to join us on "the five" tonight for the entire hour, so i'm really looking forward to that. so thank you for joining us on "the daily briefing." >> shepard: i'm shepard smith in new york this is "shepard smith reporting" president trump is holding a campaign rally in cleveland as he makes his final pitch to voters less than 24 hours, americans will head to the polls and choose candidates in dozens of states and house races. democrats are trying to end the gop's monopoly in d.c. president trump has been on a campaign blitz across the nation. today he's holding rallies in three different states. next he's headed to indiana and missouri. republicans trying to flip senate seats in both states. democrats also bringing out big names. president obama stomping in

virginia today. some house races in that battleground could give early indication how tomorrow night will end up. if democrats do take control of the house and the senate, they could derail president trump's agenda on capitol hill. they'd also have the power to investigate the president. more on that little later. republican sweep would cement their stronghold. we'll get live updates and some of the key races that could really decide it all. first to the chief white house correspondent john roberts who is live. >> good afternoon. when you look at the president's travels over the last few days, particularly today, it looks like the closing hours of the 2016 campaign. the president in cleveland, ohio. that is likely the city where the governor's race between former senator mike dewine and richard cordray will play how. all of ohio is important but

cleveland in particular is very important. cordray now leads by five points in the real clear politics average. the rest of the day will be spent trying to win senate seats in indiana. the recent polls have been swinging donnelly's. the president finishes up in missouri where democratic senator claire mccaskill and republican josh hawley are neck and neck. president will not be back home until midnight tonight. the president pretty confident about retaining control of the senate. he thinks might be able to maintain the 51-49 margin. maybe increase that by a couple of seats. there's been a democratic surge in some states including indiana in the last couple of days. just by how much they might increase their margin is in question. no doubt about that. the house is a completely different story, though. it's going to be a democratic

blowout, could they win 20 or 30 more seats. or might republicans hold on to a slight lead. the president not ready to concede that just yet. listen to what he said as he was departing andrew's air force base. >> you're covering me. the energy that we have, the energy that this whole party has now, it's really incredible. whether it's the great economy or the immigration or strong stand and weak stand where they have open borders which to me means nothing but crime. >> the president was asked if wall was in jeopardy if democrats win the house. the president said i don't know. we'll see. he believes there maybe some people who still want to work with him. what we're hearing is accurate if republicans take the house, it will likely be investigation after investigation. all the way through 2020.

>> shepard: yet republicans are talking to the president, trying to push him to talk about this fanatic economy. >> they believe that is the strongest thing. republican party got going for it. the jobs numbers were great on friday. unemployment is low, there was real wage growth. the president believes bad news motivates the base more than good news does. which is why he continues to hammer on immigration and the caravan. >> our economy is doing great. i can only go for four or five minutes. then the crowd said we love you. they starred dwindling off. what i do is talk about some of the problems that we have. we have a problem at the border. we have a problem with illegal immigration and the problem is, that the democrats will not allow us to change the dumbest laws in the history of the world on immigration. >> now, lot of republicans even some democrats do agree with him.

senator joe donnelly and claire mccaskill were once saying, we were we got to do something about this. there are lot of republicans in close races in suburban rares where immigration doesn't play out so well. they think the president has gone too far in talking about birthright citizenship and asylum with immigration. >> shepard: he's talking about the economy right now. let's listen. >> i didn't know we could do it this quickly. it's gone very quickly. if i would have said that out of the campaign trail, i would have been greeted with the worst headlines. they would have said, how dare he make those statements. what we've done in less than two years, no president or administration, in his first two years, has done anywhere near what this administration has done. they know it. everything we have created and achieved is at stake on election

day. it is. if the radical democrats take power, they will take a recking ball to our economy and to our future. a recking ball. when you enter the voting booth on tuesday, you will be making a simple choice, a vote for republican is a vote to continue our extraordinary prosperity. our extraordinary journey together. it's a journey that we made together. not me, all of us, together. a vote for democrat is a vote to bring this economic boom crashing to a sudden halt. the democrats agenda is a social u.s. de -- socialist nightmare. the republican agenda is the american dream. we're bringing back the american

