to stop it. >> thank you, dan. if you have your own hit other miss, e-mail or tweet it to us. i'm paul gigot. hope to see you here next week. hello and good afternoon to you. i'm julie banderas. >> julie, good to see you as always. i'm kelly wright. topping the news, donald trump on a campaign and fundraising swing through a critical swing state, pennsylvania, on the heels of a tough week for his presidential run. and hillary clinton enjoying a rise in the polls for her debate performance amid trump's troubles. now she's making a play for her rival's supporters. hurricane matthew a category

5 status as it powers through the caribbean. the latest from the fox weather center, coming up. so we begin on this first day of october, happy october to all of you, with the race to the white house. just over a month until it all comes to an end. >> do you even want it to end? i kind of don't know what we're going to do with ourselves. >> i'm so ready. >> brand-new fox polls showing hillary clinton gaining steam against donald trump, less than one week after monday's debate that set viewership records. it's been a rocky road for trump, for his debate performance, his late night twitter rant against a beauty queen. clinton has a national lead in a

four-way race. we have team fox coverage. rich edson is in chappaqua, new york. peter doocy is following the trump campaign in pennsylvania where a rally is set for later tonight, hey there, peter. >> reporter: hey there, julie. pennsylvania is where donald trump came a few weeks ago when he wanted to unveil his new plan to improve childcare. it's where he's coming today, the day after his daughter ivanka cut an ad for him about that subject that is aimed at broadening her dad's appeal with women. >> my father will change outdated labor laws so they support women and american families. he will provide tax credits for childcare, paid maternity leave, and dependent care savings accounts. this will allow women to support their families and further their careers. >> reporter: trump is lagging behind clinton with women. in a fox news poll released late last night he's got a 49-32 lead

with when by trails by 20 with women, 33 to 53. trump's team, though, thinks they can easily narrow her lead. >> if you listen to the pundits about monday night, hillary clinton should be at 82% right now, 110% among women, and she's not, she's still well below 50 in your fox news poll. why? because people already know her. their minds about her representing the status quo and having this very checkered and underwhelming record that they know that doesn't change over the course of a 90-minute debate. >> reporter: trump is also explaining now that he thinks his predawn tweets questioning the credibility of former miss universe alicia machado, including one instructing his followers to look for a sex tape, are another reason to vote for him because, quote, for those few people knocking me for tweeting at 3:00 in the morning, at least you know i'll be there awake to answer the call. some trump supporters here in

amish country, pennsylvania, did put up some billboards with trump's picture on them to reach those voters who are not necessarily checking twitter or watching tv. we've run into some amish people here who say they are ready to make america great again and the think donald trump is more honest than hillary clinton, because they saw those billboards. >> peter doocy, thank you very much. kelly? meanwhile hillary clinton is taking a break from the trail this saturday, following a post-debate jump in the polls. and after spending much of her friday firing at donald trump and his late night twitter tirade that we heard period of time talk about as well, aimed thai former miss universe, she's trying to get more bernie sanders supporters on her side. rich edson is l town clinton now calls home, chappaqua, new york. rich, good to see you, what's happening out there? >> reporter: good to talk to you, kelly, good afternoon to you.

breaking news from the clinton campaign, the campaign says that it raised $154 million in september for the campaign and for the democratic party, and that the clinton campaign begins october with $150 million on hand. so she's got some money and now she needs some more millennial voters, particularly those who supported bernie sanders in the primaries. that's why they've enlisted his help. he will be appearing for hillary clinton at three separate events in iowa. that's a state he finished just second to, just behind hillary clinton, during the caucuses there earlier this year. and he also campaigned there to very enthusiastic crowds. he campaigned with her at the university of new hampshire earlier this week where clinton pushed a college plan that offers tuition relief. when you look at how hillary clinton is doing among millenials, there's a new bloomberg poll out that says for voters younger than 35 years of age, when you consider all four candidates running in this

