>> many to chris wallace. i know it is not election day today, chris wallace. it is tomorrow. have you voted, sir? >> yes, i have. have you? sandra: i have. good to have the discussion. we're staying here for "outnumbered overtime" on the web and facebook.com, and we're on tomorrow at noon eastern. "happening now" starts right now.

it is all "happening now". and we begin our second hour of fox news alert from battleground michigan with president obama and governor mike pence hitting the great lake's state. i am john scott. >> it is it a busy day.

and latest real clear politics shows clinton ahead five points. but the trump thinks they can turn the traditionally blue state red. president obama it doesn't get big are than that. you are seeing him speaking right now. governor pence kicking off a rally in trevor city. >> we have all kinds of folks going up to michigan. it is tight it. i think we have a slight lead in michigan. but again, it is very tight. and we feel good about where we are out and momentum is with us. >> as for the top of the tickets, they are on the blitz of the battleground state. hillary clinton in pittsburg and donald trump in sarasota, florida. that is a must- win state for the trump campaign. we have live team coverage. mike emanual is following the

rally in pittsburg. and the battle in michigan becomes an all out war. matthew? >> good afternoon, jon. there is a large crowd in the university of michigan campus. and chelsea clinton introduced him saying she is proud of her mother and there is a world of difference between hillary clinton and donald trump. and now the president is here to convince the voters that hillary clinton is a good and fair person and not the corrupt liar that many of her opponents painted her out to be. he said hillary clinton is mot most qualified person to run for office. he touted his improvement in graduation rate and the affordable health care act. the president told the crowd that all of the progress goes to waste if they don't vote for hillary clinton tomorrow.

>> there is only one candidate who devoted her life to better america and that is the next president of the united states. hillary clinton. but michigan, all that progress goes down the drain if we don't win tomorrow. >> reporter: the president is wrapping up his remarks in the university of michigan. y he bashed donald trump and said he can't be trusted with the nuclear codes and the president said he had to byte his ton as he made negative remarks. all of this is to push and win over millennial voters. michigan is a hotly contested race, typically a solid blue

state and michigan has not elected a republican president. but donald trump is forcing the president to come and campaign here in the final hours. hillary clinton and donald trump have their own campaigns on the western side of the state and they will talk to a dense population of white working class voters. donald trump will try to energize in the final hours before election day tomorrow. back to it you in new york. >> matt, thank you. >> staying with the democrats, hillary clinton making an appeal to pennsylvania voters after fbi director comey cleared her. and the final push in pennsylvania. we'll see mike emmanuel is there covering the clinton campaign. >> reporter: on election eve, it sounds like hillary clinton can see the finish line of what

is a a long and bruising 2016 campaign. and it is on the election oaf here in the university of pittsburg and wrapped up just a few minutes ago. the crowd was 2500. and she is campaigning in michigan and then a late night event in north carolina. she's asking supporters for the vote and a chance to make history today. and america's best days are still aed head of us and looking ahead to the election. >> i am here to ask you for to vote for yourselves and your family and your futures. and the issues that matter to you. because they are on the ballot, not just my name and my opponent's name. >> reporter: earlier before flying to pittsburg sounding

like healing and then leading the country. >> absolutely. absolutely. i love this country and i believe be in our people and we have a big agenda and i am excited and i think we will get a lot done and i think we will bring the country together. >> from here on to michigan where the clinton team and allies deployeded a lot of resources. the democrats want to make sure traditionally states that are are democratic in the blue colume say in hillary clinton. >> we have brand new poll and giving us a final snapshot. washington post abc news has secretary clinton with a four- point. 47- 43. and bloomberg point gives her a narrower lead 44- 41. and there is a margin of error.

