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 grady trimble

in pennsylvania. we start off with jeff flock, with the latest what is happening in milwaukee, wisconsin. jeff, you were the first to say given some troubles they were having in the milwaukee area, but if they resolve them, they could quickly get this settled. they appear to be moving rapidly in that direction. reporter: yeah. the trouble was essentially just a tsunami of mail-in ballots, 169,000 counted in this building back behind me. with all due respect to the president, he certainly deserves respect and to this tweet, it is not that they're finding votes. they simply had a lot to count. and last night, as you know, neil, we showed it live on the air, we had pictures what was going on here, the counting of the mail-in ballots. it was about the most transparent counting that i have ever seen. news reporters and other observers allowed to roam around outside the bounds where counts was taking play.

to sob i have it, what everyone was doing, when the count came in, took from a trump lead in wisconsin statewide to a very small joe biden lead. here is the latest news on what we believe the current state of play is. we, we believe now only two small towns, one in richland county, one in pierce county, wisconsin have yet to be counted. they have about 300 people each. biden is currently up 20,000 votes. scott walker, even, last hour on "varney," sean duffy, the former congressman from wisconsin said he is not going to make that up. scott walker tweeted, former governor, republican governor of wisconsin tweeted, if it holds, 20,000 is a high hurdle. i would leave you with the fact that 328 million people voted in wisconsin. that is and all-time record. i would point out to you, not that you already don't know this, if the president loses wisconsin, if biden wins it and

also wins michigan, and holds on to arizona, nevada and maine, then it doesn't really matter what happens in pennsylvania. he has a path to victory without pennsylvania. the final, final note here, it does look like this will be less than a percent point between the two. that means president trump could ask for a recount here. he would be entitled to it. if it is less than a quarter of a percent he wouldn't have to pay for it. but we haven't heard yet. we'll see where it goes. we expect in the next half hour to get a briefing from the state election commission. we may get final unofficial results at this point. at that point the state goes to biden until something else happens. neil: i'm glad what you said. it is volume, jeff. we can look at all sorts sinister intentions, not meaning to politicize it. volume, volume. so many people voting. records numbers. stores, get crowded they can't handle the crowds, stores, they

get the situation where they can't handle crowds. that is what this comes down to. hopefully they handle this one way or the other. jeff flock in philadelphia. grady trimble, pennsylvania will not be settled quickly, that already we know. voting authorities already laid out a plan that could delay it for a number about days. grady, what's the latest? reporter: well, neil, jeff mentioned that pennsylvania might not end up matter, but as of now it still does. if it comes down to this key state what is going on behind me, the pennsylvania convention center could be exact votes it comes down to. as jeff mentioned the vote count there, that is what they're doing in this building. the mail in votes have not been counted. half of them for the city of philadelphia have to be counted. about 1.2 million of them statewide. so far that has been a slow process. what the president set out to do on election day was get his supporters to show up in person

to vote, run up his total so that once those mail in votes are counted he would still have a lead but that is the big question right now. will he have a big enough lead once all of those mail in votes do get counted? and the president indicating that he would pursue legal action depending on the results. take a listen. >> the delay we're seeing is a sign that the system is working. this is a new system. went into effect act 77 last year. there are three million, millions of mail-in ballots that are being counted. and that takes longer than the, the way we used to do it with the stand in person voting. so we may not know the results even today. reporter: that of course is not the president. that is the counter point to the president saying he would take this all the way to the supreme court that was democratic governor tom wolf who says that every vote will be counted. as you heard there, even if it does take several days.

as you know, one of the biggest points of contention is in 24 state that those mail in votes, as long pass they're postmarked before november 3rd could be counted all the way up until friday. so it could be several days. because of that it could lead to litigation because of that. it could be a long process. we'll have to wait and see how things play out here, as there are, as i mentioned, 1.2 million mail-in votes left to be counted. several million votes, including in-person votes not counted just yet. neil. neil: thank you very much, grady trimble in philadelphia. i want to go to ron nichols, we love having him here. "axios" reporter fame. hans looking at this now, what it feels like bush-gore. it might not be that. play this out given the possibility wisconsin could report today and or tomorrow, same with michigan. you could get nevada settled one

way or the other. pennsylvania becomes less of an issue and this is settled within 24 to 48 hours or am i being a little too optimistic? >> well, no, you're just counting right. the math matters here. that is why we need to wait and see what all these precincts say and what the actual margin is because at a certain point the math gets to a stage where it is difficult to let the lawyers determine this. that is always been biden's theory of the case. his best offense to run up the numbers and win convincingly. well that didn't quite happen. there may still be a victory there at least for biden. that is what his aides really think. when they're briefing, talking to reporters either on the record or on background they're very clear they think the numbers are on their side. now the numbers also appear to be on the other side because bill separate yen, the campaign manager for the president saying they think they won arizona by 30,000. they think they're going to win pennsylvania by 40,000.

so we're really in this math argument here. that can't be settled until all the votes are counted in certain states, neil? neil: interesting. you know, we at fox called arizona despite a little dust-up nasty reaction to the president for joe biden last night. that is built into the 238 electoral votes we have joe biden presently enjoying right now. you talk about math, if you take then some of the states in which joe biden is leading, michigan, 16 electoral votes, 10 in wisconsin, throw in nevada six. he is at 270. so, how does that lay out? i mean obviously have the president demanding a recount in wisconsin. could drag it out a little bit. but is there a number of options that the former vice president would enjoy and pass that he would enjoy that donald trump does not but i could be looking at this too limited a fashion. i'm sure you've picked apart the

possibilities. what do you see? >> no. i mean the numbers, margins matter here, right? so again, if it is 30,000 or 40,000, whatever the final tranche of votes says, if those are accepted assertfied by the secretary of state. that doesn't preclude president donald trump from mounting a legal challenge. it just makes it more difficult. secretary of state validate the votes. they say this is number of votes. when we get into early december, it gets much more difficult for the president to claim that, no, there was undercount here, an overcount there. so the counting in the margins matter and that's why you saw biden last night, not declaring victory but saying we think we're in a position to win. the similar line we got from the campaign manager and one of the top attorneys. either way though, i mean we've been writing about this now for several months how this election is really just a full attorney ememployment act. if you're an election law attorney, you're out there in the states you have a job. and both sides have been

lawyering up. some of the attorneys on the democratic side are pro bono. likely on the republican side as well. you have armies of lawyers been preparing for this. no county clerks, know the jurisdictions and venues, whatever legal quirks there are in each state. both sides have been preparing this. this shouldn't be entirely unexpected. surprised, not shocked. the next phase of the election is contested in the courts. we see if the system works. if the institutions hold. neil: you know, talk about the institutions, hans, the president laid down the gauntlet yesterday, this could go to the supreme court. if you are sitting on the supreme court and you're looking at this just playing out with the count of the votes in michigan and wisconsin, in pennsylvania, you're not going to interfere with that, are you? it's not, similar at all to the florida situation 20 years ago. i'm just wondering wouldn't you, sitting on that court, just sort