dream. in the last month alone, we added 250,000 jobs. these are beautiful brand new jobs in the month of october. we brought back nearly half a million people. we brought them into the workforce. they are so happy. the up employment rate is the lowest level in 50 years. saw it on friday. you saw the numbers. those numbers were announced. >> shepard: 3.7% and holding. this is what republicans have been pushing the president to talk about. >> this was an explicit request from house speaker paul ryan to the president over the weekend politico is reporting, please go back to talking about the economy. sources in campaigns have told me in the last few days, they

believe they've lost up to 2 percentage points in the arizona and nevada senate races and also in swing districts on the house side. this caravan, asylum restrictions birthright citizenship ban talk has absolutely changed the subject into an area that motivates the other side and depresses republican votes and member who are holding on are very concerned about the campaign going into the final hours. >> shepard: early voting has been high in some areas historically high for midterm. which traditionally, according to the democrats, favors them. what we don't know is whether some of this is cannibalizing the day of voting. >> i know. it's an interesting thing. americans who have early voted decide usually they like it. it's on the rise anyway. who wants to wait in a long line in the rain and when you're racing home from work if you can

get it out the way. it's really hard to look at those increases to know exactly where it's taking us. obviously, democrats are hardened that they are seeing more women in that early vote or more young people in those early votes in states where they need a summer of -- surge of voters. if terms of which party will benefit, to add to the barren ms we won't know until wednesday morning. >> shepard: say virginia, 7:00 or 8:00 tomorrow night >> i'm going looking at virginia 10 and virginia 7. i will be looking at whether or not people can hold on and what kind of turnouts democrats are seeing. if they are seeing a lot of energy, it means it's going to be a tough night for republicans. if not, if those african-americans and latinos and young voters do not turn

out, it's strong enough numbers, just like in 2010 and 2014 for president obama, it's very likely that the republicans can pick up a few seats on the senate side. it's really going to be a different model for the democrats to vote at presidential levels in midterm year. >> shepard: anybody who tells i today they know what will happen tomorrow. no. don't believe it. we learned that the hard way. thanks so much. ahead look at some of the hottest show downs in the nation. the really big ones. we'll take you to florida where the outgoing governor, rick scott is facing against long time democratic senator bill nelson. could be a must win for the democrats to take the senate. we'll go to arizona where democrat cinema is facing mark mccallvy to -- mcsally to

replace retiring senator jeff flake. he'll hop across the river in the state of new jersey for. democratic senator bob menendez is fighting to hang on. lots of big races to watch. we're at the important spots across the nation. it's all coming up from the fox news desk on this election eve. liberty mutual accident forgiveness

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♪ liberty. liberty. liberty. liberty. ♪ >> shepard: with only rises in majority in the u.s. senate, handful tight races could decide whether republicans lose control. here are the toss up senate races. arizona, florida, indiana, missouri and nevada. should democrats manage to hold on to all of their senate seats, they would need to flip two more to take control. let's start in florida where both the senate and governor's races are in the national spotlight today. peter duecy live in miami. >> governor scott is running on an eight-year record in tallahassee. but senator nelson thinks there's more to meet the eye. especially when it comes to storm relief particularly how puerto ricans were treated after

relocating here. >> you all are here because you know what's at stake. you know also, that our friends, how they've been treated on the island, our fellow american citizens, they have not been treated like other states were treated in the aftermath of a hurricane. >> scott, big issue in the race is the economy. he's talking about his record as an emergency manager. waiving requirements for puerto rican children to start schools and he's criticizing nelson for bringing this up now. >> he's nervous career politician. he knows he's going to lose. he doesn't deserve to win. he's not done his job for 42 years. he's going to throw everything up against the wall. the choice is real simple. i work, he doesn't. >> people waited in line for hours all across the state to

vote early. five million people voted early. the democrats do have a sliver of a lead. >> shepard: the governor's has been way too close. >> talking to republican in the state, there's widespread nominee that republican ron desantis is the only nominee. he had president trump endorsement when he was in the second place. president trump is jumping back in trying to help desantis. he said this about the democrat in the race, andrew gillum. gillum is poking back at the president on twitter. writing this. look like finally decided to at me. you and ron desantis won't have the final word.