and fox poll shows secretary of state up four points. and all of them within the margin of error and that's what we want to talk about. aaron blake is a reporter for the washington poechlt and kristin as well. >> and kristin, i talked to two nonpartisan pollsters and one thing they said to me, they believe that trump supporters are under represented in the polls. it is consistent polling, but what is your perspective. >> unlikely but possible. it is social desirability bias. when someone doesn't want to confess something that is socially undesirable. but interestingly pugh did a study who are you voting for. are you afraid to confess who you are voting for? clinton supporters were likely

to feel ashamed of who they are voting for. and so there is a chance the bias goes both ways. the trump campaign. they are hoping that less than silent. but the model pollsters are using to who is likely to vote is are off. and folks are unlikely to vote that trump activated. >> aaron, i am curious about that. maybe be a person who hasn't participated in a lot of elections and may not be included in the numbers that we are seeing; what do you think? >> it is possible. this comes up in every election. 2008, president obama was on the ballot and the bradley affect will not say they will vote for him. in this case, i think the idea

of telling a pollster you are voting for somebody is low risk. you are not putting it out there with your name next to it. i think in this case tis less of a significant factor and there is a lot of data going back and show that the impact is less than people think it will be. >> one pollster said they saw a change with women. if women were asked if they supported donald trump, they would be hesitant. but felt comfortable with a male po pollster. and one wonders when we see the polls, hillary clinton is ahead head. and what does that margin of error are tell you? >> that's whatnd in any poll. and inherent in the way things work and probability work. and so there is just noise that is baked in to a poll even one conducted perfectly.

there is a chance it is off three point and that it is off in the other direction and what we are looking at a hillary clinton land slide and bigger than a throw or four point margin. what i think is most interesting is the early vote number and if if they are matching up with places like nevada. high latino turn out and it is possibly they will be more for clinton. and on the other hand questions of african-american turn out in north carolina may make that state more for trump. >> hispanics are often underrepresented in the state of nevada in the polling. aaron, there is a lot to watch with. but one in particular that you are watching tomorrow night? >> the pig one, nevada. and hispanic turn out is in

florida which has been a swing state, basically every day of the campaign and never looked like it favored either canditate and it is a threshold state that donald trump needs to win in order to win the presidency and from there, you need to look at three states. ohio, another must win and pennsylvania and north carolina. i think trump needs to win three of those four states. and if he wins all four he will have a better chance. he is underperforming in like virginia and colorado and so, his path to the presidency is narrow right now. we know what it is. and if you watch those four states, we'll get a early in the night whether he will have a chance in the race. >> i am from florida and i confess my biesz. and i watch it as well. the latino population can sway this. and it may be lower numbers that

may be why the trump play is looking for michigan. and now may be a safety valve play for them. >> and we know fox news is america's headquarters. and indepth analysis as america chooses our next president all day and night right here on the fox news channel. a fox news alert. our guess larry sabato is out for the final crystal ball. they believe 322 electoral votes for hillary clinton and florida, and north carolina and new hampshire to clinton upon and utah and arizona and iowa to it donald trump. and the final model has the senate tied at 50 each with the

vice-president breaking the toy. and forecast democrats picking up 13 house seatses and the republicans keeping control of the lower chamber. and we'll see how accurate they are. >> the fbi director giving hillary clinton the all clear saying she will not face charges over how she handled classified information. our next guest said the announcement is too little too late. who do you think will win the we'll go to foxnews.com/happeningnow to join the conversation. [ rumbling ] the search for relief often leads here.s, introducing drug-free aleve direct therapy. a high intensity tens device that uses technology once only in doctors' offices.

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mr. comey wrote, baseded on our review we did not change our conclusions that we had in july. the damage might be done with early voters and comes to the races down ballot. we'll talk about it with brad blakeman. former assist to president bush and juan williams analyst. and democrats are crying foul and said he is not open the investigation. what he may have did may have energized the voter and supported her. is it a wash? >> i don't know about a wash. there are two point and you hit them both. after comey's announcement, i guess 11 days ago, we saw a tighten nothing the polls. it was not the case that it was

a correlation. i think in the end of the races they get tighter and a lot of republicans consolidating behind donald trump. and paul ryan. i vote for him. and yes, he said no charges will be filed. but clinton backers came out in big numbers in terms of volunteerism and financial contributions. and so it may have energized her base and what happened yesterday. give jim comey, the fbi the benefit of the doubt and trying to get it done. but damage the fbi's reputation above the political fray. >> brad, gives us your assessment with the fbi in october and november. >> the fbi didn't have a choice to make their announcement to

congress. that's what they promised to do and what they d. it is remarkable be now an announcement came out less than 20 days ago, stating they reopened the operation in to looking in to hillary clinton's e-mail and 650,000 in question. and yet what took them over a year for 50,000, took them a few days for 650,000. i agree with juan. the politicalization of the fbi is an issue in the campaign. but chlorring hillary clinton for the second time will not hurt her, but not help her. by the time news is made and people take in the full account. if you like hillary clinton, you still like her obviously. and if you didn't, i don't think it makes a difference. i think the early voting was a cloud over hillary's hell and tell the tale as to whether or not it has to affect.

