>> thanks for joining us over the last four days here at liberty park. it has been fantastic. >> hopefully we know the winner tomorrow. >> thanks to everybody putting it all together and having us out here. see you. >> great. >> president trump: we had such a big night. you take a look at all these states we've won tonight and you take a look at the kind of margins that we've won them by. >> we'll go into maybe tomorrow morning and maybe even longer. but look, we feel good about where we are. we really do. i'm here to tell you tonight we believe we're on track to win this election. >> sandra: election day turning into election week. both sides projecting confidence the morning after the vote. the outcome still very much

undecided at this hour as several big swing states count their record number of ballots. right now the electoral college here is the snapshot. joe biden sitting at 238. both president trump at 213. 270 is needed to win the presidency. we'll be watching that all morning. good morning, everyone. i'm sandra smith. trace, good morning. >> trace: good morning. i'm trace gallagher. we're waiting for results from wisconsin, michigan, pennsylvania. the rust belt states. they're all too close to call. we're keeping a close eye on nevada. reliablely blue state the president nearly won four years ago and waiting on georgia. the results there still up in the air. the same goes for north carolina. a state democrats have not carried since 2008. >> sandra: fox team coverage for you. a daron shaw is here to take us

through scenarios. eric sean in pennsylvania. we begin with kristin fisher live at the white house where the sun is now up. what is the president saying about last night this morning? >> good morning, sandra. overnight president trump did exactly what he promised, that he would not do yesterday morning on "fox & friends." he declared victory prematurely with several battleground states still undecided. neither candidate close to 270 electoral votes. the president also claimed without evidence that his supporters were being disenfranchised. >> president trump: this is a fraud on the american public. this is an embarrassment to our country. we were getting ready to win this election frankly we did win this election. we will be going to the u.s. supreme court. we want all voting to stop.

we don't want them to find any ballots at 4:00 in the morning and add them to the list, okay? it's a very sad moment. to me a very sad moment. we will win this and as far as i'm concerned, we already have won it. >> to be very clear he has not yet but he could fair and square potentially without taking any legal action, without going all the way to the supreme court because so many votes are still being counted. and this is something that the vice president alluded to when he spoke right after the president last night. mike pence said that him and the president had not won yet but that they were well on the path to victory. >> while the votes continue to be counted we'll remain vigilant as the president said. the right to vote has been at the center of our democracy since the founding of this nation and we will protect the integrity of the vote. >> the president and vice

president made those remarks around 2:30 in the morning around 400 of his supporters inside the white house waiting for them all night. even though the race is still too close to call they definitely had something to celebrate because there was no blue wave. republicans on capitol hill exceeded expectations and trace and sandra, once again president trump proved those pollsters wrong. >> sandra: more on that coming up. kristin fisher, thank you. >> trace: joe biden is waiting for the remaining results from his home in delaware with six critical battleground states too soon to call. the former v.p. says he has a good feeling about this. it is not over until every vote is counted. griff jenkins is live for us in wilmington. is biden expected to make an appearance today? >> trace, good morning to you. it certainly a possibility. things are fluid here right now and we suspect that if he does indeed make remarks it will be prompted by some movement in

the numbers of those races you just mentioned. those six states and movements there. let's show you those. pennsylvania, michigan and wisconsin which amounts to 46 electoral votes. georgia, north carolina and nevada. we got little notice last night. i was here shortly after 12:30. there were cars in the parking lot and the former veep showed up, took the stage and very optimist particulars about the results he had seen so far. watch. >> we're confident about arizona. that's a turnaround. we also just called it for minnesota and we're still in a game in georgia. although that's not one we expected. we're feeling real good about wisconsin and michigan. and by the way, it's going to take time to count the votes. we'll win pennsylvania. >> we'll see about pennsylvania. it likely won't be called for

several more days. in some of the other states the former veep is leading by narrow margins, 8,000 votes in nevada. 20,000 in wisconsin. another development overnight after the president spoke and claimed victory as kristin just laid out, biden's campaign manager put out a pretty strong statement slamming those comments saying the president's statement tonight is trying to shut down the count of ballots was outrageous and incorrect. when i mentioned the movement could prompt remarks, remember with 238 tally that biden has going there. he only needs 32 more to get to that and we're up to 70 and behind me you have the secret service still having things locked down. there are no cars, no supporters out here but certainly the footprint of the secret service and protective detail here is such that quickly the vice president could take that stage behind me and perhaps declare victory or concession depending which way it goes. trace.