of say, let's see how the count goes, we notice every day numbers are changing every hour, we're getting a little bit more clarity, so there is no reason for us to intervene? >> maybe but the trump campaign everything signaled they will mount legal challenges. and you know, i don't mean to make a philadelphia lawyer joke here but you don't have to be a philadelphia lawyer to think the trump campaign will mount a claim, mount some sort of a challenge in pennsylvania. and that is just one of many. as to how the court is going to rule or adjudicate that, you know, i wouldn't begin to hazard a guess. in part we don't know what the case is. all we know, we don't know what the standing is or the legal issues are going to be or what the case is going to look like. we do know that trump is signaling and his attorneys are signaling they will mount some sort of a challenge. what that looks like the case goes up through the courts. hopefully decided on merits and we get resolution and we don't

have had dreaded possibility or outcome of two presidents at one time. that is something that the constitution doesn't con testimony plate. that is what really scares constitutional lawyers. if you want to get them worried ask them on january 20th at noon, if president trump is still claiming to be president. that is where things get really messy. there isn't a resolution mechanism. neil: could be like odd couple. can we have two presidents without driving the other crazy? but then that is a reference to some '70s tv show. we'll see. hans, thank you very much, always good having you, my friend, appreciate it very much. >> you bet. neil: to a lot of points hands hands was mentioning, stocks rocketing ahead on the idea we might get closure sooner rather than later. that is the more popular excuse. i want to go to dick grasso on

this, former new york stock exchange chairman. remind me, markets abhor uncertainty. they would like clarity. not a left or right thing on this. they like clarity. do you think that we will have clarity on this one way or the other or do you think it will drag on? >> i think it will drag on, neil at the presidential level, but what is the market telling us today it very much likes the fact that it appears, and i say it appears because there is runoff in georgia that will happen in early january, that we're going to have a divided congress. and, that coupled with the fact that the republicans have picked up seats in the house, i think, though what the market is sensing whoever is in the oval office, and whoever is, you know, that leadership at the cabinet level, they're going to have to find a way to work with

both sides of the aisle on behalf of the american people and particularly, very quickly, some relief that was, you know, expected as a result of the coronavirus. i think what markets are saying is, it is great that we're going to continue with divided house in the congress. in the presidential, you're right, neil, could drag on for a period of time. i don't think we're going to have two presidents but i do think we're going to have litigation. hopefully it will be resolved quickly and the most important thing, neil, is that the american people, whether you're a candidate, has won or lost, sense that that victory or that loss was achieved legitimately. we don't want this to be viewed as a venezuelan result or a result, you know, the last time vladmir putin ran for office in

russia i think he got all but two votes in the entire country. neil: and those two guys disappeared. let me ask you, already the president's is getting his share of criticism for his stance on this, calling into play whether something sinister is afoot. chris christie former new jersey governor said that all of these votes have to be counted. tonight he was talking last night, is not the time to make this argument. marco rubio pushed back on the president's premature declaration of victory, of the results of the presidential race will be known after every legally-cast vote has been counted. so these are republicans who are saying don't, don't pull this button right now, mr. president. what do you think of that? >> well, i sense even the president in his frustration of what he perceives to be some manipulation of the vote count, the president, i think has said,

if there is a legitimate, verifiable, vote count that goes against him, that's democracy. we all have to accept that. neil: all right. dick grasso. great catching up with you. let's see what happens. we might have very quickly resolved or it might drag on a little while. the rule of thumb, the longer it drags on the more stocks peel under pressure. we don't know. dick grasso, thank you very much, my friend, here. we're following a couple other developments here including how soon we could get results from michigan and wisconsin, two states tipping to the former vice president's way, again within the margin of error. how many times you heard that, enough if they were to tip right now to joe biden, you joe, state like nevada with six electoral votes that could seal the deal for him. that would put him right at 270, wouldn't it? after this.

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♪. neil: you know we keep telling you about the states that are still in play because we don't know. they include georgia, michigan, pennsylvania, wisconsin. you haven't heard as much talk

about north carolina but it too is in play right now. 16, i'm sorry 15 electoral votes there. remember north carolina was one of those states pushing back time they would release results because they were inundated given heavy voting. mark meredith in north carolina where things stand now. what can you tell us? reporter: neil, as you were showing in the latest full screen the president is leading in north carolina by much smaller margin than he won four years ago. but with 15 electoral votes up for grabs, both parties will not shrug the race off. they want to see final numbers in north carolina. that is the same with the senate race we've been talking about with republican incumbent thom tillis facing off against call cunningham. tillis leading by less than two percentage points in the race. that is fascinating to see so much money spent on the race what that will mean. senator thom tillis had a chance

to thank his supporters even they cal cunningham did not concede the race. tillis went to his party saying he was eager to get back to washington. here is what he said last night. >> we were holding up to hear from my opponent. we want to decide to come over here to talk to you all because what we accomplished tonight was a stunning victory. reporter: we are expecting to get an update from the state board of elections around 2:30 today, neil. give us an idea what comes next with them. there were 117 outstanding absentee ballots. they were ballots i had mailed out and not returned back in. unlikely they will be returned on election day. there could be a race where numbers make a difference. we're expected to get an update from the board of elections 2:30. all things considered here in

north carolina smoother process than other states. north carolinians are eager to see what the final results will be. neil. neil: mark meredith, my friend following in charlotte. let's go to chad pergram, whether the democrats might kiss good-bye to taking over the senate. as you see it, chad, what do you think? reporter: it is kind of on the edge, mitch mcconnell, majority leader indicate we would know by the end of the day. the maine race is still out. republican senator sewers san collins has a lead over democratic challenger, sarah gideon. we'll talk 1:00 what we hear from susan collins. democrats thought this year to flip the senate. the deck was stacked against them in 2016. they had to defend some seats on republican turf. the shoe was on the other foot here. 23 republican seats, defending seats, many seats were defending in battleground states.

let's go through the races right now. democrat john hickenlooper, defeated gop colorado senator, cory gardner. former football coach tommy tuberville handily defeated doug jones in alabama. fox called mark kelly unseated senator martha mcsally. mcsally is not conceding. gop senator joni ernst was victorious. the confirmation of amy coney barrett may have given ernst a boost especially in catholic dubuque. democrats have a chance to win a seat in georgia but not until next year. gop georgia senator kelly loeffler is headed to a run i don't have against democrat after farrell warnock on january 5th. for the house of representatives, democrats were forced to defender close to 30 seats which president trump won in civil sift civil 2016. if anything he helped the.

>> the worry that president destroyed republicans down the ballot. that did not happen this year or in 2016. reporter: we know democrats in the house of representatives will have a smaller majority. it will be a more liberal majority because there were so many moderate democrats who lost in the swing districts. there could be recriminations for house speaker nancy pelosi. keep in mind when the democrats did not get the house back in 2016. there were some democrats who wanted her head. we'll see if they go after pelosi this time because they were expected to gain seats. that was not the case. neil? neil: chad pergram, thank you very, very much. so much we still don't know here. but if it's a good bet the senate stays republican, the house stays democrat, albeit with a few, couple of fewer seats here, then the issue becomes the white house and how that is ultimately settled. that is what we don't know. we could get some key indications, maybe even calls from our fox decision desk on a couple of key states but they are the keeper of the facts.

