in question. it's not a good look for america, but we will get to the bottom of it as the lawyers take charge. stuart: you have a unique talent for wrapping up these various strands of information. maria, congratulations. i don't know how you do it with so little sleep. we will see you soon. thank you. maria: thank you, stoop. stuart: we have a nice rally in wall street and we also earnings reports from hilton and wendy's. susan: hilton has been decimated and hurt by the coronavirus pandemic and today reporting profits dropped and even below

wall street forecast. wendy's-- look, i mean, if things hopefully improve around the world and there is an higher taxes everyone benefits. let's talk about wendy's, your favorite restaurant chain. you are helping them actually, they came out ahead of forecast. stuart: down 5%. susan: traffic is up 7%. stuart: i drive through, but that's another story. interesting stuff, new jersey, arizona south dakota, montana overwhelmingly approved recreational use of marijuana. we will tell you what that means for pot stocks on the screen now. it could all come down to pennsylvania and we have a live report from the battleground state. we will be back with that in a moment. ♪

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stuart: the market holding onto the rally, gaining ground the dow jones up to it at 60 and nasdaq up 250. united health has hit an all-time high, the stock

is up nearly 7%, a major gain for the company. pennsylvania, eric short is in philadelphia, obviously key battleground states. eric, any idea when we'll get final results from pennsylvania? >> well, not perhaps until friday maybe even some say monday or tuesday actually, stuart , because the counting continues with already a public lawsuit from the republicans and there is strong words from governor tom wolfe striking back against president trump. tweeting skating was-- words about the election was supposedly being stolen by two in part quote let's be clear, it's a partisan attack on pennsylvania's elections. our votes in our democracy. pennsylvania will have a fair election and we will count every so. republicans filed a lawsuit against the county outside of philadelphia. republican congressional candidate barnett who

challenged democratic representative at dean who won her reelection, is suing the montgomery board he count of election for helping with their ballots. she was 1200 ballots tossed the county said it only held to 49 voters correct mistakes they made on the ballots barnett claims that violates state law and a hearing is set this hour in federal law. republican watcher felder was denied and strengths to a polling place even though he was certified to do so and he believes it's because he's a registered republican. he was eventually permitted inside. again, inside the convention center and you can see the mail and ballot counting continuing. overnight they counted 65000 more votes, but the state still has more than 1 million votes to go. >> we are still doing everything.

it's just the reporting. we can't vote any more numbers into our system until we are done with the machines. so, everything is going. ballots-- envelopes are being opened and everything is going. we can't report it into the system until we are done with the machine portion. reporter: the state in this is counting the votes in a fair, honest, legal and transparent manner. back to you. stuart: thank you. quickly, let me show you the state of play in the michigan senate race, john james challenging peter's. he's in the lead, a slight lead but nonetheless it would be an upset. this could be a republican win for one seat in the senate, john james. we have a big show still ahead. at their store carolina, by the way with tom tillis and the senate

race 48.7, tell us, 46.9 cunningham, it is still not being called and it's very close. big show still ahead. charles payne, florida congressman greg steube and sean duffy. big day, big show. ♪ this is decision tech. find a stock based on your interests or what's trending. get real-time insights in your customized view of the market. it's smarter trading technology for smarter trading decisions. . . . . . have left blood thinners behind with watchman. it's a one-time,

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♪. stuart: what up? four non-blondes. that is fine choice of a music. i never heard of the song or the group. this is "varney & company." here is the state of play. no clean sweep. the democrats failed to retake the control of the senate. that is a very big deal. with republicans still in charge, forget any big tax increases. the socialists will be mad as hell, with mitch mcconnell still running the senate, bernie's dreams of taking down the 1% go out the window. don't expect a giant stimulus package either. mcconnell won't have it. big loser, senator schumer. he is still the minority leader.

he spent hundreds of millions of dollars trying to beat senators susan collins, joni ernst, lindsey graham. they all won. another loser, mike bloomberg. he spent 100 million bucks to get a win for biden in florida. instead trump tripled his victory. no final result yet. the president leads in battleground states. he has the edge in georgia, north carolina, pennsylvania. maybe results from some of these states today. somebody has to rethink polling. they were mostly wrong again. who picks up the phone take as call from a number they don't recognize, spends half hour answering questions from strangers. the polls skewed in biden's behavior. the trafalgar poll is the outlyer. they got it right. my opinion the president is the best closer in politics.

he has a knack for capturing voter attention, pulling in enthusiastic, some say adoring crowds. joe biden was not a good candidate. his candidates protected him from fatigue. it handed all the excitement to the and enthusiasm to the president. of the market rally. the dow went up nearly 1000 points monday and tuesday. the rally is improving. look at the nasdaq go. it is up about 300 points. that is about big tech. big feigns boosted by continuing republican control of senate. which means probably, almost certainly, no tax increases on business. caution it is not over. this thing could still go either way. the second hour of "varney & company" is about to begin.

♪. we brought you the state of play. we brought you the markets. that rally continues. i will show you big tech. the stocks are absolutely soaring, as the election race you can't decide who will win at this point. look at this, apple up nearly 3%. amazon up 6%. facebook up 6%. if you move on, you see microsoft way up as well, et cetera, et cetera. big tech alphabet, up 4.8%. you don't see gains for companies worth a trillion dollars a piece. let's get to the white house. blake burman is there. any word from the president this morning, blake? reporter: 10:02 or 10:03 on the east coast. we have not gotten a tweet from president trump. it is a bit of a rarity.

i popped my head at the white house. it was very little activity there as well. it was a late night as we know. most likely they're sitting back and watching vote counting as it happens. i can tell you that we should be expecting a little bit from the trump campaign we believe maybe as the hour unfolds. hopefully get a little bit after perspective where they think everything stands. we heard from corey lewandoski senior advisor to president trump his campaign who was questioning why some of the states in their view at least haven't been called. listen. >> number of states that we believe donald trump has already won. you look at michigan. trump is up by 200,000 votes. i heard what the expert said. the truth that race should be called. the same is true in georgia. the same is true in north carolina. we believe donald trump already won those races. reporter: stuart, we expect

votes will be counted. i do expect to hear more from the campaign. stuart: thank you, break burman. go to hillary vaughn with wilmington, delaware with the biden campaign. what are you hearing from them, hillary? reporter: stuart, the biden campaign is waking up confident this thing is coming to a conclusion. a biden official telling fox news they think this election will be wrapping up in their favor today. they detailed what they're seeing in states that still have not been called like wisconsin. they believe that, that they have won that state. they expect wisconsin to be called in their favor this morning. michigan they think they have insurmountable vote by mail lead. they also expect it to be called for them around midday. in pennsylvania, they say they still feel very confident in that key battleground state. biden came here to this parking lot to talk to about 200 supporters that gathered after midnight to essentially tell them to go home. that he would talk to them tomorrow which is now today but

