susan: he know. stuart: do that modern stuff. don't write us letters. markets are up big time. we lost a little of the rally in the dow but we're still up 500 points. what a week it has been. the election, the aftermath. a market rally. neil. it's yours. neil: stuart, thank you very, very much. you're quite right. i think big thing for the markets no matter what happens on the presidential election front, no matter how long that drags on, seems we'll have a republican senate that will be the stopgap if you are in the business and market world you're worried about anything that could disrupt that. might be a leap of faith here but the fact we're looking already at the fourth triple digit dow gain in a row. so we're all over that. we're also all over what is going to happen in the key states updating their results. griff jenkins with wilmington, delaware with how biden folks are responding to all of this. connell mcshane who i teased

will stick around pennsylvania for a while. he has a condo there. he is staying there. in harrisburg, pennsylvania on that. here is where we stand. get updates from the states. get better idea where they're coming from with the numbers getting closer and closer. we could get a final number on nevada. nevada is increasingly becoming important state with six electoral votes, if you buy the math where we are right now for joe biden that would do it for him. i say that would do it for him pending all the protests and legal challenges. let's go first i believe to griff jenkins, guys, first? griff at wilmington, delaware with how the former vice president is acting to all the fast moving developments. griff. reporter: good afternoon to you, former vice president biden standing by waiting as we are updated numbers out of the state of nevada as president trump's campaign takes the legal fight to the silver state.

just minutes ago ric grenell, the former director of national intelligence and long with nevada former attorney general adam laxalt. he made a big announcement about the lawsuit. watch. >> the fact we are filing this federal lawsuit to protect legal voters. it is unacceptable in this country to have illegal votes counted and that is what's happening in the state of nevada. reporter: how close is this, neil? go to the race board. the president trails biden by 76 had 7 votes, half a percentage point with 75% of the precincts reporting. this lawsuit seeks to count every legal vote as is campaign are alleging 10,000 people who voted in nevada neither residing there or are still alive. at the press conference, they have an elderly woman she was denied the right to vote. they want to make sure that every legal vote is counted out

there. now, it should be noted as well that former vice president biden is doing some sort of briefing today. we are told we're not sure. he may have some public comments possibly in nevada new numbers which will be out any minute, scheduled to be released at 12 noon eastern. whether or not he believes he is there. the pretty much the stage behind me, neil, is set up like election night in parking lot of the chase center. we expect if biden should reach the 270 magic number with nevada six electoral votes he could be enroute here to declare victory. neil? neil: that could be interesting. there were hints out of nevada they could make such an announcement by the end of the day. that could put legal pressure on trump folks continue to protest the count. we go them now, connell keystone mcshane in reference to now embarking in pennsylvania. his coverage has been remarkable

as has been everywhere. as you predicted, connell, this would become the epicenter. it is up close and personal as are the 20 electoral votes at stake. what can you tell us. reporter: told you to come with me, neil. we would have a good time. this is the place everybody is watching. it was a two-track story. going slow, stay on top of it. there are a lot of moving parts even over the last few minutes. the first track is the vote count itself. president has a lead. it has been shrinking every single time we check it. there are legal challenges to the count from the trump campaign came out earlier claimed a legal victory in the appellate court with regard to poll watchers. stuart varney, corey lewandoski on a few minutes ago. they were supposed to be allowed to go on and watch from a closer distance the counting in fill definitely. lewandoski said that was not being allowed just yet. the democrats are saying they are taking that to the state supreme court. looking over a brief come out of

the supreme court on that. it could end up being much ado about nothing. i will play real quick comments from pam bondi, former attorney general of florida. also part of the legal team on the trump side. explaining what they wanted to happen what they think happened at the appellate level. here he is from earlier today. >> the appellate cut court allowing immediate access for our team for the voting process. immediate access. our team of 15 people will be sent in right now -- [inaudible] illegal vote cast, it takes away from the -- pennsylvania. [inaudible] reporter: quite a scene in philadelphia right in the middle of the street the. hard to even see or hear what bondi was saying. originally the poll watchers were allowed in keeping them at a distance like the facility you're seeing now, 25 feet away. the ruling is supposed to go in

and stand six feet away, which would be the covid distance that people can get to each other again. there is some, it is not exactly clear what is going to happen with this. as of a few minutes ago they had not been allowed in. we're waiting on further court rulings there. i will say this, the lead for president trump is, has been shrinking and philadelphia again is the place to watch. they checked the lead well over half a million votes statewide was down to over 120,000 votes as they tabulate mail in votes. watch philadelphia county. watch allegheny county, pittsburgh. each had 18% of precincts outstanding that is a lot of votes. biden campaign has increasing confidence in the state of the pennsylvania as the count continues. there is a lot to get through a couple lawsuits. the trump team asked the supreme court, the united states supreme court intervene in a pending appeal. they're latching on to the case the supreme court has involving a three-day extension of the deadline for accepting ballots after election day here.

and then, a little while ago, trump officials held a conference call with the media we should expect even more legal action here in pennsylvania today. what they were referring to there is what they said are previous ballots that have already been counted. now, to be clear, we have no evidence of any kind of double counting anything like that presented to us, no kind of nefarious activity we know of. trump team said we might see legal action, might be a reference to provisional bat lots, people requested to vote by mail but ended up voting in person. confusing obviously. we'll see how it goes throughout the rest of the day. governor tom wolf was supposed to have a news conference in ten minutes. that has been postponed. wants every vote to be counted, wants to be fair. repeats that over and over. we'll tell you if we end up hearing from him on the news conference. neil: three-day extension i was never clear on that the lower courts upheld pennsylvania going

back to three days. dot ballots have to be postmarked election day or was voting after the fact? that is the core i think of some of the other trump lawsuits, beyond pennsylvania? reporter: yes. they did have to be postmarked by election day but there is one note we should make the way the law is written or rules are written in the state. either postmarked by november 3rd election day. could arrive by tomorrow, which is the 6th, or the postmark is not able to be read. so you know, you could be smudged or whatever the case may be. you can't figure out if it is november 3rd or 5th. if you can't read it, gets in time, they're supposed to count that as well. some of the lawyers have said that is something that could come up if this legal fight continues. so as of now, those, what they did they segregated those ballots, what they were supposed to do at the county level, if there is some sort of a court ruling on it they know which ballots they're talking about. they have them at the side. they can count them.

if a court rules, they could move forward on that ruling. neil: man, oh, man, that sounds like a hanging chad thing. have to go ballot by ballot. examine with magnifying glasses and the rest, what a mess. connell, thank you very, very much. connell mcshane in pennsylvania. not just pennsylvania but other states right now the legal back and forth. a judge in georgia we're just learning dismiss ad lawsuit by the state republican party and the trump campaign that it asked him to coastal county was following state laws on processing absentee ballots. chatham county superior court judge says james bass did not provide a explanation for his decision on thursday after close of roughly one hour hearing. the county includes heavily democratic city of savannah, georgia. they raised concern about 53 absentee ballots, you heard of them, poll observers were not part of a original batch of ballots. they materialized.

county officials testified all the ballots had in fact received on time. that would be a loss for the trump, i should say the trump campaign it is pushing as a judge dismissed that suit. meantime, here the legal back and forth has a lot of folks talking about bush-gore 2000. enter david boies a principal player in the gore camp saying with maria bartiromo this was not then. it is very, very different. take a look. >> went in court to accomplish anything in court you have got to have evidence and i'm not going to predict who is going to win the presidency until the votes are county. but what i will predict this election will be decided at the ballot box and not not courts. neil: of course he was very actively involved in the courts to determine what, ultimately determine the ballot box. having said that, where are we going here? tom dupree, former deputy assistant attorney general. tom, you always come at the time

we need you most. this is a legal mess. can we sort out where the president has the best chance of making his legal case? what do you think? >> well i think from the president's perspective his best legal arguments are going to be ones where he is challenging some sort of statewide or broad practice because if the president's campaign can identify a problem with single precinct or small little group of ballots that is not going to give him the ammunition he would need to change the outcome in a state. i think what the president's legal team needs to focus on if they are determined to bring this into the court is trying to find fraud, systemic problems with the count in a state. that is the sort of thing that they're going to need if they're going to be able to get enough votes, either excluded or included in the count to result in a different outcome. neil: on another legal issue which we're touching on, about voter intent, that sounds so similar to florida to me, tom,

to florida, what was going on 20 years ago, when a ballot presumably postmarked, postmarked on election day, no matter what day it comes in presumably by tomorrow, a okay go ahead count it. if you can't make it out, throw it out. that could be a like a florida chad deal. what do you see happening there? >> the issue about smudged postmarks brings all sorts of florida from back in 2000. you envision poll workers studying under magnifying glasses and envelope to see if they make out postmarked dates. i think the most cases they're not going to be confronted with that my sense is that this issue of smudged postmarks is affect ing -- ballots at most. from the trump campaign perspective is better argument, focusing on number of votes to do this, pull this thing off is focus on the pennsylvania supreme court's decision to extend the receipt deadline for these ballots.