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♪. neil: you know, when you got what, 95% plus of the vote in a given state, the immediate question, can you call it already? as i was trying to mention last night, emailing me, 40% of the vote, you're already calling it. another state you have 12 people gathered in a room with state with 10 million voters you're calling it. which by the way we never did. sometimes we wait until we have 15 people. but the point it is a mystery, right? in michigan they're on the verge of being be able to call this

right now but it is tight. it is very, very tight. matt finn here to spell out the battle for the 16 electoral votes there. how is it looking there, matt? >> neil, like you said, very tight. according to the fox news tally on the foxnews.com website, here in michigan with 96% of the reporting in, joe biden is ahead by just about 30,000 votes statewide. in 2016 the president won this state of michigan, he flipped red with just about 10,000 votes. now a short while ago michigan secretary of state said right now there are about 100,000 absentee ballots statewide have not been counted. they are potentially expected to help joe biden. some will definitely come from here, detroit, a democratic strong hold. some absentee ballots might come from western side of the state, grand rapids. the area president won in 2016. the absentee ballot count

something still going on inside of this massive convention center in downtown deep voight. the state of michigan had record three million plus absentee ballots cast, all-time high. state law prohibited the ballots being counted any earlier than election day. the right now the remaining ballots are still being counted one by one. a short while ago, the secretary of state of michigan acknowledges there are complaints coming in from this facility some of the challengers are raising issues with the process here. the secretary of state of michigan acknowledged those complaints. so far insists the system is working correctly. she is not commenting on any direct allegations. >> the heightened focus that our state is under and that our processes are under, so we fully expect there will be a number of people, watching the process, or perhaps even as we already heard putting out allegations about the process or anything in between. the bottom line for us is that we're just focused on getting

this right. we're getting, we're focused on getting this right in a way that can with stand any court challenges. reporter: back in 2016 the president flipped this state red. he won by just 10,000 votes. that was the smallest margin of victory in any state in 2016. so in theory all the democrats had to do was garner 10,000 plus more votes here in detroit, here in wayne county, and they could have pushed biden over the edge. neil? neil: matt finn, thank you very much, my friend. this fellow is getting a lot of credit for pushing joe biden over the edge. he refuses to take a bow for that. rick snyder, the former republican governor of michigan who endorsed very early on joe biden saying he is still a republican but the preference was for the democratic presidential standard-bearer. he explained why then but governor, that might have made the difference for joe biden. i know you kind of poo-pooed that kind of talk but i'm wondering, looking at the

numbers now, is it within the recount area that the president would be, within his rights to demand a recount? >> well, again, neil, we just need -- all these ballots. you just heard there is over 100,000 more to go. the thing we should be really proud of our system is really working here. isn't it amazing to see huge attorneyout across the board for both candidates, to see the process working as smoothly as it is. as reporter mentioned state law required the process to happen this way but it is working. so i think it just requires some patience and thoughtfulness say let the votes come in. if you look at four years ago, 10,000 was the margin. neil: i remember. >> again it could be much different, could go for either candidate. neil: what are the rules, governor, on that, if you will indulge me here. at which point the losing open phone has the right to call for

a recount? >> i don't actually track those rules. that is up to the secretary of state traditionally. the governor didn't do that -- michigan. had huge turnout where the ballots are coulding from. this is where michigan turned out for years michigan -- [inaudible]. to do it well. we'll get good results in michigan. neil: we'll see. governor, we're having audio issues for you. i apologize for that. hope to talk to you about that. you heard from governor rick snyder from that. 100,000 ballots has to be counted. whether that adds to joe biden's lead or takes away from it here. it is tight as a tick. 20,000 between the two men in that state. versus 10,000 difference back four years ago when better than five 1/2 million ballots were cast. there was just a separation of 10,000 votes. that was then. what happens now? we are on that and more and how

wall street is taking all of this in, very well thus far. thus far. after this. ♪ i knew about the tremors. but when i started seeing things, i didn't know what was happening... so i kept it in. he started believing things that weren't true. i knew something was wrong... but i didn't say a word.

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♪. neil: the dow up close to 800 points. you know a remarkable theme last night going in and out of these numbers, when it looked good for president trump, when it looked bad for president trump, when it looked like joe biden was surging, blah, blah, the dow, futures of the dow they were going all over the map but you know what never turned south? the nasdaq futures, rich in all the technology stocks on a tear today. interesting development, i don't know quite why that is the case. i bet my buddy charlie gasparino does. he joins me now, taking a look how wall street reacts to all of this. what do you think, buddy? >> a couple of things is going

on. the president, we understand seriously weighing contesting whatever, whatever results you get in wisconsin, michigan, pennsylvania, nevada. so this thing could drag on for a while. usually that's a bad thing for the markets, right? a long contested election but here is what you saw in the wall street research that came out this morning. i found it fascinating. places like blackrock, the big investment firm, what they're saying, take a deep breath, divided government is really good. here's why. republicans are likely to keep the senate. by the way if gary peters loses seat in michigan, you're back to 53, right? 53 republican senators. you can't pass joe biden's spending plan if that is where the senate is going. he would need, even budget reconciliation he would need 51. i mean that is where we're going right now. it looks like divided government and wall street pitching research out there saying guys,

investors this, is really good. you're not going to get the big capital-gains tax increases. the republicans keep the senate. you will not get massive spending. that means bond yields should go down a little bit. we should look at a 30-year chart. if, in my view, i'm not saying they're down, i haven't looked, but they should not be spiking today on the notion of massive new spending. put all that together, it's a market positive. i think that is what you got going here. literally, when i woke up this morning i saw, i have sources that work on the street that trade. that's what the research was saying. so, neil, divided government, markets think it is good. at, trump may ultimately win which they would, which i guess would be a net positive for stocks but that would kill any capital-gains tax increases and all that, but with the divided government, with the republicans keeping the senate, biden is going to have a very difficult time getting through his tax,

his tax-and-spending plans, green new deal. forget about packing the court. this is, this is key. democrats ran the table, i mean, massive change would be coming to this country and it looks like it is not. trump's, you know, i talked to a bunch of political advisors today as well, you know, listen, donald trump, dug himself into a hole for a lot of reasons. that first debate performance wasn't very good. he didn't make the case but his campaigning towards the end was non-stop. he was almost bionic. he might have, that campaign, even if he does lose probably helped the republicans keep the senate and wall street is cheering about that right now, neil. back to you. neil: nevertheless, key republicans former new jersey governor chris christie, marco rubio, are not fans of the way the president is contesting what they consider legally-cast votes. that it is a mistake in

direction he is taking. so they will support him up to a point. i'm just wondering, does the street have any horse in this race or are they satisfied with whatever happens at least there is going to be divided government, generally a positive for the stock market? how is that part playing out? >> well, the latter. what i'm hearing is, you know, the worst-case scenario is not going to happen. democrats run the board. i mean this was like not a good night for the aoc wing of the party. i mean it was, that sort of progressivism was rejected. wall street, if people on wall street know joe biden. they think he will work with the republicans if they pick up the seat in michigan. that is key. that is what the street is looking at. worst-case scenario, divided

government, we're off to the races. neil, there is a lot of money on the sidelines. from what i understand, the last couple weeks the markets have been skittish. big investors ratcheting back, taking some gains. they have money to invest from what i understand. now they could start putting it to work now, particularly if the senate holds republican. you could see a nice rally at least in the short term before we figure out where the economy is going, vis-a-vis covid, all of that. obviously if you get a vaccine, covid vaccine that is market positive as well. if you're on wall street, right now, looking at what it is right now, even if trump loses, if the gop keep senate, particularly if they keep 53 seats, a lot of investors are pretty happy right now. neil: certainly evidencing itself today. thank you, my friend, charlie gasparino on that. as charlie was speaking trump campaign will request an recount in wisconsin. the vote is not finalized.