presidential race, she's only got about 4 percentage point lead on donald trump. clinton is also talking about what you were discussing, what period of time was discussing, the tweets that he had criticizing the former miss universe, alicia machado. >> i mean, really. who gets up at 3:00 in the morning to engage in a twitter attack against a former miss universe? i mean, he hurled as many insults as he could. really, what does he do things like that? >> reporter: it was hillary clinton who brought alicia machado to the national conversation, mentioning her in monday night's presidential debate. machado won the miss universe pageant back in the late 1990s, and donald trump had criticized her then for gaining too much weight. he continued criticizing her

this week in the tweets he sent out overnight a couple of nights ago in which he called her disgusting, among a few other charges. clinton says that trump has become unhinged. back to you. >> rich, i have a feeling that the next debate between these two is going to fireworks. that's all i can say. thanks for the report. again -- >> reporter: why would you say that? >> thanks for updating us on the breaking news from the clinton campus. $154 million raised in september. thank you, rich edson. what a week it's been. let's talk endorsements. we saw a lot this week and they were almost all for hillary. "the detroit news" in the wing state of michigan slamming donald trump saying trump cannot be president. for the first time in its history, i'm sure you've heard, "usa today" taking sides in a presidential race, it's never done this before. although it stops short of

endorsing clinton, it says, and i'm quoting, this year the choice isn't between two capable major party nominees who happen to have significant ideological differences. this year one of the candidates, republican nominee donald trump, is by unanimous consensus of the editorial board unfit for the presidency. and later, quote, resist the siren song of a dangerous demagogue. by all means vote, just not for donald trump. very strong words in that op-ed piece. let's talk to our panel. t joe trippi is the former campaign manager for howard dean. jay sabria is former campaign manager for john kasich. let's talk about these endorsements. boy, we saw a lot this week. they're almost all for hillary clinton. two were for gary johnson, and one, the "usa today," was anyone but trump. what do these endorsements actually mean in the race in the

first place, jay? >> newspaper endorsements don't mean as much as they used to. i will say this, these are kind of man bites dog kind of stories, they make headlines. people see them on the capable ne cable news shows. it makes headlines. it continues the narrative that donald trump is not fit for the presidency. secondly, it also makes this race a focus on donald trump. prior to last week's debate, everything had been about hillary clinton, her health, basket of deplorables. she'll skillfully made this about donald trump. >> when you say that, in this case, in the polls it's hurting him, but in the past when it's all about donald and it's about negative things about donald, it actually helps him, that's what he wants, no, joe? >> since they both game nominees, i agree with jay,

what's happened with any time the focus is on one of them, that person falls. that's what was going on with hillary clinton, the focus was on her. and now when it's on trump, it doesn't work well for him either. i think one of the things these newspaper endorsements too, particularly "the arizona republic," "the cincinnati inquirier," these are papers that for a hundred years only endorsed republicans for president, eisenhower, reagan. for them to break and to go across the aisle and endorse hillary clintons a hillary clinton, as several of them have done, and again, pointing out that they believe donald trump's unfit, that is the big concern voters have that stopped them from going to him. >> jay, isn't this fuel for trump's claim that the media is on clinton's side and he obviously points out the mainstream media always is going to lean liberal despite the fact that some of these newspapers were conservative newspapers? >> here's the problem with that,

though. fighting against the mainstream media, fighting against ms. machado, that's not who he's running against. he's running against hillary clinton. he's got to realize that. he can't grow his coalition to his victory, talking to his base, continuing his fight with the media. that's not going to help him. he has to get disaffected republicans, suburban white women, and independents who want to vote for him because they think hillary is terrible, but they keep getting reasons not to vote for him. that's what these newspaper endorsements do. >> it's no surprise that the media will throw its support behind hillary clinton, when you talk about "the new york times," for example. but when you talk about these newspapers, let's go through the list and take a look at a couple, "the cincinnati inquirier" which hasn't endorsed a democratic candidate in a