casings of postmarks that were not smudged. neil: a bigger national legal question. let's say today nevada can make a call, experts, decision desk all these other decision desks, a lot of desks as you know can make a call on nevada six electoral votes, say you go to joe biden. i only say so in the latest count from the nevada secretary of state, the former vice president lead as little more than 12,000 votes. the previous total was a lead of 7600 votes. so he gets the nevada nod today. say hypothetically. he is at 270. is the next president? >> well he is definitely the stronger position for sure because he would declare victory. then the optics of this whole thing would shift. you have situation one candidate who declares victory reaching the 270 number. other candidate who exercised his legal right to challenge this in court.

the optics shift. it would make a much more difficult path for the president to do it. it doesn't foreclose from the president, it is uphill battle. the president is faced with a situation where he has to change voting out comes by one state or multiple states. that is hard road ahead. i don't want to rule it out. i have seen the president pull victory from the jaws of defeat before but make no mistake that this would be uphill battle. neil: tom due free, thank you for your legal advice. it is complicated. go to tom bevan, the count is going on. certainly in a number of states. if we take a look at arizona right now. all, most of news organizations, ap and our own have come to the conclusion after looking at the data that arizona went to joe biden. trump folks not happy about that, they don't think that is the case. even a couple news organization have not called arizona one way or the other. as the count goes on there, i

would be curious, tom, if it flips back to the president it is a different electoral game. the 264 electoral votes that joe biden has now, suddenly at 253. and we find the president at 225. it doesn't mean he has to run the table, but he has to run most of the table. play this out for me, what are the scenarios that you see happening here? >> i mean, look, so if the president is able to reclaim arizona by moving ahead in the count there and having being declared the winner, if he is able to hold on in georgia where his lead now is down to less than 15,000 votes as they're counting final votes in that state, if he is able to hold on to north carolina where they're still, you know, not calling that state, not doing any counting right now. they're waiting for final ballots i guess to come in. he is ahead in the state by 1.4 percentage points. if he is able to hang on in

pennsylvania, somehow and be declared the winner in that state he would win re-election. now that is what the trump campaign is arguing is going to happen. you know is down to his last couple of cards here to play. it would be at this point he would need sort of a straight flush to make this map map, if nevada makes a call suddenly for joe biden, at least we're all at the table now arguing over what is going on but if joe biden gets 270 based on nevada call, he declares victory, half the country moves in a different direction. biden will start in the media an his allies will start talking about transition all these things and say look, this is done. we're past this enough. and trump campaign is going sitting there, arguing hold on a second, conservative media, all

trump support is they will argue this is not over. we've got to wait to see how this plays out in arizona, pennsylvania, these other states that would be a really, that would be real split where the country would move in different directions. right now it is a jumbled mess. hopefully we get clarity in some places like for example, georgia, in the next few hours. neil: what is interesting about that. memory serves me right. fuzzy when you get to be my age, tom, george bush had the lead in florida throughout the whole legal back and forth. and i, not only was he acting like a president-elect even without formerly becoming president-elect it added that he had the lead, it certain live wasn't much t was often considered in doubt but it gave him sort of a little bit more gravitas in this argument. the fact that this president is not in the same position and

trails nationally in the overall electoral vote, would have to get mostly a run of the table of these remaining states, does that change things? what do you think? >> sure. i mean, look, part of this is a pr game and an optics game. again if trump is declared the winner in georgia, regardless what happens to georgia. take that as example. in recount territory, it will be a recount, vastly different scenario if trump is certified the winner by the georgia secretary of state. then they engage in the recount as opposed to joe biden being declared the winner there. trump is fighting to get that, you know that overturned. this is why the trump campaign was so livid with fox and ap for calling arizona early. they, the call might end up being right in the end but that doesn't mean it was right to call it that early when there was still 72,000, or 72% of the vote was in and we knew from previous, the way the night was going that election day voting

was trending heavily towards trump. those numbers would get better over time. because part of this is very much a public relations game until the final votes get cast and certified. again, depending if there are recounts, legal battles, certainly right now president trump is fighting sort of from below. doesn't have the upper hand t could get worse if nevada, you know, if they make the call in nevada. if he doesn't come out on top in georgia. neil: you talk about something that goes on and on. it has so many different implications. tom bevan, thank you very, very much,fy friend. notice at corner of wall and broad, confusion talk about the confusionnal crisis, why are we up again? why is the dow up again. why are technology stocks continue on a tear? why are we up looking at strongest week in the markets since april? why oh why are markets brushing past confusion over who will be

the next president of the united states. i will give you a hint. they are looking at the senate. i just told you. more after this. ♪ before money, people traded goods. tools, cattle, grain, even shells represented value. then currency came along. they made it out of copper, gold, silver, wampum.

soon people decided to put all that value into a piece of paper, then proceeded to wave goodbye to value, printing unlimited amounts of money as they passed the buck to the future. that's why it's time for digital currency and your investment in the grayscale funds. go digital. go grayscale. my husband would have been on the sidelines. but not anymore! an alternative to pills voltaren is the first full prescription strength non-steroidal anti-inflammatory gel to target pain directly at the source for powerful arthritis pain relief. voltaren. the joy of movement.

i had saved up some money and found the home of my dreams but the home of my dreams needed some work. sofi was the first lender that even offered a personal loan. and i didn't even know that was an option. the personal loan let us renovate our single family house into a multi-unit home. and i get to live in this beautiful house with this beautiful kitchen and it's all thanks to sofi. ♪ you can go your own way with this beautiful kitchen ♪ go your own way your wireless. your rules.

only xfinity mobile lets you choose shared data, unlimited or a mix of each. and switch anytime so you only pay for the data you need. switch and save hundreds on your wireless bill. plus, get $300 off when you buy the samsung galaxy note20 ultra 5g. learn more at your local xfinity store today. and if we win, we get to tell you and doug. how liberty mutual customizes car insurance so you only pay for what you need. isn't that what you just did? service! ♪ stand back, i'm gonna show ya ♪ ♪ how doug and limu roll, ya ♪ ♪ you know you got to live it ♪ ♪ if you wanna wi... [ music stops ] time out! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ neil: all right. i want to share two weird things about the market day.

markets are soaring but bonds are soaring too. dow up close to 400 points. the nasdaq, i don't know what is going on there. it is a tech torrid run. look at 10-year note. are the equity guys talking to the treasury guys, fixed income guys? right now that is in and out of the high 7s. remember we got up to .95? things look good for bonds, tiniest of backups here. if you're looking for a flight to quality, when stocks are running rampant. doesn't seem to jive to me. gary kaltbaum might know. dani hughes might know. dani, the whole market anomaly with the market tear, someone has to be wrong here. what is going on? >> it's a really interesting market, neil and i'm not as old as you are -- neil: hey, careful, young lady. >> i have been following the markets, especially election markets for a very long time and

i have never seen a market respond like this to this kind of uncertainty. let's break down what the market madness is actually telling us. even when we were listening to the pollsters talking about a blue wave, the market responded postively. while we have yet to determine a clear winner for the presidency, what we're seeing is that the senate is still keeping control because of a number about key wins for the republicans. so what that means for wall street is that is get nothing done equation. so that is positive for stocks. it is positive for any kind of legislation that the democrats try to put through on taxes or regulation for health care. so all of those markets are responding postively. at the same time, we're seeing that we're going to have really, really low rates for a long time. the promise of a accommodative monetary policy is driving people away from bonds and putting them into treasurys, putting them into yields. so they're chasing returns. they're chasing growth and

they're chasing yield. what that means is, markets are on fire. neil: you know technology stocks are particularly on fire. i can see an old group leader coming back after getting pounded, certainly most of last week, gary. there has to be something going on here. even in the case of amazon. when we get news that jeff bezos sold three billion bucks much chairs, coins between couch cushions to him, you would normally, that gives investors a little bit of pause. not today. what is going on? >> i think, neil, coming into this week the market expected a major balance of power change and it was turned upside-down. you have to remember we were expecting, wall street was expecting corporate tax rates to go from 21 to 28% during the pandemic. 12.4% social security tax that doesn't go towards

social security amongst a bunch of other things. what ended up happening, the market had to change, the wall street had to start buying in again. they recognize that all this money is not going to flow out of the economy. it will stay in the economy. it is by no accident that the two of the biggest targets of the left, technology and health care, are the strongest stocks this week. that is all that is going on here. it's a breath of fresh air. what i love the most, we're in a seasonally strong period right now into the end of the year. i think the.ly thing that can change the upside now would be if the senate goes the other way because of georgia or, we end up in lockdown mode because the virus really gets in bad shape. i'm happy to see we're keeping fingers crossed it continues. neil: dani, you mentioned my age before. i'm glad you did, i still love you, you're great but i do remember that period, almost a month, between the election and the final results, the market churned down on the uncertainty

not knowing which way this will go. if we had something similar, something go weeks. i have no idea if it will, hypothetically, how do you think the market deals through this? >> i think one thing never off the table is volatility. one thing you were talking about earlier in the program was the 2000s elections when we were uncertain for a period from like november 7th to december 15th of 2000 and the s&p was down 8.7 percent during that period because of the hanging chad episode. i think that we may not see that kind of thing. we are seeing a whole lot of litigation. we're seeing a lot of lawsuits. the big winner here is of course the lawyers and the media because we can't get enough of watching what is going on but i think that we will have volatility. it is definitely true but, the fact that the fed is going to continue to keep rates low, that a vaccine is on the horizon, that you know, even if we have

some rise in covid cases i think there is hope that is, that will not go on for forever. neil: dani, thank you very much. gary, i want to thank you. i want to relay this sort of bulletin here kind of indicates it is deja vu all over again as yogi berra would rule, you remember the commonwealth ruling in pennsylvania agreed with the trump campaign the whole issue of ballot counting can proceed. the pennsylvania supreme court overruled that court, saying the trump campaign allowing closer scrutiny ballot process not a good idea. the decision was correct that the commonwealth erred. that the board abused authority or canvasing facility violated the election code. they are the board respectfully the court defer to the trial

courts factual findings and to the board's decision making and affirm. bottom line whatever advance the trump campaign got from the initial court ruling the pennsylvania supreme court said done. they went too far. you have no case. now, when i mentioned florida 20 years ago, the next step for the gore folks was to go to a federal court. ultimately stopping in something called the u.s. supreme court. that was then. what the heck is going to happen now? ♪