they were within a percent. i don't know what it would be calling for recount, but similar live tight in michigan. the recount request is in. we'll see what happens after that. that means we do not get anything solid or clear out of wisconsin a couple days. a state cannot formally be called. even for the time-being, joe biden with a slight advantage. michigan it is even slighter advantage. stay with us. ♪

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♪. neil: all right. if it looks like, and it looks like the senate will stay in republican hands, and, joe biden somehow pulls all of this out and marchs to the white house, is it going to limit how much he can do, at least with some of these big pushes by progressives? spend big, go long, do all that sort of stuff. not maybe favorable environment for alexandria ocasio-cortezs were envisioning or even bernie sanders. go to tezlyn figueroa, former bernie sanders campaign staffer.

from that read, tezlyn, you could make an argument that the progressive wing of the democratic party is kind of in doubt. even if joe biden makes it to the white house he has a big block in the united states senate. should progressive be worried? >> well, i don't know what they will be bummed out about. joe biden is not a progressive. no progressive believes that joe biden is progressive. i don't like to use absolutes, neil, i can say absolutely no progressive believes that joe biden is progressive. if anything, biden didn't sell message strong enough to those that didn't look at his record to show he is not a progressive. bernie sanders is the only self-described democrat socialist. even though i worked for bernie sanders, people have to understand, even bernie sanders there are trends saying oh, bernie would have won. that is not the case in the general election. conservatives do not like socialism period. bernie would not have won in conservative districts.

so they put the best candidate they felt would be the best shot for the democrat party. now we have to wait and see if that is going to be true. but as far as progressives having hope and believing biden will all of sudden do something different, doesn't seem at all if biden was interested in pleasing progressives because they were certainly not included in the outreach plan. i think the biden campaign and lincoln project spent $40 million trying to convince republicans to vote against donald trump. progressives were very low on that list. neil: could you have fooled me, tezlyn. during the campaign, obviously for the democratic nomination, where he was, joe biden parroting a lot of their positions, you're quite right in the general election as candidates tend to do, he kind of pivoted back to the middle. you don't think some of issues, "medicare for all," or, you know, reining in fracking, way beyond just federal lands,

phasing out oil industry, you don't think any of that stuff will happen? >> joe biden said he doesn't support "medicare for all." neil: he wanted to bring it down to 60 years old, right? >> he wanted to bring medicare down to 60 years, not "medicare for all." two totally different things. progressives thought that was a joke. he doesn't push these policies. aoc doesn't run the democrat party contrary to popular belief. joe biden is a moderate, a central left moderate. that is where the country is. we can see by this very, very close election. so of course progressives, they're going to continue to push the line, no doubt about it. they will push the policies regardless who is in office, whether it is joe biden or president trump is reelected. but the fact of the matter is joe biden will not all of sudden be somebody different he has been with last 45 years. if people are confused -- neil: if he is a moderate i'm michael phelps. >> yes, i do. i do. neil: okay. >> i do based upon his record.

not based on what people say during the democrat primary. not based on what people say during the general election. let's go by the receipts, the receipts show he is center left. he changed some positions. overall take grand sum total of it all, he leans center left, period. neil: i take your word for it. tezlyn, let me get an idea something bernie sanders said a week ago. i don't want to misquote him, but he seemed open to the possibility if joe biden doesn't you know go in the right direction, that he could challenge him for the party's nomination. i think i got that right. what did you make of that? >> are you kidding me? i'm sorry, i couldn't even, this is part with with. bernie sanders will not challenge anybody. the votes have been put in. the ballots cast. we'll see how it moves forward. bernie sanders will sit there take it like he has. i will not play this delusional

game. neil: the delusional game is talking about 2024. >> please, come on, neil. neil: on that map -- look ahead to 2024. you don't see that happening? >> i can't, i really want to laugh with my head back because i don't want my earpiece fall out. the end for bernie sanders. the next in line, nina turner. rapper "killer mike" run for progressive party 2024. it's a wrap for him. neil: what we're likely to see, there are more paths for joe biden to get these 270 electoral votes then presently donald trump. anything can happen. i was noticing, tezlyn, if you just add up, if he were to pick up michigan, nevada, an wisconsin, those three states alone he is there. so do you think he will be there in a matter of days? >> yeah. i don't know. unlike the other pundits i have not did predictions because i've

always known that this race is closer than what people think. i'm one of the very few liberals that will come to fox news. i have been able to listen to both sides of the aisle. so to me it always been closely. no vote can be taken for granted. i kept pushing joe biden to get on the campaign trail and do more face-to-face interaction. we'll see you, i ask you, do you believe, neil, do you believe joe biden next two or three days? neil: it is looking that way. but what do i know. >> we'll hold neil to it. neil: you know why you're so good, tezlyn. you have a great sense of humor. you answer every question. you're direct and you make fun of anchor asking you the questions. that is the only problem with that tezlyn, thank you very much. good catching up with you. >> thank you, neil. neil: we'll see what happens. tezlyn figaro, former bernie sanders campaign manager. she knows her stuff. the dow is up a little more than 700 points. how this plays out after this.

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going to make this challenge. we sliced about 100 points off that. blake burman at the white house with more on all of this. blake, what are you hearingsome. >> we were on a phone call with bill stepian as he was briefing reporters, and the trump campaign is very confident in their path going forward. they're laying out their data and their math as to why they believe the president can cross the finish line here. this is their data, their math. maybe they'll be right, but this is the argument they were making today. first off, let's start in wisconsin because there is news out of the trump campaign that they will officially request a recount because the margin there appears to be under 1%. stepian saying, quote, that is recounter the story, talking about -- recount territory. michigan, outlying republican counties still left to be counted and he said, quote, we are confident in a path that

includes michigan. of course, we are also watching pennsylvania. here's the map that they laid out, neil. the president's campaign manager saying with the outstanding ballots in philadelphia, if it goes 95-5 biden and the rest of the outstanding ballots go 70-30, biden/trump, they believe still under that scenario that the president would win pennsylvania by 40,000 votes. so that is the pathway they see there. let's move out west now to north dakota. the president's campaign -- to nevada. the campaign manager saying they believe they will eventually one by a margin of some 5500 votes, late breaking male voters is a trend they like in that state. arizona, they say ballots cast closest to election day are the ones cast now. they feel they are going to get about two-thirds to 70% of those breaking for the president, they say that adds up to 30,000 votes to the president's favor, and then georgia, they're really not worried about that, stepian telling us, quote, we have a

healthy lead, and that will remain. as far as president trump goes, neil, he has been on twitter today sending out the way that he sort of sees things. this was one tweet from the president this morning saying, quote, they are finding biden votes all over the place in pennsylvania, wisconsin and michigan. so bad for our country. of course, many would point out that they are not necessarily finding votes for joe biden at this point but, rather, counting votes for president trump and joe biden. neil? neil: thank you very much. blake burman at the white house. the read from campaign biden, let's go to hillary vaughn in wilmington with more on that. hillary. >> reporter: hey, neil. well, the biden campaign woke up this morning a lot more confident than they went to bed last night. while biden has been biding his time not wanting to prematurely declare anything, his campaign is not doing that. on a call with reporters this morning, they said they've already won.