century, i mean, it is coming at the expense of its readers, because in fact many readers have unsubscribed from these conservative publications. the republicans even claimed that they received a death threat. could this election get any uglier, joe? >> no, it can't get -- it can get uglier, and it probably will get uglier as we get close to the election. look, the problem trump has is attacking the mainstream media is always a good tactic except for the fact that "the arizona republic" -- i mean, they've joined the liberal mainstream media now? i don't think so. "the cincinnati inquirer"? this is a broad breadth of american newspapers saying this guy is unqualified. >> jay, when is the last time we saw such opinionated or op-eds

or have we? i don't recall. >> i don't recall anything like this happening, whether "usa today" takes the unprecedented step of saying they don't favor him, that's amazing to me. >> thank you, gentlemen, it is pretty amazing, that's a good word for it. this is a fox news alert and a very sad update to this week's shooting at a south carolina elementary school. a 6-year-old boy who was wounded has now died. the 14-year-old suspect has already charged as a juvenile, facing murder and attempted murder charges. the suspect's father was found dead about a mile away from the school. another student and teacher were wounded but are expected to make a full recovery. our condolences and prayers to their family who lost their 6-year-old son. hurricane matthew dropping back to a category 4 storm after reaching a 5 status briefly last

night. that's the first hurricane to reach category 5 since 2007. it's making full steam toward jamaica and haiti, no doubt a powerful and dangerous storm. any threat to the u.s., that's what people want to know. senior meteorologist janet dean is live with more details. people also want to know what's happening in jamaica and haiti, they could be adversely affected. >> absolutely. the storm reached category 5 status last night, 165 miles per hour sustained winds. now down to a category 4. but this is a dangerous, potentially life-threatening storm, especially for jamaica, as well as haiti, cuba and the bahamas. we get a brand-new path at 5:00 p.m., and each path and each update is so important because obviously we want to watch out for our friends in the caribbean and the bahamas, but also because we want to know what's going to happen across the u.s. and it looks like the computer

models are coming into some agreement. there's the future radar. it will be a slow mover until we get into monday/tuesday. hurricane watch is in effect for jamaica and haiti. i expect those watches will go up into the bahamas. there is the typical storm model that makes up that cone of uncertainty. it looks like we're seeing a little bit more of a west ward track. that means the potential for impact along the east coast. here is one of the reliable forecast models, the gfc, the american models. we're watching this carefully for jamaica and haiti, a strong storm that could potentially be very destructive. thursday, friday, look what happens, it comes very close to the east coast, perhaps brushing for making a landfall across portions of the coastal caroline as. earlier today it was showing more of an easterly tour close

to bermuda. now the computer model here is moving to the west. there is some consensus here that we could have an impact. one thing for certain, the water is very warm here. we could easily have a major hurricane, maintain its strength over the next several days. at the very least, tropical storm-force possible for the bahamas and haiti, and the possibility for the hurricane to make landfall across the east coast. we'll be watching this five to seven days out, kelly and julie. so my advice for everyone, if you leave in these areas, make finalized preparations for a hurricane. if you leave along the east coast, make your preparations now. >> janice, i want people to pay attention because it's such a serious storm, five to seven days of this, ay-yai-yai.

thank you. we're following the death of an unharmed man by police, and calls for justice. preparations for a massive showdown against isis. u.s. forces reportedly in the thick of it. ugh. heartburn. sorry ma'am. no burning here. try new alka-seltzer heartburn relief gummies. they don't taste chalky and work fast.

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we can't go back to the years of devastating cuts to public education. exactly why i urge you to vote yes on prop 55. prop 55 prevents $4 billion in new education cuts without raising taxes on anyone. and there's strict accountability in prop 55. with local control over school funding decisions. and mandatory annual audits guaranteeing the money goes directly to our classrooms. not to bureaucracy, not to administration. so vote yes on 55. because it helps our children thrive.