he did say that he felt good about where things stand at least last night. >> we're going to go into maybe tomorrow morning, make even longer but look, we feel good about where we are. [cheering] i really do. i am here to tell you tonight i believe we're on track to win this election. reporter: the biden campaign is responding to the president's claim last night that he wantings to take this all the way to the supreme court. biden campaign manager general o'malley dillon in a late night statement, if the president makes good on his threat to go to report to try to prevent the proper tabulation of votes we have legal teams standing by ready to deploy to resist the effort. they will prevail. we're in a holding pattern right now. biden did say he would talk to supporters which is now today. we're expecting to hear from him at some point. when that happens, we'll definitely keep you updated. stuart: hillary, definitely in a

holding pattern. hillary vaughn. bring in pam my bruce. tammy in the middle of night i felt it was trending towards president trump. the betting markets backed me up. they supported trump as likely winner. that has changed, at this moment you can't say either side is going to win. it is completely up in the air. would you agree with that? >> well it depends how the voting goes and in the sense of the counting. wasn't it stalin it is not the people who vote who decide the election and it is people counting votes. this is one of the president's main concerns. there was 128,000 new votes in michigan. 100% of which went to joe biden. there is a lot of things that are going on. the president especially with pennsylvania, his argument is, i believe, that votes that come in after the election day should not, are not legitimate.

and are not part of the regulations and rules about when those votes should be arriving. so you will possibly see legal action based on what is being counted, why voting stopped, why suddenly all the votes found are going 100% to joe biden, those kind of arguments can be made legally. so it is difficult. look, we dealt with the last four years with a attempt by the establishment to do a soft coup and remove a duly-elected president, by dealing with the fisa court, falsifying documents, et cetera. falsifying votes or doing shenanigans cheating in this kind of a fashion is nothing card to what they were doing frankly i think in 2016. so the president is, should do everything possible, every legal action and exhaust all of that when it comes to making sure that this is a legitimate vote, that legitimate votes are counted and that this is a fair and free election and many

people at this point are not seeing it that way. stuart: i think he will do exactly that, tammy. thank you for being with us. i know you've been up all night. we appreciate you being here. good stuff. >> always have been, thank you, stuart. stuart: a lot going on. the markets holding on to a very solid rally, especially look at the dow. now it is up 1.7%. it has been gaining ground most of this morning that is a very solid gain to match. to match very solid gain at nasdaq up better than 3%. john lonski is with us. john, you're an economist. you're the not so much a market watcher. you're an economist. seems to me the best news for business in the election was the fact that the democrats did not take control of the senate, which means you're not going to get a big jump in taxes on business. are you with me on this? >> yes, i'm with you on that and the market of course is also recognizing that you are not going to have some new wave of

onerous regulations imposed on businesses that could do a lot of damage to economic activity. moreover, you're going to avoid that $2.3 trillion addition to the budget deficit that has been proposed. stuart: maybe. hold on a second, john. i'm jumping in. the president has just tweeted okay. he opened up the account, here we go. last night i was leading often solidly in many key states. in almost all instances democrat-run and controlled. then, one by one they started to magically disappear as surprise ballot dumps were counted. very strange. and the pollsters got it completely and historically wrong. john, come back in again, please. because this seems to be setting the stage for a protracted and contested and court-decided vote. now, i don't think the market

will respond to that favorably. if this thing drags on, i think market will not respond favorably. what do you say? >> it creates problems as it drags on. it introduces uncertainty to business decision making. of course that would imply fewer new jobs and less capital spending than otherwise. it is a worrisome development. i think you would have to be naive not to dismiss the possibility of a long wait as to what the final count will actually be. stuart: real fast, how is the economy going to do in the next three months? >> real gdp should grow in the range of 4% to 5%, which is very, very good. according to the consensus, real gdp will return to where it was in late 2019 by the third quarter of 2021. that is a quicker, than previously expected recovery. stuart: got it. hey, john, thanks for being with

us. as always. sieve you again soon. >> my pleasure, stu. stuart: tell you again, ladies and gentlemen, we have a real big show for you coming up. this is the day after the election coming up. larry elder is with us. charles payne has been up all night too. he is back with us this morning. florida congressman greg stuebe, sean duffy all on deck. also ahead, congresswoman alexandria ocasio-cortez not happy with the latino turnout for biden. we'll take you back to pennsylvania, right after this. ♪ ♪ we made usaa insurance for veterans like martin. when a hailstorm hit, he needed his insurance to get it done right, right away. usaa. what you're made of, we're made for. usaa

♪. stuart: just look at that dow jones industrial average.

it has been climbing all morning and now it is up nearly 2%. that is better than 500 points. look at the nasdaq. the gain there is accelerating. it is up 3.6%. 412 points. susan: best day since april for the tech-heavy nasdaq. are you surprised compared to the reaction when the s&p fell 6% from election night to concession? stuart: i am surprised. there is no clean cut decision who will be president. there is a clean cut decision on the senate that obviously helps. extreme move to the upside. susan: this is prolonged, actually getting an outcome. stuart: it keeps on climbing. you're up 2.7% for the dow. look at the state of the race in pennsylvania. grady trimble is there. give me the latest, grady? >> stuart, if this election does come down to pennsylvania, it could come down to what is going on in this building right behind me. this is the pennsylvania convention center. we have some live video the mail-in ballots being counted

right now. we've been talking about this all the time, leading up to the election. that the president would need to run up the vote on election day with in person voting because then the mail-in ballots will be counted. that is heavily skewed towards joe biden. that is what we're seeing play out here. it is what we're seeing play out across the state. there are still 1.4 million mail-in ballots in this state that need to be counted. now the president vowed to take legal action all the way up to the supreme court last night. in an apparent response to that the democratic governor of pennsylvania, tom wolf, tweeted this, this is a partisan attack on pennsylvania's elections, our votes and democracy. pennsylvania will have a fair election and we will count every vote. so we still have a lot to see, if pennsylvania is still in play as it is right now in the coming days, then this could be the site of a legal battle and a lon slog ahead. another issue here that the

votes are taking a very long time to count. they weren't able to start counting mail-in ballots until 7:00 a.m. on election day. the mail-in ballots as long as postmarked before the election can continue to be counted until november 6th. this might be one of the last states to get a result. stu. stuart: can joe biden make up the 670,000 deficit that he has got with president trump when those new votes come in? we shall see. i'm going to wisconsin, where it is too close to call. jeff flock is in milwaukee. give me the latest there, jeff. reporter: what grady was talking about already happened here in wisconsin, stuart. specifically, trump was leading statewide before we got to milwaukee and all the absentee ballots got counted in the building behind me. they have pictures of counting going on, up close and personal. very transparent. when those votes came in, there

were enough mail-in ballots to flip the state back to biden. he was up by 7,000. this morning we got green bay and kenosha, mail-in ballots. that increased the lead to about 20,000 votes for biden. still too close to call because there are still more mail-in ballots out there. are there enough to flip it back to trump. theoretically there are but when you look at counties where they are existing, pretty much biden counties and trump counties both almost equally. so i don't know if he makes it up there. i would rather be biden if i'm in wisconsin than if i was trump. two final points, we should know about by 4:00 today. the counties are required to report by 4:00 unofficial results. you will probably get a call in wisconsin if biden continues to hold a lead. i presume the call will be for biden. final, final point. that is it is probably going to be less than a percentage point in wisconsin. that means by state statute