>> we're winning the election, we've won the election. and we're going to defend that election. so we don't have to do anything but protect the rights of voters and to stand up for the democratic process. >> reporter: the campaign is laying out their predictions for their path to 270 today. they already think they've won wisconsin even though fox news' decision desk has not made the final call there yet. they also think michigan could be called for them midday. in pennsylvania they expect their win to be delayed by a few days, but they say they're not worried i by what they see so far in georgia. they're saying it's a toss-up right now to them, and north carolina they think could actually go to trump from what they're seeing. but even though the biden campaign claims biden will get more votes than any presidential candidate in history and they've done everything but declare victory, the campaign says they have not been in contact with anyone from the trump campaign yet. but we are going to hear from biden at some point today.

the press pool has been called to gather. they're waiting nearby biden's house in wilmington, waiting to link up with his motorcade. but those states that they're really confident in, neil, still have not been finally called. so we'll wait to see if biden waits for those final calls to be made before he takes the stage today. we'll wait and find that the out. but as you can see behind me, the stage is still set up from what it was last night. neil? neil: all right. thank you very much for that update, hillary vaughn. i want to go to the man of the hour right now. more people are scrutinizing any word that he comes up with, the guy who runs our fox news decision desk, guy's a genius. [laughter] i want to get behind how you do it and what makes you make a call on a state sometimes when we don't have nearly all the votes counted, in some cases a little more than half you can make your call.

other states that are 90, 95%, you can't. of these states, wisconsin and michigan, certainly in wisconsin where the white house is saying we want a recount, they might request the same out of michigan. is that warranted, will that, will that make a big difference from the numbers you see? you have not called either of these states for anyone, but they are close. >> that's correct. both, both wisconsin and michigan are close. in the case of wisconsin, the secretary of state's office has announced that, basically, they've essentially finished the count and biden is ahead by 20,000 votes. the trump campaign is asking for a recount. clearly, 20,000 votes is within the legal, within 1%. and that is a sufficient margin, sufficiently small margin that the losing candidate can demand a recount so long as the losing candidate pays for that recount. so the trump campaign is entirely are within its rights

to demand this recount. discussing how we're going to handle it in terms of reporting out that fact. we understand from our friends at the ap that there have been roughly 30 recounts over the past few decades, and in none of those has the margin changed by more than .1%. so, and in two of those recounts, by the way, were wisconsin. so the trump campaign is entirely within their rights to demand a recount, but we're not certain that it will affect the outcome in this case. but, you know, that's for the state to certify, and we're talking hour decision desk -- with our decision desk to figure out how we're going to handle it and reporting it and whether or not we want to call it in some way -- neil: you guys argue, you're the big cheese on that desk -- >> i am, yes, i am the -- neil: so you can overrule the other guys and gals and just

saw, no, no, no -- >> no. neil: you don't? it's a majority vote. >> it is not a majority vote. we all have to be unanimous in our, in our confidence in the call, and last night there were a few times when one or two people were dissented from -- neil: was arizona one of those? >> no, arizona -- neil: everyone else is saying even now we think they made a bad call. we see ourselves winning. scott walker's going to be on the show a little bit lauter saying he still thinks arizona's in the president's column. you obviously decided otherwise, right? >> arizona was a state we thought very clearly from quite early on was clearly going into biden's column. we held off for a while until we finally called it. you know, arizona is a different behaving state this year from the others because in arizona it's almost all mail votes. in most states it's sort of a large are chunk of mail votes and a lot of in-person election

day votes, and those election day votes differ dramatically from the mail-in votes this year. early votes were basically going by 25 points for biden. this is national numbers, and election day votes were going by 25 points for trump. you never see that sort of diversion. in the case of arizona, all mail-in votes were roughly similar. i've heard some commentary on the internet and others that say these were the late responding voters, but it's nowhere near going to be as dramatic as trump would need in order to overtake biden's current lead. so we're very confident in our call, and we remain confident, and we have not changed the call or -- but right now arizona is in biden's column. neil: all right. pennsylvania. i think 65, 70% of the vote's in, the president has a sizable lead there. is it your thinking that the votes still to come could throw

that into question and so many biden votes out there that even that 8-point gap now could be rei raced? >> yes -- erased? yes. it's enough to be uncertain about the, about how pennsylvania will go. as i said, what is remaining is the sort of, is a chunk, a large chunk of the early or mail-in votes in pennsylvania. and as i said, that early mail-in vote can differ by, you know, can be -- biden is likely to win that by 25 points where he sort of loses that by 25 points in the election day in-person vote. and so unlike most elections where if you see someone with 75% of the vote in and a lead of, say, 8 points, you realize there's no way the person can, the number two can catch. in this particular case, the remaining votes often have no comparison with what the existing votes are, and that's why this election becomes so uncertain. that's what's so different about this election.

neil: any states you think you'll be comfortable making a call in the next day? >> oh, i think that several -- i don't think pennsylvania's likely to be, to mature, if you will. i think north carolina could easily mature in the next day or so. north carolina is a state that clearly trump has a lead in and is, you know -- i'd rather be donald trump in north carolina than joe biden, for certain. georgia, or i don't know who i'd rather be. it's a race that gets very close. but it could also in the next 24, 48 hours get enough votes to mature. in michigan, michigan, nevada and wisconsin as well although wisconsin is a different animal, 20,000. but in michigan and nevada, i think that we could easily be in a position to make the call potentially in the next 24-48 hours. in michigan and nevada, i prefer to be joe biden.