hundreds gathering to protest the police involved shooting death of an unarmed black man near san diego. religious leaders leading today's march that will end at police headquarters, after two videos of the shooting of alfred alongo. they were made public. police say they fired after he entered a shooting stance. it turns out he was holding a vaping device. it's hard to hear that this has happened again, alycia. >> reporter: absolutely, julie. we're going to show you what that type of vape pen looks like. first, the videos, and to the parents out there. we want to give you a warning if you want to consider who else is in the room with you. the police department is still investigating tuesday's shooting. it is not their policy to

release this kind of evidence but there's been a tremendous amount of pressure on the police to do so. there's surveillance video, then a cellphone. first the cellphone. [ shouting ] here is that same moment from a nearby restaurant surveillance camera, when 38-year-old alfred alongo was approached by police after his sister called 911 saying he was behaving erratically. when confronted by police, they say he pulled something and pointed it at them in a shooter stance. it was a vape pen like this one. police shot and killed alongo, which was followed by four days of protests. >> we came to this decision based on our collective concern for the public safety and the

community. the evening of the officer-involved shooting, misinformation spread by individuals who at this point were not identified as witnesses. the information was misleading and had the potential to create unrest in the community. we are aware of the impact on the community of el cajon as a result of the he escalation of aggression from some demonstrators that has led to criminal activity. businesses are closing. schools are releasing students prematurely. some school-sponsored sports events have either been moved or cancelled. all of these issues played a part in the discussion i had with mayor wells and the community to release the video. >> reporter: over the last four days, there have been several arrests as protesters have thrown blast bottles and bricks at officers. later today a protest is planned at the san diego convention

center. fox news correspondent will carr will have live updates from the scene. >> thank you, alicia cuneo. u.s. troops are on their way to iraq, joining the already more than 4,000 u.s. forces on the ground there. and it comes amid reports many u.s. troops are increasingly active near the front lines, as iraq prepares to try and recapture mosul from isis. joining me now for his thoughts on this is general jack king, a retired four-star general, chairman for the institute for the study of war, and a fox military analyst. general, thanks for joining us today and thank you in advance. already 4,000 troops on the ground, they're going into the belly of the beast in mosul. what do you anticipate the u.s. troops will encounter as they try to shore up the training and also watch what the iraqi security forces will do as they go in to try to take that city

back from isis? >> what's actually happening, kelly, this is almost three years now since isis made their first incursion into iraq in january 2014, when they rushed and seize fallujah. and this is the culmination of one campaign after another. it is the last major campaign to retake mosul which is the second largest city in iraq. and this will be the toughest fight they likely have been in, because of the sheer scale of that urban center itself, which isis has used ieds, improved explosives, and a lot of fortified tunnels. our troops will not be in direct combat roles where they are actually doing the fighting. they will be assisting others who are doing the fighting, in an advisory capacity. what does that really mean? that means that they will be on the ground in a combat zone,

close to the fight, but not actually in the fight, but subject to mortar fire, subject to ieds. and all the dangers that go with being in a combat zone. and this is they could be caught in crossfire or fire fights, as we've seen in the past. general, the kurdish forces have been very strong allies of ours, and they've been able to do a lot to quell isis. will they be helping in this fight as they try to take mosul back? >> yes, they will. the principals in the force are the kurds, the iraqi security forces, the army itself, the counterterrorism unit, which has been so successful in leading the other fights. and in this fight, to a certain degree, will be the iraqi she i can't -- iraqi shia militia. the iraqi military has included them under the influence of the

iranian government and because of the scale of the issue. why are we concerned about the iraqi shia militia? while they have participated in other campaigns, they have unnecessarily, having nothing to do with combat, killed innocent sunni civilians. >> that whole tribal faction and disagreement they have between the two camps. i want to move on to another topic right now that's just as important, perhaps to some maybe even a little bit more important, that's the conflict still raging on in syria, five years now. reports of chemical weapons being used, the reports that russia's war planes have been dropping more bombs, reports that some of those bombs are even cluster bombs or phosphorous bombs. when you look at the situation, and the fact that the humanitarian aid hasn't been able to get through because of the failed cease-fire that the united states and russia tried to broker? what's happening there? it's a mess, even secretary of state john kerry expressing his frustration with what's happening on the ground.