there would be, if the loser wants it a recall. if the president is behind he can ask for a recall. if it is less than a quarter percentage, he won't even have to pay for the recall. that is where we stand for wisconsin. as i said, if i'm in wisconsin i would rather be biden than trump but it still could go either way. stuart: you mean a recount, jeff, as opposed to recall. reporter: did i say recall. my recall is little slow. recount is what i meant, stuart. stuart: thank you. let's move on to capitol hill, chad pergram is there. we know republicans will keep droll of the senate. give us key races. >> most likely absolutely. the problem for democrats, they thought it was chance to get net gauge of four seats, there were a total of 35 seats in play and 23 of them that were up this cycle were held by republicans. many of them in battle ground states. in maine, north carolina, iowa. and as things are looking right

now, they're looking very good for republicans. joni ernst already prevailed in iowa. they have not called maine yet. not called north carolina. something to keep in mind, we'll have one if not two runoffs in georgia. that would be opportunity for pickup of democrats especially with the seat of kelly loeffler and democrat, rafael warnock. the run offs will not come to the 5th. you could come in with the senate being down a seat or two in population. one majority. depending on out come of run i don't haves. that is pretty strange. let me move to the house of representatives, one thing we no democrats will retain majority. they will not have as many seats. republicans come in 206, 210. the problem for house democrats this past cycle they were

defending so many seats president trump won in 2016. democrats did very well, capturing control of the house of representatives, flipping it. they had to defend almost 30 seats there probably one of the most emblematic seats. this was not a new seat here. colin peterson, chairman of the agriculture committee in western minnesota. he carried the most pro-trump district held by democratic congressman. president trump carried that seat by 30 points. the democrats will have a smaller majority. it will be more liberal because you had attrition of freshmen democrats who were more moderate and colin peterson. stuart: get down to the nitty-gritty, chad, thank you very much. got it. stuart: listen to this, the trump campaign telling reporters they are quote confident in our pathway. we are confident in our math, end quote. they went on to say, that the president can win in key battleground states, in arizona,

despite it being called in arizona, if all quote, legally cast ballots are counted. sounds legalistic. both sides proclaiming optimism. there are a couple of stocks are moving. biogen just resumed trading after a brief halt. why was it halted? >> is up big, that's why. there is a lot of volatility around the stock. it looks like the fda says bio again provided substantial evidence of effectiveness supporting approval of the alzheimer's drug. that is a big game-changer if it gets fda approval. you're looking volume spike in this type of move. nasdaq has accelerated. we're up 4% on the nasdaq. s&p up 3%. it is risk-on day. a big rally. stuart: i wonder if the possibility of a biden win over the white house means divided government? susan: checks and balances. yes. because they can't implement all the tax hikes they wanted. stuart: with the dow up 616

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stuart: well, what a rally. look at this. the dow is up 550. the nasdaq is up 430 and the s&p is up nearly 100 points. that is a rally. show me big tech, please, because that is on a tear this morning. apple is up 4%. 5% up for amazon. 7% up for facebook. similar gains i think for the others. yeah, there you go. alphabet up 6%. microsoft up 4 1/2%. that is a big tech rally i've not seen before for a long time. put it like that. now this, the a report from socioeconomic institute said trump had 87% chance of winning markets. matt made the prediction. matt, very hard to call the race right now. very hard. are you still holding to your prediction that trump wins?

>> stuart the last time we talked that we said in elections when the dow had gained 20% or more in those three years leading up to election day, 14 out of 16 incouple points, 87% had been reelected. that reading in the dow was 28,052. the week before the election changed everything. we had the worst pre-election week in stocks in dow history. the market actually moved below that key level into a range where only 55% of incumbents have been reelected. look, we have only nine incumbents in this range, five wins, four losses. that is as close to a statistical coin flip as you can get even though incumbents won slightly more often than challengers in the case. look the election is basically a coin flip. when you wake up this morning, you look how the race is shaking out that is pretty much exactly where we are. stuart we've done this without polling a single person. if you were relying on polls, hey, looks like biden will walk

away with this, the stock market was sending a completely different message. looks like that message is more accurate. stuart: i gotcha. the polls they were kind of wrong again. matt, thanks for joining us. we'll be following you very closely. thank you very much indeed. i do have to get back to big tech because it is on such a tear. it has been a long time since i saw gains like this in a couple hours worth of trading. susan is with me. give me reasons for this rally. it is divided government. if biden wins the white house we still have republicans holding control of the senate. and that means it will be harder to pass through tax hikes. will we get corporate taxes back up to 28%? that will be harder to do. let's talk about stimulus chances because, look after we get the election out of the way, finally, maybe we can negotiate something. will it be two trillion? as long as it is something, that is what the market is encouraged. china tariffs repealed. and better relations with biden government. stuart: biden win.

susan: that is priced in as well. wall street is waking up there are no places you can go to get guaranteed growth the type of growth during earnings season. they made $38 billion in profits in one single session. apple, amazon. facebook and in there, google. $38 billion in profit in three months. where else will you find that? stuart: where else do you go to find that couple thing, $100 billion in the bank for microsoft, apple, google. susan: apple has close to 200 billions. whereas google and facebook not bad with 100 billion or so they can afford to buy back stock, to do financial engineering which helped boost a lot of price levels. stuart: look at gains. extraordinary. facebook up 7 1/2%. susan: your 401(k) is looking good. stuart: so is yours. millions of bidens shelled out by joe biden it worked for him. he flipped the state.

it is blue. susan, how much was spent? susan: $260 million was a record spent on tv, digital, radio, spent by both parties in arizona. that is more than double the 100 million spent in 2018. the senate race alone between martha mcsally, mark kelly, one of the most expensive in senate history. a price tag above $130 million in one single race. fox news calling arizona for biden last night. kelly seems to have the edge over mcsally in the senate race. there is big money at play in this election cycle. stuart: if you win, it is money well-spent. if you're mike bloomberg you spent a billion, don't win. money not well spent. susan: he has the money. stuart: next one is alexandria ocasio-cortez, frustrated with latino voter turnout. lauren, what did she say? lauren: she went to twitter and she wrote this i won't comment much on tonight's results as they are evolving and ongoing but i will say we've been

sounding the alarm about dem vulnerabilities with latinos for a long time. there is a strategy and path but the necessary effort simply has not been put in. low democratic turnout from latinos yesterday. pew research says they are the largest minority in the electorate. look, the reality is, it is a big reason why trump took texas where there are many hispanics and biden underperformed hillary clinton in 2016 in key counties like miami-dade, florida. when i heard about that result last night. i was shocked. that is where many voters fled the socialist south american, central american regimes. they didn't buy the biden-harris message. trump courted constantly and actively latinos and black voters. for latinos so far it has worked. stuart: it sure worked in florida. that's a fact. lauren: yeah. stuart: i want to look at the market again because this rally is so strong it is worth talking about some more.