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. during the course of their disease around 50% of people with parkinson's may experience hallucinations or delusions. but now, doctors are prescribing nuplazid. the only fda approved medicine... proven to significantly reduce hallucinations and delusions related to parkinson's. don't take nuplazid if you are allergic to its ingredients. nuplazid can increase the risk of death in elderly people with dementia-related psychosis and is not for treating symptoms unrelated to parkinson's disease.

nuplazid can cause changes in heart rhythm and should not be taken if you have certain abnormal heart rhythms or take other drugs that are known to cause changes in heart rhythm. tell your doctor about any changes in medicines you're taking. the most common side effects are swelling of the arms and legs and confusion. we spoke up and it made all the difference. ask your parkinson's specialist about nuplazid. at aetna, we find that inspiring. ask your parkinson's specialist you've still got game. but to stay on top of your game takes a plan. that's why at aetna, we take a total, connected approach to your health and wellness. our medicare advantage plans are designed to surround you with the care you need every day to give you the confidence to age actively. we offer hospital, medical and prescription drug coverage in one simple plan. with monthly plan premiums starting at $0. wide provider networks, including doctors and hospitals you know and trust. plus dental, vision and hearing. and telehealth - so you can see a primary care doctor remotely, from the comfort and safety of home.

because while your reverse dunk days may be behind you, your coaching days are just beginning. aetna medicare advantage plans. medicare annual enrollment ends december 7th. call today to learn more and we'll send you a $10 visa reward card with no obligation to enroll. and remember the moment that things, for one strange time in our lives, got very quiet. we worried over loved ones,

over money, over our planet, and over takeout. let's remember this time when so many struggled to feel secure, and build a future where everyone can. because when the world seems like it's standing still... that's the perfect time for us to change it. ♪. neil: we are waiting to hear from the trump campaign, this latest smackdown on the part of the pennsylvania supreme court, essentially knocking down a lower court ruling that it said it was perfectly fine for the administration or the campaign i should say to look at this recounting going on where things

are going on, timing of looking at ballots that might come in after election day. they were not postmarked then. properly on election day. a bit of a mess here. they will take their position because that was a big defeat for them. now they have to see where they go. often times what they do, they go to higher court, often times that higher court is the u.s. supreme court. the florida, former florida attorney general pam bondi, looks like she is with cory lewandoski, no doubt responding to the latest development. where this all stands now. keep in mind the backdrop for all of this is the pennsylvania results they're still counting, should have by tomorrow. it's a 20 electoral votes might be decided by then. i wouldn't count on that. here is pam bondi. [inaudible]. [inaudible conversations] >> hey, everyone, we wanted to give you an update. they are still not in

compliance. our votes are being suppressed. we condition not count the votes properly. what happened they have moved barrier up to six feet but, they took away the ballot machines that were in the front row and moved them to the back of the building. it is unbelievable what they're trying to do to our votes that have been legally cast, whether you're a democrat or a republican your legal cast must be tabulated and they're not doing that. they will not let us see anything. they're trying to drown us out now where we can't be heard. we're not going away. we'll take further remedy to fix this. there was a woman who is in there corey will talk about who represented the city with your tax dollars. he will tell you what she is doing. but we are not going to stand for this. we're not going anywhere. they are defying a court order by a judge. this is not the last of this.

>> listen, guys, your taxpayer money here in the city of philadelphia is going to a private attorney by the name of michelle hanley. what she said was, she would determine if the court order was valid or not. i will be happy to release the video of her. they have eight attorneys fighting us to see these ballots inside the court order is in effect. they will not give us access. the sheriff decided not to come down here to enforce the court order. the sheriff of your county will not come down to enforce a court order. what is going on in this city? what are you hiding? open up the doors, let us in, let us six feet away so we can have a free and fair election. whether you voted for donald trump or you voted for joe biden everybody has a right to witness what is transpiring here. this makes it look like a kangaroo court. we deserve better. we're not leaving until we witness every single vote that transpires in here.

[cheering] neil: all right. the trump campaign saying they're not playing fair in philadelphia where they are counting ballots right now. they wanted to see that ballot count going on. they couldn't make out what is going on because they're at significant distance. all of this at the same time, you know, pennsylvania supreme court is effectively ruled this process of checking ballots, overseeing what is going on, making sure they're postmarked, you know, double-checked that as of election day so they continue counting them was a moot point. it needn't be done according to supreme court. everything being done is being done albeit slowly. the gist i take from it all of that. get the read from a republican strategist. we got ethan berman strategist back, liberal radio show host. thank you, guys, thanks for coming. amanda, the notion that the trump campaign is getting screwed here, pardon my french,

do you get that view? are they being fairly treated? i mean it was well-telegraphed this process in pennsylvania, however laborious it might seem before election day that this would be going on and that the count could take some time. so your thoughts? >> no. i think that you know, it is not just pennsylvania but across the country in those battleground states we're seeing that happen. people are posting you know that their ballots were not properly counted the supervisor of elections. and so i think that you know, allowing for transparency in the process it is important but it is also important to be able to have the election tally based on the votes that come in on election day. i think that is a very important and fundamental thing according to federal law. so i think it is an unfair shake would say for the trump campaign but i know they will continue to you know, fight these, you know, in these battleground states to

insure every vote is counted and integrity of each vote is counted. neil: ethan, what is wrong with that? because i was covering the al gore, bush situation back 20 years ago. that was the same argument that the gore folks have. we want to make sure every ballot that was then being counted was counted? so let the process continue? >> yeah, of course we want every vote to be counted accurately. the pennsylvania supreme court has been very clear on this. the secretary of state in pennsylvania has been very clear on how they insure that to happen. by the way the trump campaign has known this process for weeks. this is not new. so when partisan hackery comes out to try to undermine the counting of the vote, i hold no value in what they're saying because we know that every vote is being counted. we know that things are being double-checked and that independent observers are participating and even more importantly, different groups of

people double-check these counts. so, you know, just ginning up -- neil: ethan, what they're saying that different groups people aren't doing that i don't know who is right. there is really no adequate polices of this. now i do remember distinctly in palm beach county 20 years ago, that is big issue. who is overseeing this? who is standing in the room? it got to be its own legal challenge but are you concerned or at all in doubt, especially as this race tightens up, if it is close enough there could be a recount anyway? >> i think anytime less than 1% difference in the two candidates you know, almost every state has that law on the books. that is eligible for a recount. look, i want there to be an accurate count. i want every vote counted. i want every vote counted accurately. if that requires a recount, less than 1%, absolutely. when margins are in hundreds of thousands of votes, recounts don't change that outcome absent any overt evidence suggesting

otherwise. but yeah, it is definitely possible if there is less than 1% spread we could see recount that will happen in nevada, possibly georgia now. neil: amanda, real quickly, possible today nevada could call be called at least by our experts and everything else, that six electoral votes would technically then put joe biden at 270 electoral votes. it would be the president-elect. it is a hard legal fight to have when the other guy looks like he has already become the president-elect? what do you do? >> i just don't think that the is case. until there is, trump is showing a lead in nevada based on the outstanding votes, as of an hour ago. there were 200,000 ballots left to count in state of nevada. trump was leading there. counting those ballots is really important. so, chips will fall where they will. i don't any anyone making the outcome different than what it is. certainly the united states of

america. we should be able to have free and fair elections with as much transparency that is needed. when there are still that many outstanding ballots i don't think anyone should declare themselves the winner. should wait to see where the ballots are counted, where they come in from. neil: we'll watch closely. i wish we had more time. i apologize, ethan. we're watching this closely. also watching the corner of wall and broad. if there are any worries this is turning into burke-gore, so far no way. nasdaq raising along. one of the best weeks we've seen for the markets. still another day to go. one of the best weeks we've seen for the markets since last spring. coming not more than a couple weeks for the worst markets we've ever seen going pack to march. great times. derriere discomfort.