>> trace: 32 to go, griff. a tough 32. griff jenkins live in wilmington, thank you. now to some hotly contested congressional races. republicans sending off a blue wave and maintaining control of the senate and democrats hold the house. the democrats flipped two sen ate seats. john hickenlooper unseated republican senator cory gardner and mark kelly, the former astronaut unseating martha mcsally in arizona. she replaced john mccain after his passing in 2018. in iowa republican senators joni ernst is projected to defeat democratic challenger theresa greenfield. michigan senate race between gary peters and republican challenger john james still too early to call. same goes for north carolina's race between thom tillis and democratic challenger cal cunningham.

>> sandra: let's bring in daron shaw from the fox news decision desk. great to have you here this morning. a long night. we want to pick your brain when we go through the electoral map. the number that we're watching 270 is the number of electoral votes needed to win. here is the map. the gray states are the key battleground states that have yet to be called. daron, can you give us an update on some of these especially north carolina this morning, still too close to call here, 94% of the vote in. donald trump leading by more than 50% in that state. do we expect to call this state soon? >> north carolina has been a bit of a mystery to us. as you mentioned we're 6% shy of the expected vote. and we don't have a strong sense in north carolina where that remaining vote is as we do in other states. so for instance we feel pretty confident about how the race will wind up in wisconsin and michigan. in carolina, you know, our

geographic models and partisan models that take into account where the outstanding vote is are a little ambivalent here. we aren't sure. right now trump has a narrow lead. it is not clear that biden has an obvious pathway in north carolina. but we're not quite there on a call. they've been a little ambiguous when they will update their counts. like you guys we're sitting tight on north carolina. >> sandra: i'll dive into wisconsin in a second. i know that you have been talking about some of those counties that hillary clinton led in 2016 where joe biden is leading by a widen margin now but also the same for trump. some of those counties that he was able to claim victory back in 2016 he is leading by a wider margin there. i'll dive there in a second. nevada. will you be able to call this state in the next couple of hours? >> we're following like you guys some of the election officials, secretary of states

office and stringers on the ground there. we expect more data to come at 9:00 local time from nevada. and that will update the totals. that's another place unlike some other states where we have a strong sense of where the vote will come from and how it will break, in nevada it looks like it is coming from all over the state. not just coming from vegas or reno. there is a lot of vote in the balance of the state. it's a narrow biden lead like 8,000 votes or so. it could expand to 10,000 but that's a little iffy to make a call. so we're sitting tight and wait for that hopefully last bit of data to come in from nevada. >> sandra: when looking at wisconsin, as i mentioned, some of those key counties that you are watching from 2016 especially kenosha where you see the president 51 plus% of the vote in that county leading by a wider -- i clicked on

racine. kenosha, the president 51% of the vote there. leading by a wider margin than he was in 2016. you move a bit further north and you've been watching milwaukee county, wisconsin. again a county that hillary clinton secured in 2016 that joe biden has managed to secure a wider margin of victory so far. what can you tell us being able to call wisconsin any time soon? >> wisconsin seems like they're just about done collecting data. i believe the latest and you might have at this point i've been in the pod for five minutes he may have more recent data than i do. we think the biden lead is 20,000 at last check. about 20,000 votes. it seems to us like let's say you certainly rather be in biden's position than in trump's position right now. there is still some outstanding vote but we think most of that is mail-in balloting. as you know, the mail-in

balloting in the upper midwest stage has had a pro-biden slant to it. i think it's possible that the biden lead my increase a little bit. again in a race like this where a call is such consequences and shaping the news and how people are viewing the election, we will make sure it is coming from where we think it will be coming from. >> sandra: i just want to pull up brown county, trump 53% of the point. a difference of 20,000 votes. we'll continue to watch that state. want to go into michigan now. obviously this is one of the big battlegrounds that we're watching. what can you tell us as far as wayne county, 62% of the vote last i looked was in for wayne county. how crucial is that the detroit area in michigan? what are you watching there? >> you hit the nail on the head. people are looking at this right now you notice the president is leading. we of course on the decision team got a lot of blowback last