in north carolina i'd prefer to be donald trump. but, you know, that doesn't necessarily mean -- i am not calling it, i'm merely saying that the team sort of the sense that that's the direction it's going in. neil: all right. well, if your team decides leaving north carolina out of it and if joe biden were declared the winner in michigan, nevada and wisconsin, he's there. he's at 270. >> that's correct. that is right. neil: so when you know a call that you're going to make would have that impact, you know very well to call all three states for joe biden, those three that i mentioned -- michigan with 16 electoral votes, wisconsin with 10 even with the recount going on, so you might be limited -- by the way, would you make a call even in the middle of a recount? >> i think that we need -- we have always said that this year we're going to err on the side of caution which we, frankly, always do and on the side of transparency. so to err on the side of caution

and transparency is to let people know this race is very close, there is a recount. the distance right now between the two candidates is 20,000 votes. the history suggests, you know, what the potential to change that is. and to sort of let people know what we know. i think that's our job as reporters, that's our job as -- neil: so you would make a call like that, you'd know -- >> you're trying to -- what i'm saying is the team is discussing it, but we're discussing, i mean, and it's -- the goal is transparency e and caution. we do not want to run ahead of the news, and at the same time we don't want to run ahead of of the -- neil: so you're kind of coming out there and saying you guys gather around the desk and decide pretty much, right? i'm just joking. >> i'm saying we're really trying to inform the -- neil: i understand. so, you know, back to my original point, and i'll let you go. i appreciate it. again, knowing full well that if you declare michigan, wisconsin and nevada for joe biden he, on

pauper, is the next -- paper, is the next president of the united states, does that give you any pause? you know the enormity of that decision. and a lot of these guys follow you for good reason. >> the team is very -- neil: do you feel that puts added pressure on you because you're not just bringing a candidate closer to 270, in that event he's at it. he's the next president. >> without question, you think about this. i mean, look, the goal of the decision in making any decisions is not to make wrong decisions. you know, it is not the sort of push the story faster than it goes, and it's absolutely. so in all cases, we are extreatmently cautious, and we need -- extremely cautious, and we need to be totally confident in making those calls and, obviously, when the stakes are as high as this is, there are. but remember, we're not the guys who make the president. the voters elected the president. the states cert few the votes, the -- certify the votes, the

states send the elector to vote for the electoral college, and our job is to report what we're seeing and observe that process and report on that process. neil: but you would hold back if you had any, new level of uncertainty, right? >> absolutely. neil: one thing going on in wisconsin, could happen in michigan. you've got to put blinders on, right? >> it's not blinders, we've -- we're asked to tell people what we think is going on and, where appropriate, to provide the right caveat. neil: are you going to make an announcement today the on any state? >> stay tuned to fox business and fox news. neil: well, you got the order right, so that's good -- [laughter] seriously, very good chatting with you. i'm just messing with you, fox news decision desk director. there is a science to this. these guys are geniuses or or you know? they're all gathered around a desk and trading algorithms. it's pretty intense stuff. pretty intense guy joining me

right now, bill mcgurn, "wall street journal" editorial board, he's a very good writer, speech writer for president george w. bush. let me ask you about what you heard. even with recounts, certainly one that's going to soon be underway in wisconsin, potentially in michigan, he's well aware of it. he puts it into the sort of mix, but until -- a decision would come whether to call a state or not regardless. that being the case, at least being what they are in those states, and he calls all three, michigan, wisconsin, nevada for joe biden, it's game over, right? >> yeah, if he's right. look, i'm not a pollster, i don't know the numbers in these states, in these particular counties, what the situation is. i mean, to me, the greater concern i have is that it is, it strikes me as almost inevitable that this is going to go to the supreme court, and the supreme court may have to even handle

several states, issues in several states. of it's going to make 2000 look like child's play. for people of either side, this should be a very bad thing. because it only further 'em bitters whomp ends up losing dub whomp ends up losing, right? the more variables you have, the more days you change, the more inevitable people i think, oh, had an election, and it was robbed from me. i haven't seen any evidence that it was robbed for none yet, but i think we're just in for a very bitter time the longer this drags on. neil: you know, bill, you know this whole system better than i do, but i almost get the feeling the supreme court, they're all for it. if there's a way for it to be settled either with the count that comes in and someone can make a call or as they did 20 years ago in florida, leave it to courts in florida all the way up to the florida supreme court before they dillydally over to the u.s. supreme court, they

will, they will embrace that. so are you so sure that the supreme court would eventually take up an issue like this? if there's something nefarious going on where only one part of the state can gather the argument back and forth as was the case in florida 20 years ago, this is a very different beast, isn't it? >> yeah. it is very different. but i think the you're entirely right that the supreme court would rather stay away from this, especially john roberts. i don't think they want to touch it. however, i think they've almost made it inevitable. you know, they have two cases already where they've touched it in wisconsin and pennsylvania. neil: that's true. >> you know, ruling on the rules. and if you look at the pennsylvania case, what was interesting about that -- i'm not a lawyer, but my impression was that what the supreme court decided was not to grant a stay in pennsylvania preventing these rules imposed by a state court in pennsylvania from obtaining. but they didn't rule on the merits of it.

now, i think they should have ruled earlier. i mean, to me, if you look at the pennsylvania case, part of it was about the dates folks should come in. the constitution clearly gives the state legislatures the right to say, to set those dates, make those decisions, and it seems to me a pennsylvania court took that decision. if they had done it before, they would have preempted a lot of whatever challenges they're going to have. i think they might inevitably be back ruling on it, and it will be for higher stakes and so forth. so i would be willing to bet that they're not going to be able to avoid it. just because there's going to be a lot of litigation. neil: yeah, that's interesting. finally, what did you make of the criticism the president's gotten since taking this stance where, you know, even some republicans saying be careful, mr. president. christy is saying that all of these -- chris christie is saying all of these votes is have to be counting, now is not the time to make this argument. marco rubio pushing back on the president's declaration of victory, the results of the presidential race, he said, will

be known after every legally-cast vote has been counted. so if the president starts losing the support of members in his own party, then what? >> right. well, look, i think the president -- [laughter] has a history of sometimes saying unfortunate things or expressing a legitimate point in an unfortunate way. i think he has a he skate mate concern -- he legitimate concern. when he talked about votes, i think what he meant -- it seems to me clear -- we shouldn't be counting votes cast after the election. that's where he worries. he could have said it better, but i think there are legitimate concerns. i look past the rhetoric to see the concerns. i'm not sure he's right about it, but i think it's a legitimate concern. we saw, was it michigan where, you know, two different screen shots showed all of a sudden like 140,000 -- neil: yes, you're right. >> -- ballots appeared all for joe biden? now, you know, often times

there's a perfectly innocent exe la nation for that, but i'd like to hear it, and i'd like people to ask the questions. neil: a valid point. >> i think, you know, the conversation you and i are having, i think this is the problem, again, the more we don't learn of the results on election night, the more people become polarized. and maybe falsely. maybe falsely. maybe they're not right. neil: all right. >> and that is not good for our country whether you're democrat or republican. neil: all right. we'll see what happens. bill mcgurn of "the wall street journal," thank you very much, my friend. you know, there are other states at play here. jackie deangelis is back with us, she has not slept -- [laughter] so this is going to be funny, just her finding the screen and getting to the stage. the pressure's really on right now because she's had zero sleep, so this should be interesting. >> reporter: thank you. you set a good example, neil. i'm going to