we try to soothe it with this. cool it with this. and relieve it with this. but new preparation h soothing relief is the 21st century way to do all three. everyday. preparation h. get comfortable with it. nellie young lost her devoted husband. without him, things were tough. her last option was to sell her home, but... her home meant everything to her. her husband had been a high school football coach and it turned out, one of his former players came up with an answer.

a loan, created just for older homeowners. and pretty soon, nellie young had one of the first reverse mortgages. discover if a reverse mortgage loan is right for you. use it to eliminate monthly mortgage payments and increase cashflow, create an emergency fund, preserve retirement savings and more. call now for your free information kit. that first reverse mortgage loan meant nellie could stay in the home she loved so much, with memories that meant even more. a reverse mortgage loan isn't some kind of trick to take your home. it's a loan... and it's tax-free cash just when you need it. it's about making your retirement better. call today and find out more in aag's free, no-obligation reverse mortgage loan guide. access tax-free cash and stay in the home you love. of course, you can use it to pay some bills, cover medical costs,

update or repair your home. but best of all, it eliminates those monthly mortgage payments so you get more cash in your pocket, every month. learn how you can use a reverse mortgage loan to cover your expenses, pay for healthcare, preserve retirement savings, and so much more. a lots changed since 1961... since then over a million older americans have used a reverse mortgage loan to finance their retirements. it meant so much to nellie, maybe it could mean as much to you... call now and get your free infokit

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

♪. neil: all right. you might be wondering why the heck are stocks advancing with all of this confusion about who will be in the white house? they seemed to have settled any confusion what might have been over the united states senate and mouse and senate. the house remains democrat and senate stays republican. that is something a lot of people didn't see happening in a potential blue wave which never materialized. chad pergram on that. where we stand right now? reporter: it looks like a republican senate here but there will be run offs in georgia, that could make the senate 50-50, that maybe the senate determined in january if it is 50-50. meantime in the house of representatives as you say. it will be a democratic house. democrats will have a narrow majority. one of reasons because the trump effect. president trump being on the ballot actually helped republicans down the ticket. he was not on the ballot in 2018 and the house flipped to

democratic control. this really seemed to resonate in miami-dade county in southern florida. the president campaigned about socialism, what he described as socialism and extreme ideas coming out of the house of representatives. that seemed to buoy at least two republican candidates in southern florida. they flipped two seats there to the republican side of the ledger. carlos jimenez will be a republican. >> that district is not that. that district is more center, center-right. i'm a center, center-right candidate. i am more reflective of the values of congressional district 26 than my opponent was. gym. democrats lost races partly because they were forced to defend close to 30 seats which president trump won in 2016. and if anything, having the president on the ballot helped those republicans this year compared to 2018.

now that is not what republicans expected. many republicans believed mr. trump would be a drag on the ticket. the house minority leader kevin mccarthy, more republicans will testimony per what the democrats can pass. >> will continue to grow. the no matter where we will end up, we'll have a very big say or even run the floor, when it comes to policy. reporter: with that smaller majority it will be hard for liberal democrats to advance their cause in the house. neil? neil: thank you very much, chad pergram on all of that. meantime looking at north carolina, looking at counts in other states not getting as much attention, yes, counting goes on in michigan where the trump administration is calling that one. don't even try. after this. before nexium 24hr,

anna could only imagine a comfortable night's sleep without frequent heartburn waking her up. now, that dream... . ...is her reality. nexium 24hr stops acid before it starts, for all-day, all-night protection. can you imagine 24 hours without heartburn?

that's it. i'm calling kohler about their walk-in bath. [ sigh ] not gonna happen. my name is ken. how may i help you? hi, i'm calling about kohler's walk-in bath. excellent! happy to help. huh? hold one moment please... [ finger snaps ] hmm. the kohler walk-in-bath features an extra-wide opening and a low step-in at three inches, which is 25 to 60% lower than some leading competitors. the bath fills and drains quickly, while the heated seat soothes your back, neck and shoulders. kohler is an expert in bathing, so you can count on a deep soaking experience. are you seeing this? the kohler walk-in-bath comes with fully adjustable hydrotherapy jets and our exclusive bubblemassage. everything is installed in as little as a day by a kohler-certified installer. and it's made by kohler- america's leading plumbing brand. we need this bath. yes. yes you do. a kohler walk-in-bath provides independence with peace of mind.

♪. neil: we're getting an update now on the georgia count that is going on, particularly in fulton county. fulton is the greater atlanta metropolitan area as well. let's go to see a sense where things stand.

>> by tomorrow if we receive any military overseas ballots we'll do that we also have approximately 1200 cured ballots that were signature mismatches we went through the extra research. we went to the original voter registration application. so those qualified. and we will be doing those this afternoon. and then, that will conclude all of the absent tee process for us. once all that goes over to the english street warehouse. i talked to everyone about the vote review panel. the vote review panel, once the scans go through, they look at voter intent on any ballots flagged, determine how the voter wanted to vote. fulton county republican party, fulton county democrat party appoint members to the vote review panels. i would like to echo chairman pitts thanks to the atlanta

hawks for everything they have done for us. we, started working with them in june after the, after the june primary. and we've been, we've been working with them ever since. we had a fantastic early voting this time. we voted more than 315,000 early voters and the hawks were a big portion of that. it was, they never had any, any lines here. it was, they could process so many voters. so, i just, i would just want to thank mr. kunan. the owner of the hawks who were a joy to work with. i also need to thank my staff because they have worked tirelessly since the end of, probably i guess it was, well, before march, before that eation wanceleceleceg ea vg. lolotde he h b hee bee thr throu

lo we'vwe'vad8 28ididnfectinfon hisr. weost aososr o o our ourffff the sthe sthg. d, we w had, had, justad yeday.erlsbody elsesesitive haso tsor cllengellenge r. thi year.ear. eebleble to t comomhroughgh this nthisr elr ecelel evenn with twihothse 25 25 covid iec in wouseou ionwadad a goooo solidid ele ecn day daand,and, so, i i canan taa questions. or do you want to say anything, dave? no. okay. reporter: how many votes still need to be posted on the website? >> so we have posted, i believe it was 138,000, i think 646. that is the number in my head. that you go to our website. you can see if that is the accurate number. those

those have been through ballot add jude case. adjudication. there will probably be another 1200 added to that for the vote review panel this afternoon. >> that's about 17,000 more votes -- >> yes. that's accurate. >> i just want to clarify, the votes that are -- [inaudible] those are all -- [inaudible] military -- >> well, there are overseas military in that count, yes. but we have up until tomorrow at 5 p.m. to receive overseas and military ballots. >> how many overseas ballots -- [inaudible] >> well, we don't know what we're going to receive -- >> how many have you received now? >> when we receive them, they just, they get put in with all the other ballots. we don't keep a separate track of them. >> when is the deadline -- [inaudible] for military? >> that's at 5 p.m. tomorrow. close of business.

>> [inaudible] okay. thank you, everyone. >> thank you. >> thank you. neil: all right. might not have been riveting, but it does give us a little bit of an update about the counting going on in fulton county, of course, includes the atlanta greater metropolitan area. i believe kent county, northeast of atlanta, it continues as well here. these are the two, obviously, more populace counties. melinda, if we can pop this up again, both candidates are now below the 50% mark in georgia, and there is a stipulation in the peach state that if no federal candidate receives 50% plus one vote on the election, the top two vote-getters advance to a runoff on january 5th. 2021.

that's a big deal here, and that's where we sit right now. because if this gets to be within, you know, half of a percentage point as well, there could be a recount. but if neither candidate gets to 50% plus one, there's a whole new election. because other parties are always included on the ballot, they are in most states, but the runoff rules in georgia are a little bit more extreme than they are elsewhere. if neither gets to that point, you know, there's going to be a whole new election. that should be interesting. let's get to the latest on another battleground state from whom we've not heard yet or gotten an exact count from yet, and that is north carolina. 15 electoral votes at stake there. mark meredith has more on how things are looking. mark. >> reporter: neil, good afternoon to you. north carolina remains too early to call because there are simply so many absentee ballots out there. the state saw a record demand for ab absentee ballots because

of the pandemic. we saw millions take advantage of the early vote anything this state, offered up for more than two weeks, also the chance to vote in person. but one of the big questions is going to be about these absentee ballots. the latest that we've seen out of north carolina, 116,000 outstanding ballots out there. that number does not account for people who got an absentee ballot but also voted in person. we're still waiting to find out what the number's going to be closer til next week. the state reports the breakdown by party, and this is what's fascinating. with 43,000 democratic ballots still out there, 26,000 republican ballots still out there, and look at that, even more, 46,000 third-party ballots still out there for absentee. again, these are ballots that were sent out, not guaranteed they were going to be turned back in. so so it's possible these numbers won't change that much, but these are the ballots they're still waiting for in north carolina, not taking any chances. we're still watching the senate race here in this state.