>> well, i think frankly we went into these negotiations, like the ones in the past that resulted in cease-fires, that the russians have continuously violated, just like they did in ukraine. and what makes these negotiations so intractable is that some of the opposition forces aren't even participating. so you know there's not going to be a complete cease-fire, and it never has been. i think we've been chasing fool's gold on the negotiating side. on the ground it is nothing less than horrific. what the russians have done with their military incursion, propped up the assad regime very successfully, because it was in a precarious position last year. but they have added all of their bombs and with the helicopters and also with the fighter aircraft, they have been dumping them on civilian populations just like the syrian military have been doing. they have contributed to the genocide that is taking place here. actually the russians hit a

31-vehicle food relief convoy. >> exactly. and general, you know it's a me m humanitarian nightmare, families are basically trying to hold on to each other because as stated in the reports, they don't want to die alone. that's a sad testament to what's going on in the country. do you find it appalling that the world community can't come together to end this crisis? >> that is the issue here, kelly. 500,000 people that have been killed, most of them noncombatants, women, older people, children. there's 11 million people displaced in a country of 22 million. that's staggering in and of itself. everybody is wringing their hands and saying this is a tough problem, but we don't have any solutions. >> thank you, general, hate to cut you off, always appreciate your comments. >> good talking to you. our first fox polls are out

since the super bowl of debates. how did the two fare? clinton posting gains on trump on several measures like honest and temperament. we'll break down the numbers for you, next. "or something"? you don't just graduate from medical school, "or something." and we don't just pull smoked chicken, bake fresh foccacia and hand-slice avocado. there's nothing "or something" about it. bounty is two times more absorbent. more "sit" per roll. so one roll of bounty can last longer than those bargain brands. so you get more "life" per roll. bounty. the long-lasting quicker picker upper. sprint? i'm hearing good things about the network. all the networks are great now. we're talking within a 1% difference in reliability of each other. and, sprint saves you 50% on most current national carrier rates. save money on your phone bill, invest it in your small business. wouldn't you love more customers? i would definitely love some new customers.

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hillary clinton getting a bounce in the polls after this week's debate, where donald trump's performance was widely criticized. our new fox news poll shows her now leading by three points in a four-way race. she's also picking up points on other measures as well. kristen fisher is live in other dc bureau with more on what voters are actually saying. >> reporter: hey, kelly. 61% of registered voters polled who watched the debate say they think clinton won. only 21% said trump won. many of trump's surrogates are

continuing to blame the mainstream media for trump's perceived loss. >> donald trump has never, never -- i don't care what he says, what he does. he would have the most magnanimous performance ever. but the mainstream press is never going to say, wow, donald trump mopped the floor. >> reporter: let's look at how their debate performance is translating into voter preference. in a head to head matchup, clinton is up 5 points. this same poll two weeks ago had trump ahead 1 point. pretty clear clinton is enjoying a bump in the polls. where you can really see the consequences of the debate is things like their honesty, trustworthiness, temperament ratings. 67% of voters polled now say clinton has the right temperament to be president, up 8 points, while 59% say trump does not have the right temperament to serve as commander in chief. when likely voters were asked how comfortable you are with trump as president, 47% said

they were not comfortable at all. only 18% said they were very comfortable. trump's honest rating is down, dropping 8 points since the debate. clinton's honesty rating, believe it or not, kelly, is higher than trumps. >> really? >> reporter: i said clinton's honesty rating according to this poll is a few points higher than trump, even after all her issues with e-mails and the clinton foundation. >> people will debate that for sure, thanks, kristen fisher. a deeper look into these fox polls. so trustworthiness a big problem for both candidates. for hillary, the question is can she be trusted with the truth no matter who you talk to, if you're not a hillary supporter, the truth is something a lot of people question when it comes to her due to her e-mails. but the question also is, for trump, can he be trusted as president? this is a fox poll that i want

to ask you about, with the exception of the economy and corruption in government, clinton beat trump on every category which includes foreign policy, immigration, and terrorism, and national security. any surprises there? >> well, i was surprised by how close that was. if you look at those numbers, you see a few points difference generally between the two of them on all the major issues. and i think i was expecting her to be leading a little more on those issues. i think the reason why they're closer than i expected them to be is there has not been a lot of discussion about what voters want to talk about. >> the economy. >> right. when we see these debates, i would like to hear about the issues, i don't want to hear about a former miss universe who does or does not have a sex tape. i want to hear about how do we defeat isis, what are we going to do about the economy. exactly how are you going to bring tens of thousands of jobs as both candidates promise. they're going to increase the job market.