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neil: look at the nasdaq, it's just bn sprinting away. lauren simonetti, d.r. barton, the money map, chief technical strategist. d.r., what particularly is happening with technology

because amazon, apple, stocks that got beaten down last week, they're leading the parade. what's happening there? >> yeah. i think this is a full result of what you've been covering so gloriously, neil. i've got to give you a little shout-out. i was with you until the wee hours of the morning, to see you doing so well is a credit, sir -- neil: by the way, you are so coming back every single day, so keep going. [laughter] and, lauren, do take notes on this. but go ahead. [laughter] >> yeah. the blue wave not making the senate a part of that big move that looks like for all intents and purposes the red team's going to keep the senate. i believe what that does is take away a lot of the headwinds of antitrust against these big techs. it will still go forward, but i think some of the are going to be removed, and i think that's going to be a more modest effort than it would have been, and

that's the one big thing i think that's really given the mega techs a lot of support. neil: you know, this split government thing always works for markets, by and large. that really kind of charged a lot of buyers even when they didn't know the outcome of the presidential race. lauren, what do you think of that? >> gridlock is said to be good for the markets because there is a check on, you know, whoever is in the oval office, the opposite party it's a check on their powers. in this case, if you have joe biden, a democrat, in the oval office, then the senate being red, well, what really changes when you think about it? we're still dealing with the coronavirus. we'll get stimulus, although it will be smaller. tax laws not really changing, so taxes, the rates are going to stay relatively low. capital gains taxes not going up. so the picture, ultimately,

stays the same. and i think that's what the market is responding to today. but it begs the question, you have this awe amazing rally in equities, but can you continue to have stocks continue to go up like this when there's very few avenues for growth out there? and i think that's why the technology sector, particularly the nasdaq, is outperforming today and has been recently this year, certainly, is because investors are seeking growth. i don't know that we're going to get that when yields are down and when you have all of these uncertainties in the market. i think that's going to boil up as we look at how extended this process of figuring out who won the election is actually going to be. and if you're recounting wisconsin, guess what? you're looking at december before you get an answer there. neil: you know, it's a good point. d.r., we're just showing the yields on the 10-year note. that's the flight to quality in the middle of a stock-buying rampage here. that doesn't jibe are, but why is that happening? >> yeah. i think you're seeing some, some

discrepancies there because we've got a couple of things battling against each other. to lauren's point, is there a big economic driver to move the markets higher. well, not as big as what we're seeing the effects of today, but what we do have that will drive the markets higher is stimulus, stimulus and more stimulus. and i'm not talking about the bill that's coming up, i'm talking about the trillions of dollars that are already there with more to come. that money's going to find out where it is treated best. right now that's the stock market. so why also bonds. i i think there is still some uncertainty, some uncertain ity premium out there a little bit, neil, for exactly what you said. if we're having recounts, if this gets contentious, if, as bill mccurve talked -- mcgurn talked with you about, we're going to get multiple supreme court things happening, the market's not going the like that bogged down, not knowing

exactly what's going to happen. and i believe that's what's giving us this bifurcation you pointed out. neil: yeah, it's interesting. this is a way of hedging yourself, having it both ways. guys, thank you both very much. we told you about our guru here who was saying he sees no reason to change his call about arizona. that was causing quite the kerfuffle last night in our marathon coverage, whether that was too soon to call arizona for joe biden. scott walker still insists, the former governor of wu, that that was a mistake -- of wisconsin, that that was a mistake. that arizona will still end up going to donald trump. what does he see that our guys at the decision desk did not? after this. ♪ i searched and found sofi and applied for a personal loan. i paid off my credit cards and felt a weight come off my shoulders. thank you sofi for a great experience

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go digital. go grayscale. muck. neil: all right, so what is at play? who is at play, and of these

five or six states that everyone's paying attention to, which could tip the balance maybe sooner rather than later? jackie deangelis following all this at our one touch. no one tops her -- >> oh, you're too kind. i was wanting to look at wisconsin because i thought it was a place where we might have some information that could make a difference with respect to an actual result, and now we have some information that can make a difference. but it's about a potential recount. president trump saying that he wants to look at this state with its 10 electoral votes. so let's take a closer look at what exactly has happened here, because what we know from the wisconsin election committee is that almost all the votes have been counted here. we have it at 100%, but the commission said there's one tiny township with 300 people in it that hasn't been counted yet. what you're looking at here is a differential between to two candidates of .7%. biden is leading right now. i'll remind you that in 2016 when president trump won wisconsin, he won it by .7%.

hillary clinton did not choose to do a recount there. it is a difference of roughly 20,000 votes. so you can see that. what's interesting here is to look at some of the counties. we do see some more blue on this map than we saw last time. take a looked at this. when i switch to 2016, two counties here populated differently. they populated blue. one was south county, biden 50.2%, and one was dorr county, biden 50.1%. now, remember, 10 electoral votes in wisconsin with a potential recount here. if biden did win the state as you mentioned before and he gets nevada and for some reason he gets michigan as well, that will be his path to 270. but what's interesting here regarding the counties as well, i just want to show you down here by milwaukee, we had milwaukee turn blue, but the surrounding counties which were very strongly red, strong in father of president trump. -- favor of president trump.

so this was a very, very close race, almost as close as it was last time, and i think there's some irony there as we're going through the rest of these results, neil. neil: all right. that's wild, jackie. as jack key was speaking, we're talking about the united states senate on this idea that democrats can still take that from the republicans. that looks even less likely on word that democrat sarah gideons has conceded to maine republican incumbent susan collins. she was at one point the most vulnerable republican of them all. then there was joni ernst and she won last night. lind saw graham held out in -- lindsey graham held out in south carolina. those were three biggies. mitch mcconnell who was elected for a seventh consecutive senate term, so 0-4 on those biggies. we did see cory gardner, but then genre palins picked up the alabama senate seat from doug jones. net-net, republicans might end

up with a bigger chunk in the senate than they had going into all of this. a little too early to say that, but certainly the whole senate tipping democrats that does not look like it's going to happen. scott walker joins us right now you said former -- us now, former wisconsin governor. the president wants a recount in wisconsin, looks like he will get that. do you think he can still win wisconsin? >> i do. i think there's a lot of hurdles he has to go through. you just heard the talk about that, you're talking about 21,000 votes out of millions cast, so legally he's within the threshold of under 1% that the law requires. the difficulty there, of course, is four years ago when they had a recount, i think the president picked up about 137 votes. years before that back in 2011 in the midst of the protests in wisconsin and leading up to the recall against me, there was a state supreme court race which had a recount. that was a net difference of about 300 votes. so hundreds but not thousands

probably not likely. on the flip side though, that state supreme court race is a good example of this and that's the canvas. we don't talk a lot about this, but local officials in wisconsin are required to canvas, start that within a week of the election, they have to report it within 14 days, and then the state elections board does the statewide canvas and announces it on december 1st when they certify the results. why that all matters is if you're going to do a recount, a canvas could actually find out places where maybe reporting was inaccurate, and that's what happened in that state supreme court race. the challenger was up by over 200 votes on election night. the incumbent after the canvas actually won by over 7,000 votes. that could be the key to winning a recount in wisconsin. neil: meanwhile, you're not quite convinced even though we had our decision desk director here saying arizona went to joe biden and others have gone along saying arizona is for joe biden, you're not convinced. and you've you -- you disagree