the people florida of will. gillum is the headliner of this ticket. he is the one who is bringing the biggest crowds out to different events and it's interesting, nelson who has been a senator for 18 years, will show up and say something like, i know i'm not the one you here to see. >> shepard: democrats trying to flip the senate seat in arizona where republican jeff flake is retiring. >> this is going to be a battle to the end. the gop has been in control of this seat since 1996. the pressure is really on republican congresswoman martha mcsally to not have a arizona to be a place where the senate balance changes. democrats have criticized her alignment with the president. voted to repeal the affordable

care act which her opponent has pounced on. kyrsten sinema had to fight off her own critics who say that her left leaning activist past said much more about her. two more centrist way of voting which she does in agreement with president trump. according to the secretary of state's office a majority of ballots are cast by mail. the ground became is about holdout and turnouts. according to what office, more than 1.5 million ballots have been returned. the break down looks like this, the republicans lead the way with 41% of the ballots. democrats 34% and independents 24%. democrats insist those independents will be helping them. nothing really officialously until election day. what we do know is that arizona turnout is trending to surpass 2014 when they had just little more than 48% of the voters

participate. what's even bigger deal, it's looking to surpass 2016 when they had 74% of registered voters head to the polls or turn in their ballots. we have a mid-term race looking to surpass a presidential race. >> shepard: thank you. deep blue new jersey, voters haven't sent a republican to the u.s. senate in nearly half a century. but the democratic candidate, bob menendez is fighting off lingering accusations of corruptions over the political bribery case. the commercials that have been running in the tri-state has been brutal. in that case, the jury couldn't reach a verdict. the feds dropped the charges. but the republican challenger, bob hue begin -- hugin used his personal wealth to run campaign ads. now it's a tighter race than expected. the potential make or break for democrats who want to flip that senate seat.

our david lee miller is live in new jersey from the big city. >> this is a race involving two candidates both union city, new jersey who are each named bob. democrat bob menendez is running at the anti-trump candidate. his corruption trial last year ended with a hung jury and charged dropped. a senate ethics committee admonished menendez for taking gifts. bob hugin hade seiz a different kind of republican. hugin defended political ads that he said unjustly linked him to prostitutes. the latest polling shows menendez has 15 point lead. some analyst said this race should be broader. back to you.

>> shepard: union city, new jersey. next, the house races. where the democratics are trying -- democrats are trying to play 23 pick up. we'll take you to those contests coming up. [ phone rings ] what?!

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they take back the house. if battle comes down to california, we may have to wait a while to find out which way the country will go. that's because the state keeps collecting ballots for up to a week after election day. chief correspondent jonathan hunt is live in california. that's about 30 miles south of downtown l.a. why do they do that? >> there's a whole bunch of rules which means that ballots can be counted late here. i'll get to that in a moment. i want to tell you first of all about the five key races that we are looking at here in california. they are all currently republican held. all more conservative parts of the state. interestingly all five districts voted for hillary clinton over president trump in 2016. that's why democrats think they might be able to flip all five

among the republican incumbent, most of risk is congressman dana who is looking for his 16th term. he's up against democrat holly ruder who was a republican until just two years ago. he now calls rohrabacher an extremist. that's in california's central valley. that's interesting because it's agriculture district a. a heavy immigrant latino population. that demographic has not turned now the great numbers in previous elections. that's why it's currently republican held, democrats hope that will change tomorrow. >> shepard: on the waiting for the results, why does it go down that way? >> as i said, there's a bunch of rules and regulations but the biggest single factor is mail-in