let's talk about another poll which asks, does hillary clinton's use of a personal e-mail account and computer server at her home while she was secretary of state bother you or is it no big deal? an overwhelming majority, 60%, says it bothers them. when it comes to donald trump not releasing his tax returns, 52% say it's not a big deal. >> i think the temperament is exactly what this is about, and who is prepared to be president. when voters go to the polls, you kind of vote with your gut. that's what i think voters tell me when they go and vote. what they want to know about is whether their candidate is prepared and can do the job. trustworthiness is very important. if you were to choose one trait over the other, it's the temperament and preparedness and qualifications for the job. and so when they look at hillary clinton versus donald trump, she always -- she has been winning

on that. since we've ended the debate last week, her numbers have now gone up, because i think we can all agree and your report just confirmed, she in the eyes of many people won that debate, and trump didn't do himself any favors. >> here is a lack of trust that has nothing to do with the lack of candidates, but the voting system. a recent poll that came out shows half of trump backers don't trust the vote count. who can blame them fe? officials have confirmed that hackers, most likely russians, have targeted our voting systems in 20 states. the question is can our voting system be trusted? let's say whoever loses, in this case donald trump says he already believes the election system is rigged, so let's say he does not win this election. what happens then? >> well, that's an interesting point. there's three things there. first of all, what you said about the hackers, people are reading about this in the news every day. we're also hearing about people

registering who are no longer alive, there have been reports about that, voter fraud is on the minds of everybody. i think what trump has said and what clinton's primary opponent, bernie sanders, has talked about, the system being rigged, it's on the minds of voters. they feel like the whole system is weighted against them. the summer hacks of the dnc where you had democrats talking about a way to slant the election in favor of hillary clinton, people sense a lack of fairness here, whether right or wrong for this election. and the candidates have been putting forward that idea. i was not surprised at all to see those numbers. and in past elections, there have been things going wrong with electronic voting and real questions about the validity of votes. i think if you have a couple of very close states like ohio and florida, you bet there's going to be a real question about the validity of those votes. >> let's lay one thing to rest for those at home, the homeland security official is saying no matter what has happened in the hacking, it will not affect the outcome of the election, they

don't believe. so -- >> so i feel better. >> that's something you should take to heart. it doesn't feel good to know there was any hacking going on whatsoever, especially coming from russia. susan, thank you very much. kelly? the new changes to the influence vaccine health officials worried. as we head into that dreaded cold and influence season. dr. nina is up next. ♪ is depression more than sadness?

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because the time to think about tomorrow...is today. go long. welcome back. the cdc has suggested avoiding the nasal spray version of the annual influenflu vaccine in fa the old fashioned flu shot. those recommendations about the virus's vaccine have health officials worried fewer people will take that precaution. dr. nina ratcliff is here, an

anesthesiologist and private practice doctor, thanks for joining us. >> thank you, kelly. >> every year we hear about the flu, and people will say, oh, i'll just go get a nasal spray. but now the cdc is recommending don't do that. why? >> it's just not working. last year it was only 3% effective against the flu. this year the only version is the injectable version. this is a concern because which parent wants to have their child have pain? about a third of all children get the nasal spray. what might happen this year is parents may forego the flu shot. and we're saying don't do that. >> what about older americans, were they getting the spray as well or are they more prone to take the shot? >> generally the children get the nasal spray, and older people get the injectables. i want to point out, 20,000 children get hospitalized every year from the flu. the flu is the leading cause of hospitalizations and deaths