and i think people will be motivated by hillary clinton regardless. if you like hillary, you will vote for her. >> juan, for all of the outrage and how it handled the investigation. i come back time and time again, if she hadn't used the home brew server it would have been no issue and investigation. >> so true. that is not in dispute. that was her mistake. and she apologized and it is a mistake and why you have the cloud of question. is she honest or trustworthy? that's hurt her in the whole campaign. >> and so what do republicans do now, brad? do you go to the polls, hoping that donald trump can you know, prevail despite the issue being on the back burner at this point? >> i think it is now getting the vote and ground game and that is at the local level.

the politics of campaigning stops tomorrow and the heavy duty logistics of getting people motivated and the polls begins. >> one more day. >> we'll have to say goodbye. back in a moment. oh hey allison. i'm val, the orange money retirement squirrel from voya. val from voya? yeah, val from voya. quick question, what are voya retirement squirrels doing in my house? we're putting away acorns. you know, to show the importance of saving for the future. so you're sort of like a spokes person? no, i'm more like a metaphor. okay, a spokes-metaphor. no, i'm... you're a spokes-metaphor. yeah. ok. see how voya can help you get organized at voya.com.

>> there is a lot of talk this election season about the season. and some write in celebrity or their own name. that could invalidate your vote for president. what are the rules? and what happens if someone on the ballot died? this happened. warren judge was running for a north carolina seat when he

unexpected passed away. if he wins the democratic party will fill the seat. and they have an election law professor and he's the person to talk to. jerry? this case in north carolina. they can't take their name off of the ballot. >> that's right. it is too late. >> you could legally vote for someone that is dead? >> that's right. >> that dead person can win. and if they win, if it is a democrat, the party leader ares or republican party leaders pick a substitute. >> is there any scenarios where it is similar to that. someone on the ballot and something happens and they don't assume the seat? >> it is a whacky system here in

the united states. we don't vote for the candidate. we vote for electors pledged to hillary clinton or donald trump and they choose the president in the middle of december. that is our real election day. and every state has the own electoral votes. >> and someone wanted to vote for willie nelson. he's not running for president. and if you vote for willie nelson, your vote will not count. >> first of all, every state is tfrnt. every state is different. and some prohibit you from

writing in anybody. and the supreme court said that is fine. some states if you write for president. it only counts if that person registered. so governor kasich in ohio did not vote for trump. he voted for john kaine. but john kaine is running for the united states senate in arizona. he didn't register for candidate for president in ohio. so governor kasich wrote it in and wasted his vote. it meant nothing. in some states you can't write in it a candidate's name. >> how many are are running right now. 1700 and changed candidates that registered and that doesn't mean they are all on the ballot. ee people's names you ooth and

never heard of. we don't have 1700 people running all over the united states. >> and each state has different perimeters of how they get on the ballot. >> usually you have to submit petition signatureses or filing fee or republican or democrat you are automatically on the ballot. eric did a great work. and is there anything else that people should know about what not to do to ensure their vote counts. if it says fill in the box, fill had in the box. pull the lever, do it right. and look at instructions and make sure before you submit the ballot that it says what you you want it to say.

there is some states that you could say i made a mistake and i need a new ballot. but that's it. that's right. and if you remember 16 years ago in 2000. they thought they were voting for al gore and voting for bucan an instead. >> take your time and see who you are going to vote for and follow the instructions it is great to look at the law. thank you. >> no more hanging chads and more level developments including kefrts to get the supreme court involved. the and group making a last ditch appeal to the court in the land when the legal panel weighs in. one state that could help