republican incumbent thom tillis claimed victory himself tuesday night without any concession from the democratic candidate, cal cunningham. cunningham is still in this race and waiting for the ballots to be counted, but right now it's simply a stay tuned kind of moment. neil: thank you very much for that. i want to go to blake burman right now on the trump campaign, to say nothing of the president himself, taking in all these latest developments. blake? >> reporter: a lot going on on the legal front, the trump campaign is trying to highlight their efforts in the state of pennsylvania. they won a court case this morning that allows the folks from the campaign to get closer to the vote-counting process. however, the trump campaign says that is still not occurring at this point, and they are taking exception. >> -- makes it look like a kangaroo court. we're not leaving until we witness every single vote -- [inaudible] >> reporter: also on the legal front, the campaign announcing today it is pursuing similar measures in nevada. this was the scene in clark

county this morning, a member of the president's campaign team suggested they want better access to vote-counting processes there as well. as for president trump himself, his tweets this morning have raised questions about what exactly he wants. this is the tweet, neil. stop the fraud. but earlier this morning he also wrote, quote: stop the count. now, on a call this morning with reporters, the trump campaign was asked what exactly the president means by saying stop the count. here was senior adviser jason miller. >> well, we should not be treating ballots that are coming in late with no postmarks or ballots that are magically being found under very questionable circumstances. those should all be is set aside and dealt with separately. >> reporter: neil, as a reminderrer, through all of the talks and all of the actions that we are seeing involving lawsuits, the trump campaign to

this point has yet to produce evidence of widespread vote or fraud. something to keep in mind. also, by the way, on that call with the trump campaign they are still very, very confident, neil, about where they stand. they believe they're going to win pennsylvania, they believe they're going to one arizona, and they say within the next day or two here that president trump and vice president pence will hut 270 or more. neil? neil: all right. obviously, official recognition of arizona is that our desk called it, i believe a couple of others, that it went to joe biden. they're, obviously -- >> reporter: correct. neil: -- at all accepting that. so that would move those 11 electoral votes, if they're right, over to them. it would bring joe biden, even if he were to get a call on winning nevada today which is no guarantee, it would strip 11 electoral votes from him, so he would go down from the 264 now to 253. i don't want to put you on the spot, but what do they see in those arizona numbers, for example, blake, that others do

not? >> reporter: they say the math and they say the data that they have specifically to arizona shows that president trump will cross the finish line. what they are saying is that the votes cast closest to election day in that state are the votes that are counted last. so the trump campaign believes since they did, since their turnout on election day was what they were banking on, they're also banking on the votes from that closest to election day batch, rather, will favor the president. that's sort of their estimate, their data, the withdraw they see it. of course -- the way they see it. of course, we've got to see how the numbers come in. neil: thank you very much, my friend, on that. i was just confused, but that did clarify that a little bit. another development concerning pennsylvania. allegheny county, pennsylvania, is taking a pause in the vote count and will resume tomorrow. why, i don't know why. i think this is kind of being

internationally watched, but be that as it may, obviously, includes pittsburgh and the rest. but they have paused the vote count there just as everyone is trying to get a gauge of what that final count had been in the keystone state and its 20 electoral votes that are still upper for grabs. all right, now we're telling you what the president is thinking, what team trump is thinking to what team biden is thinking and whether the former vice president will have anything to say today. hillary vaughn following all of that in delaware. hey,hill erie. >> reporter: -- hillary. >> reporter: the biden campaign is still confident that they're going to be able to claim victory in key states like arizona and pennsylvania. they do think the, though, that georgia is essentially a toss-up at this point from the data that they're looking at, and they think north carolina is showing a lean towards trump. but the bottom line is they do not want the counting of these ballots in any of these battleground states to stop, and they think the president's calls to stall ballots being counted

is only because he is losing. >> he sees the same data we do and knows he is losing. donald trump continues to push a falling strategy designed to prevent people's votes fromming with counted. from the being counted. what we're seeing on these legal suits is they are meritless and nothing more than an attempt to distract and delay what is now inevitable. >> reporter: the biden campaign also is reacting to the recent court victory in pennsylvania where the trump campaign challenged to get 6 feet access to ballot counters. the biden campaign -- or an official with the campaign, bill russo, replied to a tweet from trump adviser jason miller calling that a massive victory. russo replied: massive victory? no. with don't care if your observers are 18 feet away, 15 feet away or 6 feet away as long as election officials can do their jobs. they will do their job. ballots will be counted. when they are done, we will win.

and the the biden campaign about all of these legal lawsuits has been they think that this is an effort from the trump campaign to, in a sense, harass the hard working people in these battleground states that are working overnight, into early morning hours to get all these ballots processed and all these votes counted. neil? neil: all right. hillary vaughn. man, oh, man. you know, i mentioned earlier on this broadcast about how similar this does seem to 20 years ago. i guess i'm giving away my age here, covering that one closely. the argument is among democrats then convinced that then george bush was trying to run away with the election without giving this due process are the same ones that republicans are using right now, arguing that the biden folks are doing the exact same thing. the issue that votes should be counted and everyone should be patient, that was the argument for the gore folks in 2000ment of today vote -- in 2000. today votes should be counted

and given due process is the argument that republicans are making in the face of what looks like a prohibitive edge to joe biden. different strokes for different folks. different times, different contest, same politics, same real estate. it is what it is. already, let's take a look at where we stand with the electoral votes as they stand right now. jackie deangelis, what does it look like? >> reporter: neil, this is our what-if scenario. biden has 264 and trump has 216. he is 6 points away, joe biden, from getting to 70, and that is why nevada is so important. but if president trump gets nevada, gets alaska, does a clean sweep in georgia, north carolina and pennsylvania, all of a sudden the game changes. now, one of the key places that we should be looking at this time and things are changing just as we speak is in nevada specifically. so joe biden has a small lead, 49.4%. 76% of the vote count is in. the difference is 11,438 raw votes at this point.

that was a little bit of a smaller gap earlier this morning. there seems to be this discrepancy over roughly 10,000 votes that the trump campaign is insisting are possibly fraudulent, that perhaps there were people not living in the state who cast their mail-in ballots. they had a woman get up at their press conference who talked about the fact she went to vote in person and wasn't allowed to because, presumably, somebody had done it for her already. but 10,000 votes, what we're talking about here, what they're talking about could potentially decide this race, and it's really crucial because, again, if this is called for joe biden again today, 270, he's done. he got it. neil: yeah. and that's why every vote counts if it's really, really tight especially in these counties, speaking of which we're going to go to north vegas right now where every single ballot counts there. we're finding out right now, this could have a lot to do with whether we get any decision out of nevada today. let's listen to this. >> a little over 51,000 ballots

that will be reported tomorrow prior to my 10 is a.m. brief. 10 a.m. brief. it's important that everyone understand that there are also additional ballots that are pending outside of what i just described. so i'm briefly going to go through those. the provisional ballots that were cast during the early voting and election day, the first announcement that i need to make is that the posting that was plussed on our web site -- placed on our web site on election night and yesterday was incorrect. we determined that our tabulation software was incorrectly duplicating those records, and so the 120,000 that you may have seen on our web site is an incorrect number. that has been corrected, it's posted at www.clark county nv/vote is correct, a little over 60,000. we have to coordinate very

closely with the secretary of state. we are a bottom-up, not a top-down voter registration jurisdiction. and so all 17 counties need to send information to the secretary, because there's not one single database that we all draw from. we all have our own. and so in coordinating with the secretary of state, we're awaiting instructions from them on when to send our provisional listing up to them, because we need to make absolutely certain that nobody who's cast a provisional ballot here in clark county has done so in another county. so we're awaiting instructions on them on when to send that report so we can make that verification. staff is still current lu working on all of those provisional ballots to make determinations as to whether the voter was eligible to cast that provisional ballot. that work will be ready once we notify the secretary of state, and it is an automated process to pass those provisional ballots into the tabulation system. we have a group of voters who

are id-required for one reason or another. the deadline for those voters to get back to us is friday, november 6th, at 5 p.m. so that is another group of ballots that we will need to put into the system once they have come in to provide their id. the u.s. mail will continue to deliver. so starting tomorrow through next tuesday, which is the last day for us to receive a mail ballot that's been postmarked november 3rd, we will continue to receive mail. so, again, those ballots are also separate from what i previously reported. the cure process in nevada which is statutorily required for those voters voters who have ben notified did not sign their ballot or their signature did not match in our system, they have until thursday, november 12th, to cure that ballot. the last day that we can tabulate and send ballots in to the system is november 12th.

so that night we will stay here until were done entering ballots into the system because statute clearly tells us that we must be done counting by that date. with that information, hope that i've clarified a lot of the questions. we are anticipating to have the bulk of our mail ballots that have been received into the system by saturday or sunday. those ballots that are coming in through the u.s. mail or that are being cured would be a small number, and we will continue to put those in. but the bulk of our ballots, we're hoping, will be read by saturday or sunday this weekend. and, again, we won't complete until november 12th with all of those other ballots that serve as exception. so with that information, i've got a short period of time here where i can answer some questions are from you -- >> [inaudible] >> go ahead. >> i was just wondering, the trump campaign was alleging --