ballots. california love them as many as half or even more total votes could be mailed in ballot this time around. they only need to be postmarked by election day. you add on two or three days for them to arrive, two or three days for counting in a close election. that's what happen in congressman's darrell issa's district back in 2016. we did not get the result then until the monday after thanksgiving. we could be waiting for a while if any of these toss up turn out to be tight races. i should also mention there's a governor's race here, former mayor of san francisco, democrat gavin newsom heavily favored to win over republican businessman john cox. newsom promised he will continue the war against the trump

administration on immigration and the environment. >> shepard: jonathan hunt live in seal beach, california. the analysts are predicting that the democrats have a decent chance of taking back the house. if they do, they'll have power to investigate and issue subpoenas. nancy pelosi already said, one of the first things that the democrats would do is demand to see the president's tax returns. house republicans made a spreadsheet of possible investigations. it include the former fbi director james comey's firing and cabinet secretary suspendings and president's dealings with russia. where do you suspect they will begin the democrats? >> we said they will begin with the president personally. they will begin with then judge justice kavanaugh to determine whether he lied under oath at

his confirmation hearings. and with respect to president to determine why james comey was fired. the most powerful they have is the subpoena power. which democrats have not had since donald trump was president. can they subpoena his tax returns? yes, they can. will they get them, yes they will. they can draw up conclusions. they can ask michael cohen question about them. one of the questions about democrats are investigating what kind of wealth or he and his family receiving as a result of foreign diplomats staying at hotels that the trump organization manages in new york and washington d.c. they will get trump organizations the corporation tax returns. >> shepard: these are kinds of things that prior to this

administration, were republic. >> the tax returns, yes. >> shepard: what sort of money is going in and going out. all all of that from past democrat and republican presidencies. >> president trump has chosen to keep those secrets closely guarded. the reason this thing about the hotel is because of a clause in the constitution that no president has been seriously accused of violating for 150 years. that's the emolument clause. our foreign heads of state putting their diplomatic teams in the hotels the president manages in order to increase his personal wealth. how will they find that out? income tax returns. >> shepard: reportedly there have been 87 communications between members of team trump and russians. that will be up for grabs.

>> i would think it would. paul manafort who does not have a fifth amendment right any longer, he pleaded guilty, will be their star witness as will rick gates and the president's former lawyer michael cohen and roger stone. >> shepard: with democrat-held congress or house, they'll be doing same sorts of things that robert mueller has been doing. >> they will be conducting sort of shadow investigations by which is meant a parallel investigation but one that's open to the public. mueller has to remain secret until he indict or exonerates. the democrats can choose to release whatever they want. >> shepard: we'll know soon enough. if not tomorrow night or the next day. thank you. president trump said republicans will protect people with preexisting conditions. why is his justice department

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your asthma medicine without talking to your doctor. help heal your skin from within. ask your eczema specialist about dupixent. >> shepard: democrats using healthcare as their big sales pitch for the middle terms calling the gop agenda monstrous. president trump has insisted republican will do a better job protecting people with preexisting conditions. his own justice department is suing to scrap protections for preexisting under the affordable care act. some reporters grilled president trump about that stance. >> you say on the trail all the time, you support preexisting conditions. big issue. did jeff sessions give you a heads up before the justice department? >> no he didn't. >> it's an amazing lawsuit. you seen this thing right? >> i didn't. it wouldn't matter because

preexisting conditions what we do is what we put into it. it doesn't matter. that's a lawsuit on obamacare. we have pretty much dismantled obamacare. we've taken out -- >> you took out the mandate. >> we took out the individual men date. anything we do, we will put in preexisting conditions. if it gets terminated we'll put preexisting conditions back in. >> what if you can't get that done? glo i'll get it -- i'll get it done. >> i support terminating obamacare. if we terminate it, we'll preinstitute preexisting conditions. >> shepard: jeff sessions said president trump approved that lawsuit to undo those parts of the affordable care act. >> thanks for having me. >> shepard: that's often seen as a contradiction there. republicans voted 61 times to kill that off. >> yeah. that's the sort of inconvenient