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>> hillary clinton showing an early voting in nevada. republicans hope that the surge will give the state to donald trump. >> reporter: here in nevada, the democratic machine versus momentum and looking at results of early voting that ended on friday, the clinton ground game

has the upper head. and donald trump surged to a two- point lead. too thousand more are registered voted earlier than republican and the latino vote is up 30 percent from 2012. clinton operatives are are mouring in nevada to get-out-the-vote and surrogates from the candidates here on sunday. >> in these difficult times, we need a president who's going to bring us together, not divide us up. >> get up and get on the telephone upon and go to the doors and get every vote out. we can win nevada. >> reporter: in the meantime there is a senate race going on. democratic catherine cortes is trying to keep it in the blue column. she is grand daughter of a mexican immigrant and heck is

backed by the kokh brothers. outside groups have spent 85 million, a massive amount in a small population state. and late polls show joe heck has throw- point lead and again, cortez masto is benefitted by the early voting trend that is helping hillary clinton and our decision desk put nevada from leaning democrat baseded on the early voting results. >> fascinating. thank you, dan. >> the things that keep most of the moms up at night are who is going to change america and make it safer and create job and make education better and make lives better for my kids and that answer is simple. it is donald trump. hillary clinton has been part of

the process. donald trump will do more for working moms and families in the first 30 days than the last 30 years. >> i asked her about donald trump's effort to overcome the weakness in the polls with women voters. and fox we'll hear from the other side. this is a former white house special counsel who supports hillary clinton. great to see you on fox news. >> i was asking about the key voter in the specific state of north carolina. but in other battle grouped states. professional white woman live negligent suburb and educated and seen the polls more in favor of hillary clinton. that's the trump's team response saying they have made inroads and what do you think? >> the data is showing that women are favoring hillary clinton not only because she is a woman.

in fact, that is less important than that she is more qualified to be president and that she's more trustworthy with her finger on the nuclear button. and donald trump, i don't want to be partisan today, i certainly respect someone who prefers donald trump is simply no record of public service and no record of working with others that differ ares with him. hillary clinton's record with friends in the senate who are republicans, that will be a more bipartisan president once the dust settles. >> why should people believe that? that's what hillary clinton wrote in usa today. it was a divisive campaign with attacks from both sides. why should voters believe she would be able to govern and reach across the aisle? >> i never ask people as much as i believe in myself to believe

me. look at the facts and make your own decision biassed on facts that you can verify and not on the internet. this is a fact to verify. when she was a u.s. senator, lindsay graham of south carolina sang her praises for bipartisan work on the armed services committee where they produced legislation to provide health care for people in the armed services. and senator john mccain, a conservative senator from arizona said she was the favorite democratic senator of republican senators, you could wo work with her and that is her record that she can point to that is factual and not asking to believe her promise. with donald trump, with no record, if i would say a record in the nasty words of used by women even when he was on tape.

they were nasty words. he has a problem and persuading people he can work with democrats. >> you talk about being partisan. and we had ca pri farrow in the first hour of "happening now". and she expressed concern and turn out of african-american in north carolina. i want to play this for you now. >> north carolina, the big issue there, you know potentially depressed african-american turn out. and there are efforts on behalf of the state legislature to curtail early voting and reduce the early voting polling locations. and that may have a detrimental impact for the democrats in the united states presidential and senatorial. north carolina is the most

volatile and froerd of 2016. >> and some say no, no. voter turn out is fine. and hillary clinton cog a midnight rally in raliegh north carolina. what is the real situation when it comes to that particular voting block? >> there is no doubt the republican legislature in north carolina, targeted in a very specific laser bomb way african-american precinct and changing locations and trying to suppress the vote. and that is a concern, but the numbers don't reflect that. prevoting, they are at a percentage level of the first african president of president

obama. >> you don't think it is the candidate. but republicans that prevented voting blockment >> it is not entirely the republicans. that is a fact that the court of a peoples. she is a white woman and the first african-american president would get a bigger turn out. but obama is campaigning and revving up the members of the latino and african-american community. and obama has an approval rating that highest. >> and yet, it was interesting for our viewers, still in the state of north carolina, he won under a percentage point. and mitt romney won just a two percentage points. and so it is a swing state and that's why we are looking at it in particular today. and wee look forward to having

you back. >> hours enemy the polls open. and there are are a host of level developments involving voting with with the supreme court. and the impact and other lawsuits with the legal panel. canned che