i want to develop this idea wall street likes divided government. what i say by divided government this. biden wins the white house, democrat, got it. but the republicans control the senate. still, that is a division in government. that is a possible out come of this election. and we've been saying, susan and i, that wall street loves that kind of thing because you can't do anything. susan: i have updated betting odds for you as well. looks like betting markets now strongly in favor of a biden win where 84% now for biden winning the election. stuart: you have to listen carefully to the betting market because they have been right in the past. they can turn on a dime and this is people, betting in foreign countries by the way. susan: right. it is illegal here in america. stuart: they're putting their own money. slap iting down. that means something. susan: implied probability we're looking at 83%. that is the highest ever. that is reached above 80% for a trump win we're sitting below

20%. given the incoming votes. stuart: which means, i'm sorry to interrupt you, susan, train of thought here. if you follow the betting market, they're now saying biden has got the 84% chance of winning? susan: correct. stuart: that moons divided government. very strong idea that we'll get divided government and market rally is holding. what do you say to me, producer? say it again? stuart: i'm hearing voices. watch out, stu. biogen up 2%. huge gains. cigna up 13%. these are the s&p 500 winners. and united health, up 9 1/2%. what a day. wisconsin still up in the air. does former wisconsin congressman sean duffy think it will go to the president? he is on the show. i will ask him. first we got larry elder. he is a california guy. i will ask him about prop 22. it passed to the great benefit of lyft and uber. we'll be back.

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♪. stuart: i'm going to say this frequently this morning, i have already, the rally holds. it's a very strong rally. the nasdaq is up 3 1/2%. the dow is up 480 points. it is a rally. how about looking at american airlines? listen to this. they're cutting nearly 100,000 flights just in december. they're still facing weakening demand because of the pandemic. obviously the stock is at $11 per share. look at uber and lyft. they won a major victory in california. proposition 22 passed, wide margin, it passed in california. meaning that the drivers for rideshare companies will be counted as independent contractors, not employees worthy of benefits.

larry elder, salem radio talk show host joins us now. finally the people of california did something right. i am shocked, larry, shocked. >> well, guess what, stuart? there is some intelligent life here in california, you're absolutely right. proposition 22, that would have exempt uber and lyft and so-called gig workers from the bill that was passed and laws that would have made independent contractors employees which would have completely destroyed the whole business model behind uber, lyft, doordash, postmates, they would have left california. not just this proposition as well. there was also a proposition that would have added property taxes on commercial owners of real estate that went down. and we also looked like we'll pick up a couple house seats in orange county, for crying out loud. again intelligent life in the great state of california, stuart.

maybe i might stay a little longer. stuart: however as i read the numbers last night, california went for biden by better than 30 points. i think i'm accurate there. it was a total landslide for biden. that was expected, wasn't it? >> that was expected. i think i told you before about the only public figure who is less popular than donald trump in california, might be charlie manson. outside of that the man is not very well-liked here in the state of california. as you heard the stock market up by 100 points. worst case scenario republicans retained control of the senate. he will have the be able to enact the aoc green new deal driven agenda. all of this is pretty good news for america. stuart: apart from the landslide in california for biden, is there any other sign that california politics may be norming up a little, may be coming back to center instead of

way out there at left? >> i think so. as i mentioned in orange county, we got wiped out in 2018. looks like we'll get a couple seats back. so i think the republicans are now starting to figure out how to play this ballot harvesting game which is perfectly legal. maybe unethical, perfectly legal. republicans got their brains kicked in with ballot harvesting. they figured out how to play the game this time. i think things will be better. there are supermajorities in the state assembly and. so republicans were not to go to work. even if the left-wing governor would veto a bill out of the left-wing legislature, the left-wing legislature can still override it. it is still california. stuart: it is true. you have a big smile on the state. maybe there is real progress. on prop 22, that is progress. we'll take what we can get. >> right. stuart: that i h. stuart: larry, see you soon. >> take care.

stuart: look at the marijuana stocks on your screen right now. it is kind of a mixed bag. canopy growth way down. tilray down. why? because legal weed is getting wins across the country. which states are legalizing, lauren? lauren: this is state legalization and that is why many of these stocks are down. so recreational pot, legal in 12 states, new jersey, arizona, montana and south dakota, green-lighting it last night. so a third of americans have access to legal marijuana. they're going to tax it in new jersey, about 6.6% at the state level. plus 2% at the local level. but look, you can't go out to the store tomorrow and buy pot. lawmakers still need to iron out the details, how much you can buy. but the, this market reaction i would call very unexpected. look at these gains. 10% in some cases. like i said these are state legalizations, not federal.

we didn't get a blue wave. so will it be decriminalized? will there be banking for marijuana in the future. market is saying likely not because we have divided government. stuart: lauren, i would have thought that news was good for marijuana pot stocks but it is not. tilray is down. canopy growth is down. susan: there are something technical, canopy growth moving stock listing from theness the nyse. stuart: tilray is down 9%. i don't know why. susan: interesting. stuart: interesting. good way of ending a discussion when you don't know where you're going. susan: one of three americans live in a state with legalized marijuana. volume should be going up at some point i would imagine. stuart: you would think. you would think. let's see. that's interesting. >> election, causing unrest across the country?

how bad? susan: yeah. there were some small skirmishes outside of the white house as you see there in the early morning hours last night. dozens marching through the streets in l.a. 200 more crowds rallied in north carolina. also portland, oregon has some skirmishes and clashes as well. minnesota with more than a dozen arrests. in chicago, one of the bridges near downtown had to be lifted. near down town trump tower which has been pretty calm. stuart: i know that bridge. susan: the amount of the people go into the downtown area. stuart: a to bridge. susan: seattle streets with groups, all in all, not as bad as feared. you saw boarding up taking place in major cities across america that had people concerned about civil unrest. companies are playing it safe. united airlines are moving crewmembers from downtown areas like portland, seattle, after the lant tax chicago, d.c., because of concerns of violent protests. same thing with delta, american, southwest. stuart: remember, just the first

night. if this is a protracted and disputed election, then things might get rough and then you might see some more unrest as the situation unfolds. >> in new york city, we didn't see much. i think that is a good thing. stuart: everything was boarded up. the police were all over the place. when i drove in this morning in the 3:00 hour, everywhere, loads of police officers. susan: at 3:00 a.m. stuart: at 3:00 a.m. susan, interesting. celebrations in the streets of miami as president trump wins florida. the hispanic vote really helped him there. i'm talking to florida congressman greg stuebe about that in our next hour. and take a look at those markets, still rallying nicely. charles payne has his comments on that after this. ♪. turn on my tv and boom, it's got all my favorite shows right there. i wish my trading platform worked like that.