night where virginia where we had an early call where people said i'm looking at the screen and the president is winning decidedly. two factors. where is the outstanding vote located? and is it election day vote or mail-in vote? those two factors come together in michigan. a lot of vote remaining from very pro democratic places like wayne. a lot of it is mail-in vote which skews more heavily to biden. even though the president maintains the lead and a close race we expect that to narrow considerably. when they release those data we think we'll get more data from wayne and some other counties relatively early this morning so we may have some clarity in michigan by around noon. >> sandra: here is wayne county. just pulled it up. the southeastern corner of the state. a cluster of those blue counties that we'll be watching as they come in. daron, while i have you can i take it into the what if vote.

wondering what the paths to victory are for both candidates. if you're saying right now and you are hearing from the trump campaign as well that they are still feeling good about north carolina and georgia, is it fair to play around with this scenario knowing those states aren't called to give georgia and north carolina to president trump? that brings him to 244 on the map. he is leading in pennsylvania although we know the situation on waiting on all of those early votes to be counted. you tack on a pennsylvania and all he would have to do then which would still be a big one is to secure wisconsin for the win there without having to win michigan with the 16 electoral votes there. what kind of scenarios are you playing around with? >> what i mentioned sandra you go back to your board. don't forget about alaska. trump has a significant lead in the early votes we have there. alaska is a tricky state because it is so big and there is a robust mail-in program.

you talk about getting ballots in from all these rural areas and from native american lands and stuff like that. that's another three electoral votes that look to be leaning trump at this point. if you go to that board and i believe at this point if you give -- set aside georgia which i think will continue to narrow. i agree with you it is plausible the president could hold on there and north carolina where he has a lead, i think, if you go nevada to biden, if you go wisconsin to biden, and you go michigan to biden, i believe -- let's see. >> sandra: you have pennsylvania to biden are you playing? ? >> that would put him over the top clearly. but if you got michigan red to blue there you go. i think the path -- the most

plausible pathway for biden at this point is if you go nevada, plus wisconsin, plus michigan. i believe again -- i have to be careful because we talk about single electoral votes i believe that gets him to 270. so this is -- you know, then i don't believe he would actually have to have pennsylvania. but you can check me on the math on that. things are sort of moving quickly and by the minute as we continue to get data here. >> sandra: i have to leave it there. a few second answer. when do we know who wins this race? that's the question. >> i wish i could give you something better. i think we'll have clarity by early afternoon. i think it's important. >> sandra: keep it up on fox news for up to the minute coverage on the closely-contested race for the white house. our special coverage will continue this morning with bret baier and martha maccallum. that kicks off at 11:00 a.m. eastern time on the fox news

channel. it is now election week, trace. >> trace: i checked the math. it would be 270 for joe biden with those states you just mentioned. new election results are coming in getting both president trump and joe biden closer to 270 with all eyes on six big swing states. one is pennsylvania. it's 20 electoral votes could determine the winner. a look at where the race stands in the critical battleground state is next. >> president trump: most importantly we're winning pennsylvania by a tremendous amount. these aren't even close. sharing smiles together is a gift. at aspen dental, it's easy to gift yourself the smile you deserve. new patients, get started with a comprehensive exam and full set of x-rays with no obligation. and if you don't have insurance, it's free. plus, get 20% off your treatment plan. enjoy flexible payment options and savings when it matters most.