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>> a flurries of legal activity in closely watched state and start in ohio, where democrats in the battleground state want the supreme court to intervene in the voter intimidation lawsuit involving the trump campaign. it comes as the highest court rule in arizona.

and the supreme court just reinstated a law there that make its a felony for a third party to collect early ballots and in north carolina, the federal judge ordered three counties to it restore thousands cancelled too close to election day. with us heather hanson. you got the black memo. we are not going red or blue. we'll keep it simple. >> north carolina that surprises me. what the state was trying to do is purge the roles of people who may have moved or may be dead. and the judge said to put them back on the roles even if they are dead. >> they don't like to mess when it is too close to the end. it says the courts don't want to step in.

they may step in after the collecti election. and that's what the supreme court acts in ohio. >> but dead people voting. does the court want to sanction that? >> in this case, it will allow for voter fraud. you don't need a picture id to vote in north carolina. and dead people back on the roles, you can vote for yourself and come back and vote as your dead aunt bessey. they are not checking id's. it is a bad, bad ruling. >> there are some people their voting rights were taken away and they were alive, and so the court doesn't want to do it at this stage of the game. >> we fly through this. ohio. democrats are pursuing and suggesting that they want to stop voter intimidation bite

trump campaign and there is not any. >> it is a confounding lawsuit. the democracy are saying we don't want the trump camp pain to trump campaign to commit voter intimidation, but there has not been any. >> there are already federal and state laws that prohibit voter intimidation. there has been some things said over the summer, the rule is if you're in the supreme court, don't talk about the election. >> we have at least one more state to touch on with our legal panel, what are they doing in arizona? we'll talk about that when we come back. here... or here. today, there's a new option. introducing drug-free aleve direct therapy.

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hello, everyone. we're doing a deep dive on the fox score card. if you're a total election naerd, which ten counties could determine this election? we have the fox news team to break it down. trump hitting five states today, five yesterday, busy folks out there. and do you think they have a shot to flip it? we'll talk about that and over 43 million people have already voted. what information can we glean from those numbers. we'll have more coming up. one more day, folks, america's election headquarters coming up. ever heard of ballot harvesting? it is against the law in arizona and a couple dozen other states,

but there was a challenge to that law. we're back with a former prosecutor and criminal defense attorney. ballot harvesting, it sounds creepy, right? they is that someone comes to the election commission and says here i have 75 ballots from the old folks home, and i want you to process them. >> it is against the law. the potential to commit any kind of voter fraud is so great. imagine you go to the old folks home, they all end up in your trunk instead of with the electoral officials. this is a really good law. unless it is a family member or a care giver, you must get it in yourself. >> and there was opponents of this law that took it to the supreme court. they tried to get this thing thrown out and it seems to make complete sense.

>> and there is an attempt to say they can get their on their own, they don't have care givers, like native american reservations. i think this is a stretch to try to get it overturned and they're keeping it status quo once again. >> thank you, both. we'll be back in just a moment.

hillary clinton: i'm hillary clinton and i approve this message. vo: in times of crisis america depends on steady leadership. donald trump: "knock the crap out of them, would you? seriously..."vo: clear thinking... donald trump: "i know more about isis than the generals do, believe me." vo: and calm judgment. donald trump: "and you can tell them to go fu_k themselves." vo: because all it takes is one wrong move. donald trump audio only: "i would bomb the sh_t out of them." vo: just one.

do you have your backpacked? >> i do, it's crazy. we'll be on the road tonight. >> we'll be all across america. >> you'll be in -- >> i'll be in north carolina. and you'll be in a battleground state as well. >> ohio, no one has ever won the

presidency without winning ohio. >> i will ask them. get him something. we still have a little bit of time to celebrate. we'll have to figure that out. >> thank you for celebrating with me and thank you for joining us. we'll see you tomorrow, america's election head quarters starts now. fox news alert. this is it, we're just about there, everybody, i'm martha mckm mccallam. donald trump is crisscrossing the country. he informs five states yesterday, five states today. hillary clinton taking no breaking either. she stopped in michigan, pennsylvania, and north carolina. here to give their final thoughts and attempt to make sense of it all, the digital politics editor and host