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♪. stuart: i want to go repeat this, the biden campaign says they are confident he has got a path to victory. the latest from hillary vaughn in wilmington, delaware. reporter: stuart. we got a briefing from the campaign, jennifer o'malley

dillon essentially saying they won the election. she laid out the reasons why. they believe wisconsin will be announced for them. even if a recount is announced they are confident to win that. they also expecting to win nevada as well. they're expecting to win michigan because they believe the ballots outstanding are in heavily democratic areas. they're saying that biden is expected to make remarks later this afternoon. he is not been in touch with president trump yet today. that is it new, coming out of this call but we're also getting insight from the top lawyer on the biden campaign, bob bower, says if the president takes to the supreme court they are not worried about it, really what they will be arguing in court is protecting the rights of voters, not relitigating the election. they think that the votes are on their side. those votes should be counted but they are pretty definitive in this call and confident, stuart, that because the way the data is showing from, that their

campaign is seeing in these key battleground states, that these states will be announced today. they're confident to say that they believe they have won this election. they think that the vice president biden will have received more votes in this election than any president in history. stuart? stuart: the betting markets give biden a 90% chance of winning. hillary, thank you very much indeed. the contest already begun. twitter flagged another tweet from the president. susan: the first tweet of the day from the president. we got 50 minutes ago. twitter slapping a label on the president trump tweet talking about magically disappearing, surprise ballot dump was counted as part of the tweet has been labeled already. last night when he was discussing his victory. they also labeled and removed that. we know that social media has been very vigilant in policing president trump's posts and tweets. stuart: back to the divided government possibility.

we have the dow up 600 points. divide the government is often a wall street thing. they like it because you can't get anything done. up 600 on the dow as we speak. facebook up 7%. look at roku. morgan stanley raising its price target to 150 bucks per share. raising it? no, i don't get that. susan: they did. 110 to 150. they are more bullish on the stock. that is how it works. stuart: when is the report reporting it aiming the 150 it is 215. susan: it is up 50ness. stuart: way beyond the morgan price. we have big show, liz peek, charles payne, florida congressman greg stuebe and my take on the state of play of the election thus far. third hour of "varney" after this. ♪

>> it is not over until every boovote is counted, every ballos counted. >> one state we were expected to win, florida, we did when we want to buy a lot.

>> we never seen an election like this, this looks like it's going to be a protracted long fight. >> i think it creates problems as it drags on, introduces uncertainty, business decision-making and of course that would imply fewer new jobs and less capital spending. >> i think the democrats still win or lose gotta be in control on the strategy in florida. >> folks are gonna stay hello to stuart varney this morning. [cheering] >> store i just mention your name and they get excited, it is true, how do you feel about the big win in florida for the president. ♪. stuart: the clash, i do remember that song and i really like that from pete hegseth in florida, all good stuff at 11:00 o'clock eastern time, you're looking at the white house on this morning after the election, a quick look

at the state to play, were showing your breakdown of the electoral college vote, 238 biden, 213 for mr. trump, what is that doing to the market, take a look at this, you're looking at a ripped rally, the dow was up 600 points, the nasdaq up 448 and the s&p up 100, that is a rally and now this. we are in waiting mode, joe biden asks for patients, the president says he has one already, what were waiting for his account on the battleground states in particular georgia, pennsylvania, michigan and wisconsin, some of the voting tallies could come very soon but pennsylvania may wait until the end of the week or longer. the turnout in urban areas was a disappointment for biden, the turnout and rural areas was a huge plus for the president. the turnout overall will likely

set a brand-new record. in florida, very big win for mrf victory compared to 2016. the left is not happy about that, alexandria ocasio-cortez disappointed by the weak latino turnout, she said she warned about it but the effort was simply not put in. he development, ne no blue waveo clean sweep, the republicans have control of the senate and the repercussions of that are significant, leader mitch mcconnell will not allow a big tech increase no matter who wins the white house and is not likely to allow a bailout for the badly run democrat states like new york, illinois, new jersey, california, key development never two, california passes proposition 22, that means gig workers get their freedom back, uber and lift can employ them as independent contractors, those two stocks are going straight up, at this moment we got 90

minutes into the trading day, the day after trading session i should call it, the stock market is truly rallying, then dow industrial up to and a quarter percent, 600 points, s&p up nearly six and appointed the nasdaq, look at the big texico, the nasdaq is up 438, the best part of 4%, welcome everyone this is the third hour of "varney & company" and we are about to begin. stuart: as it stands joe biden leads and electoral college votes, key battleground states are still very much in the air, liz peek joins us, fox news contributor, the bedding market say biden wins, that he has an 85% chance of winning, what say

you? >> i think probably unless these recounts are extremely surprising, biden may win this election, here i'll go on a lit'li a oserm pre prencsidey wh, thi t t t er sicans going toi be soo ha t wt tha thiha t t elec on as criedar o n,, ithust ahest ana ans wgans w illoing ings,inin mtesous sepphaingenn m igall tse states datinecgose tauseauseause te esor seom casesoresor mohamomo a day a,ll afhifs e diamendmehe pli pngollilio all dustry loo ld t lo hoe ho bno so complacent innttintntut hatosage,sat w t what w did d phasident trunt t did t idno have a chance,hee,oie, off fprs tut f eresisi and stind sfle thehe comeme money for his campaign, look what happened in terms of money for this campai

campaign, biden raked in $100 million, i don't know the exact number but a huge number while president trump fundraising dried up, why people thought it wasn't worth it because he was going to lose big time, there would be a big blue wave, this was a lie from stem to stern in the country is really going to pay the price for this. >> i think it's going to be a contested and protracted election, i don't see how the lawyers will be squirming over this and holding things up, nothing against lawyers, you gotta be fair but you know me rather well. >> we don't want this to happen, this is not the way the should've been done. >> the mistake was in changing the electoral rules in various states right at the point that voting was taking place, that is where the president has his case, he should not be doing that, the states run elections but when they run them unfairly that gives you a federal case to

go and say don't do that you were wrong to do that, i am terribly sorry, i have a hard break, they will cut me off if i'm not careful, i'll see you again soon, thank you very much. gotta go back to the markets, this is a rip roaring rally, 600 points up for the dow industrial, charles payne is with me, charles this is my opinion, i think this market is rallying for two reasons, number one the republicans keep control of the senate, no big tech hike on business, number two we may get divided government which wall street likes, where are you coming from. >> i agree with you on both of those, i think there's one other part that the economy won't shut down, this is very important for the stock market, the manufacturing, the home data, you should see class eight truck orders, they've gone through the roof, on my way and i heard two

separate commercials for truck drivers, one from schneider and one from walmart, once said you can make 4 cents if you and experienced driver up to 90000 a year, these industries are going to continue to thrive the country is going to continue to grow its way out of this thing instead of an abrupt halt, i think the market like that and appreciate that as well. stuart: have you ever seen a big tech rally like this one, it is terrific, why do you think it's taking place. >> is not a big tech rally, this is a stock that did very well this year, what happened last week what it felt like biden was going to win was a lot of people particular on wall street the word got out as we got the tax proposals he would try to make them retroactive to 2021, if you have big gains, take them down, is not just big tech, let's see