reality that republican candidates on the trail and president trump facing when the d.o.j. under jeff sessions and under president trump are currently in court with the lawsuit that would strike down the individual mandates and remove protections for people with preexisting conditions. while the president is out there campaigning and some republicans too saying this they support protecting people with preexisting conditions, there's a little bit of misinterpre misinterpretation when they stay that. there's not really a plan if it's struck down to protect folks. >> shepard: in that interview was pointed out, it's been reported before, that the president had signed off on this. but now the president says that the attorney general didn't give him a heads up on it. >> it makes things more confusing. not only for voters but i would imagine within the white house

when you have these competing narratives from the president and his attorney general over something this significant. i don't have any other reporting from the president other than what you showed from that clip from our hbo show with my colleague. you're right. jeff sessions said that the president had signed off on this and when we followed up with the white house, sarah sanders, told us that the president stands on protecting people with preexisting conditions. it's not in dispute. >> shepard: thanks so much. great to see you. hackers tried to break into voter registration system and half a dozen states last week. one state blocked more than 50,000 bogus log-in attempts in a single 24 hour period. that's according to a new report

that's been written by fox news alumnus januar -- jana winters. it cites election security memos from the department homeland security. the feds spent millions trying to help states update and secure their voting system since 2016 when russia launched that campaign to meddle in our system. how ready are states for tomorrow? after all these are state elections. >> on friday we asked homeland security secretary based on the intelligence if foreign nations have penetrated any of voter get death bases -- databases. >> we knew evidence of that. what's important for everyone to understand, when it comes to infrastructure, it is under constant attack. what we have haven't seen is successful activity we haven't seen any activity that we can attribute to a foreign nation at

this time. >> early voting at record levels, there's nielsen said there's no guarantee of perfect security. she said the voting system is in a much better place now than the 2016 election. >> i'm never going to tell you homeland security secretary that anything is fully secure. there's a tactics that we saw yesterday in particular with cyber, are not necessarily the ones we'll see today and tomorrow. >> on election day there will be situation room which includes federal agencies as well as the dnc and rnc. the ranking democrat said sunday he thinks the trump administration has made improvements but could have done more. >> i think we made great progress particularly at the individual polling stations and tabulations of votes. i think people should go out and vote with confidence. i am concerned that this white house, though, has frankly held

back -- we've got a broadly-based bipartisan selection security bill would have gotten 90 votes in the senate and unfortunately the white house stopped that legislation. >> in fox's interview, nielsen acknowledged that. that's a theme we also heard from the senator. she's concerned she said about false reporting on social media which indicates the public that something has gone wrong when it hasn't. >> shepard: coming up we'll check on a couple more key senate races including one that got taylor swift into politics and the race that made long known as one that had a taylor swift effect. that's next.

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>> shepard: business day -- busy day for the president. after wrapping up in ohio, he's

headed to indiana and missouri. democrats trying to hold on to seats in each state while republicans look to flip them red. >> the goal in both campaigns here in the final hours are to get people off the couch and vote. that is why the president is coming here to fort wayne, indiana to electrify the base. he's honing in on the last few stops on one simple message. about immigration and the caravan. former president barack obama stopped in gary, indiana yesterday. he's intent on unravel the message about the caravan. he said president's response to it is a political stunt. >> now two weeks before election, they're telling us the single most grave threat to america is bunch of poor,

impoverished, broke, hungry refugees thousands miles away. >> like braun the republican challenger hit stops around the hoosier state. incumbent senator, joe donnelly the democrat has been on the road today. he hit five towns in indiana. he has survive survived in thisp friendly state by supporting the president on many issues. even funding for the border wall. latest fox news poll showed that donnelly pulled ahead he seven points. we expect to see the commander in chief here tempting to swing are the momentum in the favor of the republican challenger, mike braun. >> shepard: now to tennessee. republican senator bob corker is retiring. flipping his seat could give

democrats better shot taking the senate. they could get a boost from taylor swift. as you likely heard, the super star made a political endorsement last month telling her instagram followers she'd been voting for the democratic candidate. they've been on her back. >> the democrat has the pop star, the republican has the president. marsha blackburn seen the visit from president trump in chattanooga last night. this the third time he's come here to stomp for her. about 10,000 people came out to see the president. most of those people waited outside 10 to 12 hours just to get in the stadium. trump has said a vote for marsha is a vote for me. basically making this tennessee race a referendum on his presidency. ordinarily in tennessee, that might be enough. they have not sent a democrat to the senate here since al gore in