[inaudible] improperly -- [inaudible] >> my response is that we are not aware of any improper ballots that are being processed. >> [inaudible] >> not directly that i'm aware of. >> and there's also some concerns that clark county is counting relatively slowly. is that -- [inaudible] 2016? >> i think it's important for the entire country to understand that mail ballots on this scale is very new to the state of nevada. we made a discussion here to provide as much -- a decision here to provide as much access as we possibly could as a result of the pandemic, and so our processes run a little bit slower. we also have to make sure that our data's being updated, because we need to prevent people from voting twice in the system. and so we have to scan those in as mail received so that it updates the database so that our in-person voters can't have

voted twice. we're still receiving information from our election day laptop. that'll be complete today, so we're going to update and make sure all of the information was downloaded from all 1300 of those laptops that were used on election day to make sure that the automated system will reject mail ballot for somebody who has voted on election day. so our goal here in clark county is not to count fast. we want to make sure that we're being accurate. the results in the state of nevada, obviously, are going to be very important to the entire country, and that is our number one goal. >> what's the outstanding number one more time? the outstanding number? >> i just went through the whole thing. [laughter] >> what's the total? >> well, i went through a long process. how about we get together -- >> [inaudible] why is it taking so long if you can count 70,000 a day? >> i think i just answered that question. >> you said deliberately, but if you have the capacity, why aren't you doing it? >> because they're not available, sir. there are many steps in the process. the first process is to run it

through our machines, then there are two manual processes, then it goes to the county board x then it goes to tabulation. >> [inaudible] >> i need you to speak up, sir, i can't hear your question. >> [inaudible] >> i did not say they were already counted. i said today the staff is prepared to count 51,000 ballots that are ready to be counted today. those will be reported tomorrow at 10 a.m. right there next to you. folks, i really need you all to speak up. i cannot hear you. >> [inaudible] >> those are separate, and that's why i listed in my statement that those are separate from the numbers that i reported first. >> [inaudible] >> we don't -- i don't have that number with me.

>> mr. gloria, to summarize and help us all, how many ballots are left to count? >> that's a number that i can't give you. i can't predict to you what's going to come through the u.s. mail. so i deliberately went through all of these numbers, and i was hoping that you all would take the information that i'm providing, but there's a set number of ballots that we know are available to be processed, and that's the 63,000. then i mentioned all the additional ballots. so, again, we plan to be able to have counted the majority of our mail ballots by saturday or sunday, and then all of those other ballots that were statutorily limited, i can't count all the mail ballots til i have have them. and we have to continue to accept them up til tuesday, november 10th. >> so repeat the number so that we are clear, it is 63,262. >> that is correct. >> thank you. >> [inaudible]

on the ballot -- [inaudible] is it possible for someone else -- [inaudible] >> i personally have dealt with her. she brought her claim to me, we reviewed the ballot, and in our opinion, it's her signature. we also gave her an opportunity to provide a statement if she wanted to provide a challenge to do that. she refused to do that. a member of the nevada state office investigation team also interviewed her, and they had no issue with the assistance that we tried to give her. >> [inaudible] >> i have nothing else to comment on that. next question. >> [inaudible] yesterday evening --

[inaudible] >> i can tell you that my wife and my mother are very concerned for me, but we have security here. we have law enforcement who are protecting us. i am concerned for the safety of few staff. we're putting -- of my staff. we're putting measures into place to insure that we have the security that's necessary. again, we're going to monitor the vehicles as they come in to make sure that they should be here and that they're parking properly so that we don't prevent our employees from having an issue getting in and out of the facility. but i feel safe. we're going to be okay. we're going to continue to count. we will not allow anyone to stop us from doing what our duty is in counting ballots. yes, right there. >> [inaudible] what about -- [inaudible] of north dakota, and that's was a violation of those old

rules -- [inaudible] >> the first part of your question relates to action that was taken by the nevada legislature. i don't make policy, i'm simply an administrator. so the nevada legislature acted in the summer, and we carried through exactly what they prescribed for us to do. as far as your second issue, that issue's been litigated, and the judge ruled in our favor. louder, please. >> [inaudible] >> those are reports that we're going to generate after the election once we start getting ready to do our canvas. so that's information that i'll have available once we've done all of our work, counted all the ballots. and if we have enough proof, we'll definitely be going out to arrest these people because those are, obviously, illegal actions. but that's an activity that needs to take place once we're

done counting and getting the canvas done. >> [inaudible] >> most of these voters have been notified when they actually voted because they voted provisionally and were told they didn't have the id they needed in ordered to do that. these were also ballot voters that were also notified that they needed to provide an id on the envelope, and they failed to do so. they've been notified, and the deadline is tomorrow at 5 p.m. i know there are several people working to actively get ahold of those votersers and try to get them in. there was a question right there. yes. >> [inaudible] >> it depends on the status of our mail ballot process. we are running shifts in certain areas, so we work anytime

varying from 5 a.m. up until 10 or 11:00 at night. we don't run the 24-hour shifts because the work that comes through on the mail ballot process is very deliberate, and it moves forward. and so we complete the work that's done in each stage, and the next day it carries forward to the next. again i emphasize, what i'm trying to report here is that clark county looks like we'll be automobile to count the majority of our mail -- able to count the majority of our mail ballots by saturday or sunday. however, there are other ballots that we'll have to continue to read, because we have to talk ballots until -- take ballots until next tuesday. >> -- briefings on saturday and sunday? >> absolutely. i will be here at 10 a.m. til we're done. >> mr. gloria, do you expect to announce -- [inaudible] later today? >> we're going to coincide with the secretary of state. i think it's very important that all 17 of the counties are working to coordinate with the

secretary who's our chief election officer. so she has reported that she'd put out today at nine. we followed suit and and reported today. if the is secretary makes a decision not to report from here on out, we are going to have to report. so if we have results to report, we will do it on a daily basis, as i mentioned. we're going to do a 10 a.m. brief to give you all an opportunity to ask questions, and our updates should be posted prior to that brief. right there. >> [inaudible] >> new individual who had an issue with their mail ballot should have contacted us prior to election day. we are here to help the e voter. of i have been on many zoom interviews, many meeting interviews, many organizational groups throughout the county letting them know if you have an issue with your ballot, call 455-vote. however, they're past that

process. the election isover. we're in the process of counting at this point. right there. >> [inaudible] >> you know, that's available on our web site. i don't have that number right off the top of my head, but you can quickly see that on our web site in our enr report. right there. >> [inaudible] >> i'm sorry, ma'am, i can't hear you. i'm hard of hearing, and we're in a warehouse. >> [inaudible] >> regardless of any reports that you're referring to, the numbers that i just gave you are the ones you should go with. don't try to calculate it for yourself. i just told you that there are 63,262, and then there are exceptions. so i can't answer any of your questions because you're drawing

from data that i didn't calculate. >> [inaudible] >> yeah, but that's not what yous to -- [laughter] i purposely set up this interview so that we could make sure and clear this up. you're drawing your data from somebody else, and you want me to answer according to that number. i can't. that's why i gave you this information. >> [inaudible] >> next question. right there. >> considering all -- [inaudible] in place -- [inaudible] how likely is it it that a single ballot that should not have been counted has been counted? >> i can't give you a probability on that. what i can tell you is that we're firm in our commitment to making sure that we're processing ballots with high integrity in the state of nevada. a lot of that depends on anybody who's aware of something they feel that may have been nefarious. they need to notify our office, and we'll get the nevada secretary of state involved with investigating that. we're doing everything we can to uphold the integrity of the process here in clark county.

>> should voters in nevada and across the country have confidence in the counting of the votes? >> absolutely. we're very committed here, and we have a strong history in clark county of leading in our processes and the use of technology and working to keep things high in integrity we everything i do and we do as a team. credit to my staff for their commitment as well and the hours they've worked. but what i really want to also hit home on, and this is for election administrators across the country. i'm sure they agree with me. we're not concerned with reading as fast as we can. we are concerned with making sure that we're accurate in what we report, because this is a very important election to the state of nevada. it may make the decision for the president, so we take that very seriously, and we will make sure that we're doing everything proper. >> so your numbers and everybody's wanting to be clear, 63,262, and you expect the count of 51,000 today.

that means most should be counted by tomorrow. >> that's not what i said. i've said it many times. clark county is looking like we will complete the bulk of our mail ballot count by saturday and sunday. after that there are several exceptions related to statute. i can't, i can't know what i'm going to receive in the mail next sunday -- not sunday, monday and tuesday. i'm statutorily required to count those ballots if they're postmarked by the 3rd. we have to visional ballots that are going to go in. -- provisional. all of the exceptions that i mentioned, those are ballots that will be counted. anybody that was eligible and cast a ballot and provided anything they needed to provide, the ballot will be counted by november 12th. >> [inaudible] >> did i -- of i don't have observers. it's the general public that comes in and observes. i don't have observe ors. >> [inaudible] >> speak up, ma'am. >>

[inaudible] >> absolutely not. we've been working close with all parties who have been interested in observing our activities. in fact, we've gone above and beyond what the statute calls for us to do. the only thing clark county needs to do, required by law, is to provide access to anyone who wants to observe us counting. we realize with the engagement by the general public in this election that there were going to to be concerns and probably wanted to see. we, as a courtesy, provided more observation opportunities in other rooms. now, these groups have also been contacted on a regular basis, and they continue to say that we're not communicating with them. we've started communicating with them in the months of august and september, and we made clear to them exactly what we would do. we set up a schedule to count, and it's a worst case scenario,

because we want to make sure that we've got all of our bases covered and we're going to have staff available to complete each task, each step every day. obviously, my staff is getting better at what they do because they've been doing it for over to 20 days now. so if we finish before our scheduled time and there's no more work, they're done. and so we have notified observers who have come up there's nothing to observe, and we've even gone so far as to tour them and take them to see the area to confirm that there's nothing going on. unfortunately, there are some observers that come through that take it upon themselves to go into areas that they're not allowed to view, interact with our workers, which they're not allowed to do. we clearly communicate to them exactly what they can and can't do with observers. so, no, we have done everything we possibly can in clark county to allow observers to participate. >> point of clarification -- >> one more question. we're going to take -- >> -- [inaudible] ballots reported today.