you have a retailer, up 76% for the year, down 8% last week, fedex up 72% for the year, down 8.5% for last week, t-mobile, up 40% for the year, down from last week, at sea, all these names on and on, it was not just big tech, anywhere you were you salt against the profits people were taking them off the table and people were saying after it's all said and done dry want to be in that and the answer is yes, do i want to be in nvidia, the answer is yes, they were afraid and they took those off the table last week. stuart: one thing that is upsetting a lot of people is the boarding above the cities and the stores in all major cities virtually, it was not that much of a protest movement last night, not that much, a few burning flags and fireworks in washington but it was not destructive, however, if we get a project enter protracted and disputed election, maybe that situation changes, what say you? >> right now the biden folks are

crestfallen, though not in right mode, the only going to write mode if president trump is declared the winner, i drove up fifth avenue and down fifth avenue and been on madison last night, i was shocked, i equated to an old civilization where they were waiting for million huns to come in in the next day they were bracing for the inevitable, it felt that scary. one thing for you, morgan stanley, that price upgrade, they don't like it, the analyst was wrong, he still has as an underway but he acknowledges it's probably going to, that's a weird thing wall street does, he still has the underweight that's why the price target is a blow where the stock is trading out. stuart: you were watching the show. >> of course i want to be educated. stuart: i promise i'll be watching you on "making money with charles payne" at 2:00 o'clock this afternoon a fine show it's going to be with

the market rally like this, thank you. see you later. can you show me some of today's winners, can you do that, can you stick them on the screen. >> united health, up 10% i don't see any reason why unitedhealth is up so much. susan: there is a reason for that, we have a divided congress and you can't implement a lot of these tax hikes or healthcare changes, that is the reason why receiving these two stock and sectors rallying ahead of everybody else, google hit an all-time i come about exciting and that's part of the rallying that were seen a big tech and money has to come out from somewhere to go into the specific sectors, the money is coming out of financial and material sectors today, why financial, have you looked at the ten year yield, there is fear out there, it is down a lot, 20 points from the peak last night, we were up 95 basis points, this morning route 75,

that's a huge move and that says there is uncertainty about the election results, will this be a prolonged contested election, i think people are running for the safety and technology is in defensive play, when you make money you're expected to make money in the place where your finding guaranteed growth. stuart: it sure is a rally in big tech, were seen alter the show, a few thousand both separate and divide president trump joe biden in wisconsin, could the badger state be underway to a recount, we will consider that in celebrations in the streets of miami as president trump wins florida he could have hispanic voters to think for that, we will get into that next. ♪ non-valvular afib can mean a lifetime of blood thinners.

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stuart: president trump won big in florida overnight, it was an even wider margin of victory then he pulled off in 2016, ashley webster is still there talking to voters in orlando, ashley you look good yet the sun tan, the whole ball of wax, what are people saying to you down there. >> obviously people in florida on the republican side are very happy it turns out overall president trump one by 3% but i wanted to pick up on a couple of issues since we've been here we've been talking about, you may remember a certain network that will remain nameless begins with c and ends with c was in the villages saying the democrats are moving in, what's a red county will be a purple

county at least, never happened, just to bring up the numbers, donald trump 60% - 31 for biden, almost identical to the result when trump b clinton back in 2016, forget that, the demographics are changing because we have so many people as we know who watch this program so many people leaving the northeast in california, the high tax hi regulation states and moving to florida a lot of people i talked to say they're not happy about it, why on earth would you be pushed out of your own state because of high taxes, move to another one but continue to support the party who supports high taxes it makes no sense, i did want to point out seminal county, this is an interesting result in a sign of things to come or maybe not but joe biden one in seminal county, the last democrat presidential candidate to do that, harry truman in 1940, 72 years ago, it

means nothing because as we say overall donald trump won the state quite handily for florida it is always very close, he went by three and half percent, the other aspect, it is been almost impossible to watch television right up to yesterday because of all the political campaign ads that were running hours and hours, hundreds and hundreds of million dollars spent, i wonder how mike bloomberg in bergenfield how we spent $100 million down the sewer as donald trump won the state quite handily, i wonder what he's thinking it was not money well spent but it was painful for anybody who is watching television in florida especially important swing state, 29 electoral votes and they all went to donald trump but it may not be enough, we have to wait and see. stuart: thank you very much indeed, great stuff from florida. let's bring in congressman republican from ford, congratulations on your reelection but let me talk to

about this, there was a huge voter turnout in florida and elsewhere, what motivated the people of florida to turnout by the millions. >> he increased his voter percentage by three times, almost four times, hamilton 400,000 people in a margin to win, i think a lot of that is your hispanic and latin american voters, cubans in miami no exactly what socialism is and that's why they fled cuba to come to the united states and i think they came overwhelmingly for the president in florida we flipped to house districts in miami-dade county that were democrat internet republican, districts that hillary clinton won overwhelmingly in 2016 so you certainly see a movement i believe with hispanic voters in the state of florida in my district alone if you looked at

approval rating in my district, the president's approval rating with hispanic voters was better than whites in my district, i think you see a move as the democratic party goes left to socialism, you see latino and hispanic voters moved to conservative platforms and conservative voting. stuart: what happened to donna in south florida, she lost and i'm wondering why she lost because last time around she one pretty big. >> that is a district over 70% hispanic, she is not hispanic, she does not speak spanish and maria salazar who won handily in the district is hispanic, she speaks spanish and i think you saw those hispanic voters, and droves and spi supporting a hisc candidate, we are moving in the hispanic votes in florida and they're moving toward conservative and republican it's a great thing to flip to democratic seats to republican. stuart: you did your bit for the president and ford about side of florida, the betting markets are saying that joe biden has an 85%

chance of winning, what say you to that. >> when you're counting votes that you don't know where these people and who this is and what these ballots are, pennsylvania for example i talked to a congressional colleague this morning and there counting absentee ballots or mailing ballots but you don't know who they are, no voter id requirement, no requirement on who the ballot in who that person is coming from, we do that in florida, you're counting votes and you don't know the person sending that paladin is a legitimate verified voter in some of the states, i'm glad in florida we do it the way it's supposed to be done with borde r id laws and if you send your ballot in absentee we know who that person is and can be counted appropriately, hopefully other states will do what we do in florida and you will see that going on across the democratic led states. stuart: congratulations, you won your seat for another two years, we will see you again real soon, appreciate it, thank you. look at the sports betting

stocks, i think they are all up big today, betting legalized in several new states. >> louisiana, south dakota, maryland during the other 18 states, now legalizing sports betting, using draftkings and national big gains in fact dar draftkings up 250% this year end pin is up over 119% and if you look at the research on how big sports betting can get especially as more states come online and legalize sports betting, it could grow 54 times by the end of this decade from current levels, were looking at one and a half billion, it can go up to over 80 billion by the end of 2030. stuart: i remember when it came in. >> nowadays, you consider the bar, the football game is up behind the bar, you got your laptop and you can bet right from there and bet on the game and drink your beer.