amongst vaccine-prevent illnesses. we never want to be that parent, that grandparent, or that caretaker who takes their child to the hospital but doesn't bring them home. >> so you're recommending get out there, get out there early, so that your child can be prone to -- or actually have that defense set up. >> absolutely. it takes two weeks for the immune system to respond to it. we are in flu season. october, it's started. it takes two weeks, so get out and get it done. if you have any questions, talk to your health care provider. the recommendations for anyone over the age of 6 months, in particular, children, pregnant women, and those with chronic illnesses and older adults. one of the issues is people, if for example you have diabetes, it can cause your blood sugars to go wacky, land you in the hospital. if you have heart disease, the

flu can cause you to have chest pain or even have a heart attack. people with asthma, emphysema, who are smokers, it can be a killer, can cause you serious complications and land you in the icu. this is a serious condition and we're not taking it as seriously as we think. we need to get a flu shot. >> i think a lot of people will take your advice, doctor's orders. >> will you, kelly? >> i will, i promise. >> good. do you have a constitutional right to snap a selfie in the voting booth? why taking pictures of your ballot is becoming a thorny legal issue. plus this. >> he's always been good with the fans, with kids. he's very nice and down to earth person. it was an awesome experience. >> one boy gets the ultimate excuse slip from school from none other than the boss himself. ugh. heartburn. sorry ma'am. no burning here.

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well, the selfie. yep, that has become synonymous with remembering big moments. wait this was a big moment right here. smile. anyway, selfies have obviously taken a wig part in our lives but they have place in the voting booths? a federal appeals court says it is okay to snap a selfie with your ballot stroo, striking down a new hampshire law that's actually banning it. >> reporter: selfies in the voting booth are at the center of a federal case. new hampshire is appealing a judicial court ruling that struck down that selfie ballot ban. >> very important for the preservation of liberty. >> reporter: william gardener says selfies violate a principle dating back to the founding fathers. protecting the privacy of the

ballot box. in the 1970s, the secret ballot was meant to stop vote buying and intimidation. and gardner says it should stay that way. >> part of what people fight and die for. the right to have app fr free a independent vote. and not to be fearful of being able to vote that way. >> this to me is an idiotic law. >> reporter: he put his ballot on twitter and facebook. he's one of the plaintiffs who sued the state. >> there is no evidence that because somebody takes a picture of their ballot and posts it online that that is going to increase vote buying and selling. >> he also says the ban violates the first amendment. >> all the cases were a matter of free speech. one guy protesting that he

didn't think he had a decent choice in senatorial candidates so he put his dog's name in who had passed a away. >> but gardner insists it intrudes on the sanctity of the voting booth. >> it is a special place. and a special place to be able to vote your conscience and not how someone else wants you to vote. there are no many things in life that people are equal. but the vote, it is equal. >> a decision onnen new hampshire's appeal of the selfie ban is expected in a few months after the election. in new york i'm eric shaw. fox news. >> all right good to know. you can take a selfie in a voting booth in new hampshire. kelly what gods's name are you doing in the background there. >> i'm photo bombing you. >> photo bombing? >> yeah. photo bombing you.

my daughter's in the studio. all right. go ahead. >> there aren't many reasons for a kid to skip school. but this young man has one and proof to boot. he played hooky for a day to go to a book signing with none other than bruce springsteen. and when it was there turn, the boy had this typed noth happily explaining his answer and the boss happily signed it. the principle got a mere photo copy though. good for him. got to love the boss. >> that is going to do it for us and a new hour of america's election head quarters is coming up next. what if one piece of kale could protect you from diabetes? (crunch) what if one sit-up could prevent heart disease? one. wishful thinking, right? but there is one step you can take to help prevent another serious disease, pneumococcal pneumonia. if you are 50 or older, one dose

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new polls showing hillary clinton picking up a boost from monday night's debate. as both candidates head into the final stretch of the campaign season. hello everyone. welcome to a brand new hour inside america's news headquarters. >> and hello everyone. donald trump's campaign pushing him to try and stick to his message. we have team fox news coverage