>> same thing. >> ballots reported today, same day, mail ballots -- >> what do you mean by same day? >> same-day voting. >> you mean registration? >> voting in person. >> all the in-person votes are in the system. >> so -- okay. the ballots reported today were dropoff of vote-but-mail ballots, is that correct? >> some of them. they're grouped in different areas. i can't tell you exactly which ballots went in and got counted. >> how can you're not able to say that as the registrar? >> i would have to go look at the batch. what i'm telling you is exactly what we have left, drop-off ballot, things left in the mail. that's all we have left -- >> reporting today was not in-person voting. >> again, in-person voting was reported on election night. that would have been early voting and election day. all of the in-person votes are in the system. >> understood. thanks, sir. >> thank you very much. we'll see you tomorrow morning. neil: all right. that's a guy who's under a lot

of pressure right now, and he was showing it in a testy response with reporters, the registrar in clark county which includes the greater las vegas area. he say our goal in clark county is not to count fast. well, he is achieving that -- [laughter] because they're not counting them very quickly. obviously, referring to the sheer volume of mail-in and related voting, absentee ballots and the like, that has complicated the process not only for him, but for counties and for registrars, those counting votes across the country now, particularly in these six battleground states of which nevada is one. one interesting development that could maybe telegraph some trouble for biden folks who were looking maybe for some closure on their nevada 6 electoral votes going their way, it might not come today. the decision desk, our own included, can extrapolate what they wish, but he seemed to make clear right now that, first of all, they're looking at this and the process will continue with an update tomorrow morning at 10 a.m.

so that indicates, certainly, no conclusive results by tomorrow in clark county. and as if to sort of agitate the situation a little bit more, it really is not until november 12th that they will have all completed returns available. so by that math, we're well into next week before we get results out of clark county. whether that applies to all of nevada and delays official nevada results, you know, often times we we don't need official results. sometimes the people who crunch these numbers to sort of conclude. the way it's going in clark county right now, we can extrapolate9 from that that it's going for joe biden or donald trump. right now the edge of the overall voting in nevada is more for joe biden but, again, that could change. we'll go into this in a few more particulars. the headline i read out of this -- this, again, is just me -- if you're looking for nevada called today given what's happening in clark county that includes the las vegas lawyer,

you likely will not get it today. but we're making no clean leaps here on what that decision will be. let's go to jerry seib, "wall street journal" executive, washington editor. jerry, what do you think? i have a gut feeling that those waiting for are not going to -- for nevada are not going to get it today. >> you're right. it seemed to me that was the overall message, that they have tens of thousands of ballots to count yet, they won't finish that for several more days, then there'll be some provisional ballots in late-arriving mail-in ballots yet to come as you suggested, as late as next week. the difference is the margins. will those last, straggling ballots be voluminous enough to really tip the numbers versus what we will know in a couple of days. and that's not clear. clark county's crucial because that's where the biggest bulk of the joe biden vote advantage is going to come from, and so that's why it's going to be watched very carefully. neil: some of these remaining

states -- georgia, pennsylvania is another one -- they're close enough to be, certainly, within the margin of error which explains the slow process to make sure they're being counted, you know, accurately. but this whole flood of mail-in and non-person voting, in-person voting, you know, has really overwhelmed these systems. i'm not making a political attack, just an administrative one, that could delay an official read on this for some time. what are your thoughts? >> i think that's right. and i think there are two things to keep in mind. one is, this is not abnormal. in every election there are straggling votes, mail-in votes that are counted late, provisional votes, overseas military ballots. the difference is that doesn't matter if the margin of victory for one side or the other is so large that those are footnotes, not decisive. now we're dealing with states where so close that those kinds of last minute counts could be decisive. the second thing is, and this is

to state the obvious, the sheer volume of votes cast by mail that have to be counted separately from the in-person or early votes is so big this year. and so, no, the systems in most of these states are not equipped to handle it. some they they are. colorado, for example, or utah, they're prepared to deal with that. not in every state. and so, you know, i think people need to have a little patience and need to, frankly, cut some slack to these local elections officials who, you know, by and large, are just trying to do the right thing, as we just heard. neil: your thoughts in how the market's responding to all this. i mentioned earlier, jerry, that while the presidential drama's riveting, they're just happy that whoever wins, the senate's still in republican control. but your thoughts. >> well, i think they're kind of -- it seems to me they're kind of pricing in divided government, you know? a joe biden presidency and a republican in senate hands which means no radical moves in washington or at least they're hard to make. you'll maybe have centrist

policy, and some of the, you know, some of the impulses of the left wing of the democratic party will be held in check, and that pleases the markets. they also think this is probably a formula that provides additional stimulus probably before the end of the year, but also in a new congress under a new president -- [inaudible] stimulus for the overall economy and for the market. so i think the markets are calculating all those things in to the pricing that they're doing right now. one of the other things they can calculate nobody in washington particularly cares about the deficit anymore, so you're going to have some stimulus in that regard. [laughter] the one thing that might get in the way would be a big corporate tax increase but, again, if you have a republican-controlled senate, the ability of a biden administration isn't zero, but it's not unlimited either. neil: jerry seib, thank you. so much for that. quite right about this worry about the deficit and the debt on either party. not front and center, let's put it that way. we're going to update you on why the heck the market is

moving so fast. briefly touched on, this is the fourth day in a row that the market has advanced, strong since april of this year. in fact, it's the fourth triple-digit advance in the dow. haven't seen that one in a while either. exactly what is driving that beyond what's going on in? what the heck is going on with technology which has nothing to do with washington? after this. ♪ before money, people traded goods. tools, cattle, grain,

even shells represented value. then currency came along. they made it out of copper, gold, silver, wampum. soon people decided to put all that value into a piece of paper, then proceeded to wave goodbye to value, printing unlimited amounts of money as they passed the buck to the future. that's why it's time for digital currency and your investment in the grayscale funds. go digital. go grayscale.

hi, my name is sam davis and i'm going to tell you about exciting plans available to anyone with medicare. many plans provide broad coverage and still may save you money on monthly premiums and prescription drugs. with original medicare you're covered for hospital stays and doctor office visits, but you have to meet a deductible for each and then, you're still responsible for 20 percent of the cost. next, let's look at a medicare supplement plan. as you can see they cover the same

things as original medicare, and they also cover your medicare deductibles and co-insurance, but they often have higher monthly premiums and no prescription drug coverage. now, let's take a look a humana's medicare advantage plans. with a humana medicare plan, hospital stays, doctor office visits, and medicare deductibles are covered. and, of course, most humana medicare advantage plans include prescription drug coverage. in fact, in 2019, humana medicare advantage prescription drug plan members saved and estimated 7,800 dollars on average on their prescription costs. most humana medicare advantage plans include a silver sneakers fitness program at no extra cost. dental and vision coverage is now included with most humana medicare advantage plans, and you get telehealth coverage with a zero dollar co-pay. you get all this for as low as a zero dollar monthly plan premium in many areas, and your doctor and

hospital may already be a part of humana's large network. if you want the facts, call right now for the free decision guide from humana. there is no obligation, so call the number on your screen right now to see if your doctor is in our network, to find out if you can save on your prescriptions, and to get our free decision guide. humana - a more human way to healthcare. ♪ ♪ neil: you know, we mentioned before the break all these officials who get heat from reporters, i always feel for them, too, because i remember 20 years ago the same thing with the rem star the, of course -- registrar, of course, in clark county. most of them working are volunteers. when you feel a little pressure, you snap. that does not apply to charlie gasparino with a little bit of pressure and nasty tweets. he lives for that.