1990. president trump won the state in 2016 by 26%. but the democratic candidate, bill is a popular former governor. he's a low key candidate. he's willing work with president trump when it suits tennessee and will oppose him when it doesn't. already this become the most expensive race in tennessee senate history. $80 million, $50 million in outside money. groups around the country scrambling for it could be a key seat. >> shepard: thank you very much. live there in nashville. it's not just congress up for grabs in the midterms. candidates in some tight battles for governor's mansions across the country including in the state of georgia where the democrat fighting to become the first ever black woman governor in the united states. voters there are already making history. that's next. smile dad.

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>> shepard: we're watching important governor's race. in the state of georgia secretary of state brian kemp said more than two million people voted. more than doubling the previous record for any midterm election.

kemp is the gop candidate for governor. he's in a close race with democrat stacy abrams who is trying to become the first black woman governor. >> brian kemp has been rallying his base of conservatives in rural parts of the state. today he's been conducting a fly-around tour attending rallies at airports in small towns. as georgia secretary of state he oversees elections and he's defended investigation of the state democratic party after an alleged attempt to breach the state's voter registration system. >> we're handling this like we would handle any cyber incident as you know, that's a very serious thing that we deal with that we fight to protect our systems. our systems are safe and secure. >> the secretary of state's office tells fox news it

received e-mail correspondent to believe an attempt was made. they don't provide us with those e-mails. stacy abrams insist allegations of unfounded. she accused kemp of using the investigation as a political tactic. >> this is a part of brian kemp trying to scare people out of casting their votes. >> the georgia bureau of investigation, gbi has been requested to investigate the computer crimes. a criminal investigation will be conducted by the gbi's georgia cyber crime center. >> shepard: thanks. democrats also making a push for governor's mansion in kansas. state senator laura kelly is running against republican

secretary of state chris. he is -- kris kobach. >> remain red. that is the catch phase that republicans are using ahead of election day. the race for governor, republican secretary of state kris kobach against state senator laura kelly. she has gained momentum. she has wracked up endorsements. kobach is backed by president trump who won kansas by 20 points in 2016. he served as the vice chair of the administration's voter fraud panel before it was disbanded and welcomed the president to kansas just last month for a rally. there's a third party candidate worth watching. greg orman, he's a multimillionaire and he's

polling enough to be a significant factor. but still, far behind his competitors. >> shepard: thanks. on this day in 1940, president franklin roosevelt won a third term in office. he wasn't sure that he should run again because of an unwritten rule that president shouldn't serve more than two terms. with the start of world war ii in europe, and the chance to further u.s. involvement, he agreed to accept the nomination. he won 449 electoral votes. beating his republican challenger in a landslide. the two term limit is now in the constitution. but voters would end up electing roosevelt to a record four terms. after he picked up his third, 78 years ago, today. should news break out, breaking news changes everything on fox news. the markets are looking good.

up close to 200 points. healthcare sector is leading the charge. "your world with neil cavuto" is coming up on america's choice for news and information on cable. this is fox news channel. >> our message is this is our chance texas to lead this country. >> if you're tire of the rage and hatred, let's come together. >> this is the race. missouri is the firewall. >> i think we're going to win this thing. >> if you want to go backards, you put the car in r. i want to go forward. >> neil: the last minute scramble for votes on with the contest for control of congress now about to kick off. glad to have you i'm neil cavuto. has selection eve all throughout the country, everyone is confused not knowing which direction this country will go. the president is making