strongly. of what do you see that our decision desk does not or has not? >> well, i talked to doug ducey, mid good friend the governor there, and it's always good to talk to a governor because he or she's on top of things. in doug's case, he pointed out that the a 550-600,000 ballots still remaining are election day ballots. early voting overwhelmingly has gone for joe biden, election day votes cast overwhelmingly go for donald trump. the two big issues are the economy and covid. you're worried about covid, you probably voted in advance. you're not so worried, you voted yesterday. if that holds true, biden's got just over about a 100,000-vote lead in the state right now, if there's 500-600,000 ballots, if they break 60/40 for trump or

better, that's more than enough to make up that margin. you win there, and then it goes back to -- i've said all along the i thought the most likely state to go for donald trump is pennsylvania, and i still think it's going to head in that direction. that's the path to 270 for donald trump. neil: some of your republican colleagues, chris christie, marco rubio among those criticizing the president for this tack that, you know, where he's challenging of this, maybe hinting of supreme court involvement in the voting matters. and i think of marco rubio saying the race will be known for every legally cast vote, and that has been counted. and that the president is sending a message that is not good. what do you think? >> well, we have a system that i think is quite effective here in the united states. it obviously varies by state. as i mentioned the process for

the canvassing and then the recount in wisconsin is different than what you're going to have in other states. in pennsylvania, for example, the state supreme court made a ruling as to how long absentee ballots could come in. the u.s. supreme court held that because it was a state law. in wisconsin's case a federal court threatened to change the law in wisconsin, and the u.s. supreme court said no. the state rules, the state laws have to go through here, and i think that's the case. we're going to go through this process. in wisconsin's case, we're going to see if the canvas shakes loose any votes that may have been not reporting, but i think in other states it's important to not wait for the projections but wait for every vote to be counted in arizona because i believe the president's going to win there, and i think it's likely -- at least he has the right path to win in the commonwealth of pennsylvania. and at that point he wants a legitimate victory if those states go the way we're predicting, and i think that's what we're going to get. neil: all right, we'll see what happens.

governor, thank you very, very much. while the governor says that's a good strategy for the president to employ, we're just hearing from joe biden right now quite the opposite, tweeting out to make sure that every vote is counted, we're setting up the largest election protection effort ever assembled because donald trump doesn't get to decide the outcome of the election, the american people do. so this isn't over by any means. ♪ ♪ ♪ ♪ ♪ ♪

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speak with a licensed humana sales agent. learn about humana plans that could give you more healthcare benefits; including coverage for prescription drugs, dental care, eye exams and glasses, hearing aids and more. a licensed humana sales agent will walk you through your options, answer any questions you have and, if you're eligible, help you enroll over the phone. call today and we'll also send this free guide. humana, a more human way to healthcare. neil: you know, they talk about all te recounts going on in wisconsin and potentially in michigan as well. you know we're around 22 million ballots that have yet to be counted. they were all sent in on time, they all did the necessary thing. wisconsin we're excited -- it is a reminder just how many participated, better than 160

million americans with a voter participation rate north of about 68%. that works out to be about the highest in a century. more after this. [ sigh ] not gonna happen.

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to mind. wisconsin, where the president is pushing it right now, the next one could be michigan, but the pennsylvania is always one of those amazing states because that one is not really close. but, again, you know, we had our fox news desk, decision desk director saying that even given that 8-point gap between the two candidates in favor of donald trump, there are enough potential biden votes yet to be counted that that could flip. i'm not sure that's the case here, but that one's hanging out there. pennsylvania and its 20 electoral votes are a tempting target. mcshane, you've -- connell mcshane has been there so long, he has a condo. but he loves the view, he's in harrisburg. [laughter] how are they digesting all of this there, connell, that this could go on a while? connell: well, state officials are saying you've got to be patient, we told you given the setup in pennsylvania this thing, this kind of thing might happen, and it is. as a matter of fact, the governor, democrat tom wolf here, in harrisburg earlier

today was really pushing back hard on the assertions president trump has been making that somehow officials are working to make votes disappear or find new votes. no disappealer, no finding according to governor wolf. what he says is happening in pennsylvania today is counting. >> awe assured your vote will be counted if it hasn't already been counted. your vote will make a difference in this election. this is the way we elect our officials, this is the way we hire the people who are public servants. it's a promise we give to all pennsylvanians, all americans that their vote counts. connell: let's go to some new video from northeast pennsylvania where president trump won last time, leading this time as well in the count. about 50 people or so in the room counting what at the time were more than 20,000 ballots outstanding. what we're really waiting for is some of the larger e democratic counties to come in in the mail-in county. they were saying over 900,000

mail-in votes had to be counted, and you start to do some of the math on that, and president trump had been trailing jo biden by almost 60 points -- joe biden by almost 60 points in the ones tabulated. that's why when they look at this, you've got to wait until those other mail-in ballots come in, especially with that kind of disparity. while we do wait, a couple of legal issues to update you on. number one, montgomery county outside of philly where a judge was asked to throw out some 1200 maul-in ballots -- mail-in ballots. the county's board of election said it helped out 93 people to fix mistakes on their ballot before they actually voted. one of the officials testified and said this was standard practice, we've cone this kind of -- we've done this kind of thing for years, so now there'll be a brief submitted in that case tomorrow morning. another group of republicans asking a judge to block the counting of provisional ballots in cases where voters it?ed

defective -- submitted defective mail-in ballots. so they're counting in philadelphia and all over the state today and, again, hundreds of thousands of mail-in ballots still to be counted, and joe biden has had a lead, a big one, in the mail-in voting even though president trump had a very, very good day here in person, neil. neil: thank you very much, my friend. connell and i kid each other, but awesome job all around the country, you were the point person for both the business effort and, certainly, the news channel. i'm sure you're very, very tired, but you're going to have to deal with it, so just say there, we're going to talk to you in about a month and let you back. [laughter] the best. connell mcshane. by the way, we're mentioning pennsylvania. the trump campaign is hosting a philadelphia presser today. it's going to be in about 90 minutes. don't know what that is about, but obviously they're not really keen on the idea that this is still being delayed, making the call one way or the other in pennsylvania. but that's coming up at 3:30 eastern time. we'll get more on that, we'll let you know.

right now the dow jones industrials up about 654 points. i don't know if they're getting ahead of themselves, but right now they're up and a lot. stay with us. ♪ ♪ . .

neil: all right, there are some states interesting a some anomalies in this, you don't get all a proportional congressional vote. three electoral votes in maine,

as we were reporting yesterday, there are four of them, went to joe biden. they were not sure how the forth would to. that one has gone to donald trump. he picks up an additional electoral vote bringing him to 214. joe biden at 23. drip by drip. now to charles payne. charles: neil, great to see you again. as the nation waits for the final tally for the presidential vote, the stock market is erupting over. there is a mad scramble to buy back stocks when there were whispers after blue wave. they include a plunge in buying yields and infrastructure stocks. i have a great slate of experts ready to help you including a warning from steve moore. this as we wait for some critical states to report their election results today. we'll have the very latest on