[laughter] a bad day for him would be no pressure. but that, of course, not happening. it's in droves, and he's delighted. he joins us right now on all of this. >> i thought that guy did a great job. neil: i loved his -- stop it, i just told you -- [laughter] oh, man. >> for some reason, even reporters can find some sort of -- hiking the fact that people put reporters in line. don't ask me why. i know where he's coming from. here's what we know about all this voter, what the trump administration's trying to do legally to get recounts. inside -- i know what they're saying publicly. they're telling you it's going to happen, they're dubious about arizona, they really think that maricopa county is, you know, a conservative hotbed and, you know, votes weren't counted right there. they think they have a shot in

nevada, they think pennsylvania they have a shot. behind the scene, they're far less optimistic just from talking with people. they know this even from a legal effort, they have to raise money to do this, they have to, you know, mount this serious legal challenge in four or five state. it is extremely expensive, that's why they're feverishly trying to raise money. it's going to be very difficult. and they also can see that, you know, think of the odds. they probably have to turn -- we were speaking, lydia and i were speaking with people today. lydia actually spoke with a senior republican who's very close to the white house. he basically said, listen, we may have to flip both nevada and arizona to make up this difference, you know? it's a severe uphill battle. they know it. that doesn't mean they won't try to do it. they must see some light at the end of the tunnel, i don't know why. the arizona thing, i will tell you, when i speak with republicans, they're, basically, there's something there. i don't know why they think

that, but they really believe that maricopa county is undercounted. there was an undercount of the republicans in maricopa county, that's what they're telling me. i don't necessarily buy that. matter of fact, i don't buy that. it's going to be very difficult to overturn. remember what happened with the supreme court last time, neil? you can correct me if i'm wrong. we were both reporting about that back in the day. the supreme court essentially affirmed an outcome that was already made even though it was contested and it was hanging chads. if this goes to the courts like the supreme court, they would eling have to -- they would have to overturn an outcome. and i don't know if a conservative court will do something like that. that doesn't fit in within the conservative mindset. talk to judge napolitano e about this, he knows better than me, but it seems like a heavy lift for the supreme court to overturn an outcome than want to affirm the outcome even if it's

an outcome that's reached by hanging chads. is so that's where we are right now on this. meanwhile, wall street just loves the fact that republicans have gop senate. and one other thing i would point out, neil, look at bond yields. yesterday they were down. there's a reason for that. there's a cap on how much joe biden will be able to spend on his green new deal. that's better for the deficits, better for bond prices. that means yields go down. neil: you can are your, the best of both worlds there. real quickly, charlie, on arizona, it's a far western county, some of the late votes are, apparently, that they consider to be republican votes. they're the ones that have yet to be counted. now, whether that makes up the difference, that's part of this. i think the problem is getting all that resolved. real quickly, joe biden right now, is he in wilmington? all right. going to do a briefing right now, we'll see, see if he's saying anything. he knew i was going to say let's

see if he's saying anything. [laughter] and he didn't. we'll have more after this. so you only pay for what you need. wow. that will save me lots of money. this game's boring. only pay for what you need. liberty. liberty. liberty. liberty. my husband would have been on the sidelines. but not anymore! of -- like the fact that people strength non-steroidal anti-inflammatory gel to target pain directly at the source for powerful arthritis pain relief. voltaren. the joy of movement.

voltaren. i paid off my credit cards and apand felt a weightnal loan. come off my shoulders. thank you sofi for a great experience and for helping me get my money right. ♪

muck. ♪ neil: all right. we're already getting a number of key decisions coming out of various courts, certainly pennsylvania and elsewhere, michigan, where again the trump

campaign's criticisms of the vote-counting process were slapped down by a judge. this is how it went exactly some 20 years ago. of course, everything was focused on florida. to robert ray right now, former white water independent counsel, on where he sees this going. it usually starts in courts in the local areas, in that state, then goes higher and higher, often times to the state supreme courts all the way, of course, as we all remember to the u.s. supreme court. follow this process, help us out where you see it going. >> well, i guess the most significant distinction 2020 and back then in the election of 2000 that it involved only one state back in 2000, and it was really just a handful of votes, a few hundred then separated the distance between the winner and the loser. i mean, this is a very close election here in 2020, and i don't know there's probably six states in play, right? but in each one of those states

while it's close, we're not talking about -- at least not yet -- a handful of votes separating the two candidates in any one state. and also, you know, understand that joe biden has multiple pathways to 270 electoral votes. so even if you could zero in on one state to say that it might determine the outcome in just that one state, it may not decide the election. so you look at these things and you see where it's close, you know, a 70 or 50,000-vote differential's not close enough. 7,000 votes is probably not close enough, you know, if you're talking about hundreds or a small number of thousands, that's when you really get into the question of trying to open this up, asking for recounts, trying to look for fraud and looking for something that would make a difference. it's not clear yet whether there's really anything available that would make a difference. now, the count still goes on, right? neil: right. >> and we don't know the outcome

of the election yet. but if you're talking about -- your question was about the effect of litigation. i think you really have to sort of wait and see depending on whether it really is close enough that litigation could decide the outcome. neil: you know, robert, i always get the feeling that the supreme court -- which would take up something if it was forced to, would rather not, would rather continue to see what happens in lower courts before it ever reaches theirs -- >> right. neil: -- hope and prayer, regardless of where various justices are politically, that they never have to entertain this whole issue. >> well, i think that's right. look, the best case, i think, that the trump administration can make in court is likely to be one that already exists before the supreme court which is the pennsylvania matter. and i think they have a very good argument that the pennsylvania supreme court changing the rules without the benefit of legislative action is in all likelihood unconstitutional. i think i would tend to agree with them regarding that, can

and at least at there's four vos in the supreme court for that outcome. we don't know what justice amy coney barrett, how she would rule, but probably side with the conservatives who have already indicated that they have a problem with what's gone on in pennsylvania. but again, neil, that's only one state. and the supreme court likely wouldn't take that up unless it thought that it had no choice, meaning that the outcome in pennsylvania would decide the election. i don't think we're anywhere close to being there yet. neil: all right. you're right. we'll have to play this out. this time there are multiple chess pieces, multiple players rather than just one, what was going on in florida. but thank you, robert, very good catching up with you. the former white water counselor, robert ray. er up about 554 points on the dow. we are waiting to hear from someone actually much more important today at least, the chairman of the federal reserve. ♪ ♪

. . businesses today are looking to tomorrow. adapting. innovating. setting the course. but new ways of working demand a new type of network. one that's more than just fast. you need flexibility- to work from anywhere. and manage from everywhere. advanced technology. with serious security. and reliable coverage, nationwide. forward-thinking enterprises, deserve forward-thinking solutions. and that's what we deliver. so bounce forward, with comcast business.

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. during the course of their disease around 50% of people with parkinson's may experience hallucinations or delusions. but now, doctors are prescribing nuplazid. the only fda approved medicine... proven to significantly reduce hallucinations and delusions related to parkinson's. don't take nuplazid if you are allergic to its ingredients. nuplazid can increase the risk of death in elderly people with dementia-related psychosis and is not for treating symptoms unrelated to parkinson's disease. nuplazid can cause changes in heart rhythm and should not be taken if you have certain

abnormal heart rhythms or take other drugs that are known to cause changes in heart rhythm. tell your doctor about any changes in medicines you're taking. the most common side effects are swelling of the arms and legs and confusion. we spoke up and it made all the difference. ask your parkinson's specialist about nuplazid.

find a stock basedtech. on your interests ask your parkinson's specialist or what's trending. get real-time insights in your customized view of the market. it's smarter trading technology for smarter trading decisions. fidelity. ♪ neil: real quickly, something we learn on today's show. i hope we always learn something on the show. i got decision, looking for results out of nevada, something could seal the deal joe biden he should be granted the state and six electoral votes, p.m. president-elect, 270 votes. clearest indication, clark

county, includes las vegas, that ain't going to happen anytime soon. whether that means others can jump to conclusions looking at the data there in front of them. but it doesn't look likely today. keep the champagne on ice? we'll see. here's charles. charles: thank you, neil. good afternoon. i'm charles payne, this is "making money" big time. stocks riding a post-recollection wave despite not knowing who the next president will be. investors think there will be split congress, meaning no unraveling of pro-economic policies ins place. jay powell, wanted congress to help those left out of the economic rebound. looks like he will do more but what exactly can the fed do? he better explain it in 30 minutes. joe biden one state away from the white house, president trump and his campaign are fighting back, filing a host of lawsuits to stop voting counts. we'll get the latest from trump

attorney jenna ellis, coming right up. first, edward lawrence live in d.c. with the federal reserve on the latest interest rate decision. edward, let us know what it is. reporter: charles. coming up in about seven seconds or so we'll have to wait a little bit for that decision. but the federal reserve is ready. they finished their meeting. they have decided. here is what they have. they will leave the federal funds rate unchanged. nothing will change related to that, 0 to .25%. also in the statement a minor tweak. economic activity and employment they say have continued to recover but will remain the below the levels from the beginning of the year. that is a change instead of picked up, it continued to recover. they're saying weaker demand and earlier decline in oil prices have been holding down consumer price inflation. that is minor change. they removed the word significantly from that statement. now the federal reserve will also be buying treasurys and mortgage-backed securities at the same level. b