>> tablets and mobile phones, the little bit easier. >> that was a new element and sitting at the bar watching the sports team, that was brand-new. susan: a lot of the sports bettors moved to robinhood because they're used to betting with their stimulus checks they went to the stock market instead. stuart: i wish they would not confuse gaming with investing. susan: gambling with investing. stuart: thank you, check the big board, we are watching tight battlegrounds state on this day after the election, that the rally on wall street, one of the tight races, wisconsin with the national guard is trying to help count votes, it is razor thin and we have a live report on the ground coming up for you. ♪

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have two responses to that, number one if biden wins the white house, we still have the republicans in control of the senate, that means divided government, that traditionally has been good for wall street. second reason we have the senate controlled and still controlled by the republicans, that means no matter who wins the white house, there will not be a major increase in taxation, either people or businesses. am i missing something? susan: let's look at the numbers specifically, the research going back to 1944 we have divided congress, what does that mean for returns, usually around 7% for the s&p 500 in the year afterwards, that is pretty good and we seen the dowd jones data regardless of who wins the election the year after you get this out of the way, stock markets do tend to go up, today we are reacted to the fact that

you have divided government, checks and balances over abiding white house, that means healthcare stays intact, big tech will have to face higher corporate taxes and that is why some of the china plays are getting a bid as well. stuart: big tech is way up, we have to keep on emphasizing that, you don't see a rally in the big tech companies the way we are seeing it today, susan earlier today these are the companies that have extraordinary growth still. susan: solid return, safety appeal in times of uncertainty. stuart: 100 billion of the bank, each. susan: and 38 billion for profit and one quarter, three months. stuart: facebook it's up 20%, you prefer percentages that you. susan: google paid an all-time brand-new high. stuart: microsoft is up $10, $5 a share, 216 is your price, president trump, joe biden, and the battleground states of wisconsin, absolutely not

connect, 49.6 for joe biden, 48.9 for the president and that's with almost all of the votes counted, jeff flock is a milwaukee, they're bringing in the national guard to help count the ballots, is that right? >> they already did come about 20 national guard members came in, apparently there was ballots into small towns that had a bad code they got misprinted, some got blotched so they brought the national guard, not in uniform or anything but just to help transcribe those ballots so they transferred them to a thing that can be read by the machines and scan them, that is a national guard thing, yet you talked about how much vote is in, this report unconfirmed by me but wt mj which is a fairly credible source in milwaukee, only two small towns remain with both uncounted, one town of willow in the town of union, one in richmond and pierce, very small

and not expected to affect the outcome if you put the board up as biden ahead by about 20000 votes, the big swing came in milwaukee last night when the melon ballots were counted inside the building behind me which is called central count, 169,000 mail-in ballots, big democratic town, you can guess how that came out, swung it from trump up 70000 divided up 10000 at that point, some other boats came into, we will get a final unofficial result by 4:00 o'clock and we will get a brief feed from the state election commission in about two hours and they could release those results early, we should know wisconsin before the state is over, maybe before the neil

cavuto program is over but certainly by the four or 5:00 o'clock hour and right now it looks like joe biden wisconsin and i would point out to you, i think you know this as well if biden wins wisconsin and hold onto michigan where he is now ahead and has arizona, nevada and maine, he'd don't need pennsylvania and ordered to win 270 electoral votes, big stuff happening in wisconsin and michigan today. >> he has a clear path at this point especially if he takes wisconsin, thank you very much indeed, look who is here now, sean duffy, former wisconsin congressman and fox news contributor, sean only votes from two small towns in wisconsin still to be added to the list, joe biden 20000 votes ahead of the president, there is not a enough votes to overcome the 20000 vote i it looks like e president loses wisconsin, what say you.

>> these are small towns and republican towns and trump will probably get these votes, but there's no way 20000 votes, i think you're right, i think biden will win wisconsin, the big story was what happened in dean county the university of wisconsin madison, very liberal and been a really growing area, they came out in huge numbers with big margins for joe biden and that's what when the state provided, that was the threshold of the 20000 votes were talking about, milwaukee which came in late, were waiting for to come but there was a big changes in milwaukee county it did not affect the electorate, was dane county and the liberal voters that came out in mass that did not dislike trump's policies but they did not like him personally and went for biden, huge. stuart: as i see it, as it's been outlined to us, if joe biden does indeed take wisconsin and if he takes michigan and ahead in michigan as well, he's got arizona, he's got nevada, he

certainly ahead in nevada, if he gets that, he does not need pennsylvania which means it's over fairly soon. >> that's why the term campaign and the biden campaigner focused on detroit and basically all the michigan because that's a lasting for president trump, he loses michigan in this race is over, we want to look at what happened in the congress, republicans may pick up for five seats in the congress and what that means for nancy pelosi, the smaller your majority, the harder it is to get consensus because republicans had the same caucus and moderate members it was really hard for paul ryan to navigate and find a consensus between those ideological with republicans, democrats are going to have the same problem and

they will have less votes to do it with coming of the socialist radicals of aoc in the squad but you also have a number of moderate mainstream democrats who are going to be looking to the 2022 election where this is the midterm for joe biden and it will be tough for them to win and they want to be pretty smart and not too radical on the left, it'll be hard for nancy to manage that if she is still the speaker if not aoc and i think it's going to be a unique congress as we look forward to 2021. stuart: maybe want to go back to congress, who knows. >> i refuse. stuart: sean duffy, pleasure, thank you for being with us. the rally proceeds, now were up 644 points on the ground, that is 2.3%, the nasdaq is up 4%, 446, i gotta believe as joe biden looks like he might take

it, it looks like, nothing official, you've divided government, wall street likes it, stock market rally proceeds. susan: the s&p since may 18 in the best day for the nasdaq since april these are coming from the depth that we sold the end of march during the lockdown the high of the covid lockdown, this is pretty encouraging that as you get the vote out of the way you get money rotating back in. stuart: a lot of money coming into the stock market, that's a fact, four states have voted to legalize marijuana, that means one in three americans now lives in a state where pot is legal and soon to be available. we have a market rally as the election remains up in the air, next we had to battleground state pennsylvania, don't go anywhere or varney after this. ♪

stuart: mail-in ballot county is underway pennsylvania, president trump is leading up this moment, eric shawn joins us from philadelphia, we just heard strong words from the governor moments ago, tell me more about that. >> we did, firing back at president trump, claiming there is election fraud in the philadelphia is quite a disaster, they are still counting votes in the building behind me which is the philadelphia convention center but up in harrisburg governor tom wolf had a news conference in the last hour he was sharp again some of the presidents claims, governor wolf says the president claims that democrats are trying to steal the election here is a partisan attack, he says the election is being handled honestly and correctly

and says the system is working, people just need some patience but that our democracy is being tested. >> pennsylvania will have a fair election and that will be free of outside influences. i will vigorously we all will vigorously defend against any attempt to attack that vote in pennsylvania. >> the defense comes as republicans have filed a lawsuit against one county outside of philadelphia kathy barnett who challenged congressman, won reelection by the way, burnett is suing for helping voters with their ballots, she wants 1200 ballots tossed, the county says it only help 93 voters to correct mistakes, barnett says that violates state law. take alive look at the philadelphia convention center

where many are still counting a lot of votes, they expect up to 3 million votes that have been cast here in pennsylvania, they are going on 65000 votes counted overnight and officials at a news conference in the last hour say they basically counted just under half of the votes, is a 24/7 operation, they say the election ran incredibly smoothly and very smoothly for the presidential race, not a lot of problems at all but there was one tif and dustup with republican poll watcher showed up at a polling place, he was denied entry even though he is a certificate to go in, he told us he think he was denied because he is a republican, official say it was a mistake, misunderstanding and then corrected and he was allowed in to observe the voting and that polling place, were waiting for the results that could come later tomorrow or friday, some folks thinking monday or

tuesday, hopefully not that long. stuart: thank you very much indeed, let's bring in khyber and skinner, fox news contributor, it looks like a legal fight is almost inedible and pennsylvania, what say you. >> it does, it's unfortunate that that may happen, i am sitting in pittsford enter pittsburgh pennsylvania speaking with you in about a round part of about around state, i'm in the 17 congressional district against the moderate, so-called moderate democrat conor lamb who is running as a one turn in cabinet against sean parnell who is running as a republican it was a lot of backing from the leadership of the republican party and involved in the republican convention. i am about around district within about around state and what i'm seeing here, we have a very divided electorate, in my

district is swings between democrats and republicans in the crossovers on both sides, it's really hard for an incumbent to hold the seat, there is just so much attention on pennsylvania and its 24 electoral votes because of the evolving demographic nature of the state, your philadelphia pittsburgh, the intense urban centers that have multiple ethnicities and are very liberal, but you have a vast rural area, bigger than many other parts of the country with lots of people and their approach from, as a drive around the state, it's as if i'm in a split screen, the urban areas seem to be trending for the president, but the rural areas which are largely white ethnic are going for trump, the challenge and the surprise state for trump in 2016 which he hopes to pick up again is that he

pulls away in the urban areas, some of the minority vote, some of the black vote, we just don't have the numbers yet to know if indeed he is successful and even some of the urban voters who are worried about the violence in the protest and all that happened this year, some of them are looking at trump as an alternative, they don't want the cities burning, they don't want their streets to be unsafe, this is still a tossup but my bet is on donald trump because we see so many votes ahead as we understand it now, abiding in this very interesting state. stuart: it is still a tossup, that is pennsylvania for you, carmen skinner, thank you for joining us, i appreciate it. voters in california have seen

the light, cooper and lift soaring at the california voters passed prop 22, what does that mean. susan: that's a win for giga economy players, yes for prop 22 over 58% saying yes, no at 42%, cooper and lift and doordash exempted from classifying the drivers as the employees with benefits, that was a major threat to their future business models, despite winning the votes, there are still offering concessions for drivers who work 15 hours or more per week and you get 30 cents extra per extra mile driven but the company states a similar lawsuit in massachusetts and other states are considering similar action as well, i give you statistics on what it's government means, i came up with more numbers for you, it is actually the best scenario for the stock market, democratic president presiding

over congress occluding to csr research, 13% return. stuart: it is playing out now, there is a possibly a split government right now in the very near future in the stock market is going straight up, very interesting, thank you, minimum-wage, that was on the ballot in florida, lauren what happens b3 it passed, florida's minimum-wage will almost double it is $8.56 an hour, now that goes to $15 by 2026, florida is the eighth state in the most conservative to approve the 15-dollar minimum-wage with more than 60% of voters supporting it. the good news is, it raises the paychecks for two and half million workers but the bad news this hurt small businesses especially, real quickly the list of the eighth state that has a $15 minimum-wage california, connecticut, illinois, new york, new jersey, massachusetts, maryland and

florida. how does florida get in there, the essential workers, low-wage and the coronavirus has given a support for the cost. stuart: thank you very much indeed, you're watching the markets we will get jason chaffetz to join us after this, that is a rally, no matter what the election turns out, that is a rally. ♪ (vo) i'm a verizon engineer and today, we're turning on 5g across the country. with the coverage of 5g nationwide. and, in more and more cities, the unprecedented performance of ultra wideband. the fastest 5g in the world. it will change your phone and how businesses do everything. i'm proud, because we didn't build it the easy way,

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stuart: the republicans, it sure looks like will hold onto the majority in the senate, jason chaffetz, former utah congressman, i think jason, you think the republicans holding the senate is the best thing since sliced bread, am i right. >> i do i think it's one of the biggest untold stories, there were literally $100 million there are not people like lindsey graham, they spent 70 something plus million dollars going to mitch mcconnell and both won by more than ten percentage points, there were all these speculations about susan collins, joni ernst about steve gaines and they all rolled to victory last night. i think the idea that chuck

schumer moved too far too aggressively on impeachment, the shield that they did on russia, all the talk about packing the court and expanding the court, that really rolled to the republican side of the aisle in most mainstream media outlets, said the senate is going to flip and chuck schumer is going to be the majority leader but fortunately he's going to be the minority leader. stuart: i don't want to say loser but somebody on the wrong side of the fence is speaker pelosi because her majority in the house i believe has been cut by four seats, may be more, another loser there. >> she was predicting an expansion close to 12 feet, republicans gained a few seats, it's not enough, they need to figure out a strategy on how to win back the house of representatives, the margin is lower but when you have to win

by a majority of votes in the heavy hammer that nancy pelosi wheels, she still controls the house, a little bit disappointing on the house of representatives but such a huge win in the senate, a really no matter where the presidential election goes the fact that the republicans retain the senate is one of the biggest stories out of the night. >> divided government is good for the stock market in your experience you are in congress for a long time, is that accurate? >> yeah, it's more conservative and not much happens, things don't swing wildly in the expectation of the market will stay steady because there won't be wild gyrations with one party pushing it one direction or the other, i still think of fighting gets into the presidency the market will react negatively because of the regulations he will throw between him and harris but in terms of legislation it is pretty steady. stuart: thank you for jumping on the show at the last minute, we always appreciate it, get some

sleep we've all been up all night. check the market, you're up nearly 700 points for the dow industrial, will have more on that in a moment. ♪ and for helping me get my money right. ♪ . .

stuart: i sense some litigation trouble ahead with this very closely narrow race that we've got here because trump just tweeted this, he says, they are finding biden votes all over the

place, in pennsylvania, wisconsin, and michigan. so bad for our country. there you have it. the rally is continuing. you're up 700 now on the dow. maybe divided government is what attracts investors. my time is up. here is neil cavuto, who has been up all night, neil? neil: i think i have. you have i'm sure. stuart, thank you very, very much. we're following this, divided government seems undivided issue corner of wall and broad. we're following a couple of big developments here including ongoing vote count in philadelphia and detroit. the possibility could have at least in the case of detroit and michigan, some final numbers, who knows, by end of the day. could be the same with wisconsin. who bus that benefit? who does that favor? who has the lead? we'll check in with jeff flock in wisconsin and