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>> trace: battleground pennsylvania still counting votes this morning with president trump leading right now although in-person votes are tallied before mail-in votes which are expected to favor joe biden. lawrence tabas is an election law attorney. can joe biden overcome the lead? 600,000 for the president right now. we know as we just said that the democrats are expected to dominate the mail-in voting and you still have a lot of votes out in allegany and philadelphia. are there enough votes out to overcome this deficit? >> i think the president will

win pennsylvania and i'm very proud of our team from top to bottom. we've held the state senate and the state house. we may have picked up one congressional seat. i think that bodes well for how the president will do and win pennsylvania. >> trace: that's a very big statement. we know all roads lead to 270 kind of go through pennsylvania except in a few scenarios. what are you attributing that to, sir? >> i think as i said we've done very well in our state races and our congressional races. we've outperformed in so many different parts of the state in the northeast part of the state, the southwest. some of our polls show people were waiting in line for two hours in our strongholds. i'm confident that even with the ballots yet to be counted. and we want all votes counted just applying the same fair standard to everybody. >> trace: there is a lot of people saying look, when we get

these votes in from allegany and philadelphia it will change the game dramatically because they'll heavily favor joe biden as they heavily favored hillary clinton back in 2016. you think the rural vote and popularity of the fact that the early information shows the president did very well in some of these rural states you think that will be enough to edge him out? >> look, the democratic elected officials in our state, the governor, the secretary of state, attorney general, they've been using their official position to stack the deck repeatedly change the rules throughout and if the rule and the laws and the constitution are followed by all sides, including the democrats, and one standard applies, a fair standard equally in our state, the president will win. i think you will see he will do better than he did in philadelphia in 2016. if the rules are fairly applied. >> trace: we should note you were also an election attorney.

it is interesting i want to put up, this is what your governor said and he is saying quoting here let's be clear, this is a partisan attack on pennsylvania's elections. our votes and democracy. he is talking about the lawsuits against pennsylvania. our counties are working tirelessly to process votes as quickly and accurately as possible. pennsylvania will have a fair election and we'll count every vote. do you expect litigation to slow this process to potentially stop this process? >> you know, the governor has to say what he did because he knows that he -- his secretary of the commonwealth used their official positions to repeatedly change the rules including less than 12 hours before the election itself. this process from the beginning has not applied an even standard to everyone in pennsylvania. they have not followed the constitution. they have not followed the statute and that's the key. to get unity in this nation and our state, one fair standard

needs to be applied equally to all of the voters and all of the counties. not just those the governor and the secretary prefer. >> trace: timeline, i have to go. do you have a timeline? when will the votes be counted? >> i don't think we'll have it done until next week until maybe monday or tuesday. >> trace: thank you for joining us. we appreciate it. >> sandra: joe biden on his part saying he is confident about the outcome of this election. >> we're going to have to be patient until we -- the hard work of tallying votes is finished. and it ain't over until every vote is counted, every ballot is counted. >> sandra: that is for sure. poll workers in pennsylvania resume ballot counting this morning. we'll have updates as soon as we get them. plus we're watching the u.s. stock market reaction after election day as investors wait for final results from several of those key battleground states. there is the electoral map. stu varney will join us for the opening bell moments from now.

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make family-sized meals fast. and because it's a ninja foodi, it can do things no other oven can, like flip away. the ninja foodi air fry oven, the oven that crisps and flips away. >> sandra: the race for the white house is still up in the air and that means uncertainty on wall street as you can see, 30 seconds into trading day after election day dow up 233. let's bring in stu varney the anchor of varney and company. great to be with you the day after election day 2020. want to get your big picture thoughts this morning knowing we don't have an outcome of this race yet.

>> big picture is this. we have a very close race which will probably come down to four battleground states. we don't have results from those states yet but they may come fairly soon. in the absence of a clear winner, the other big positive about this election is that the republicans -- i am talking about positive for wall street now -- the republicans keep control of the senate. that's extremely important. with them in control of the senate, you are not going to see a big tax increase on american business. you may see a nice stimulus package but you aren't going to see a tax increase. that matters a lot to wall street. if there is no big tax increase, then you don't have to worry about that hitting your bottom line if you are a major corporation. that's why big tech is off and running big time this morning. of course they are also a source of safety. they have growth in the future, a ton of money in the bank. there is a flight to the safety

in uncertain times right to big tech. that's what is happening right now, sandra. >> sandra: that's fascinating because we saw this huge sell-off in october, right? and then in recent days we've seen the rally happening. and everybody was trying to understand where wall street stood on predictions for this race. and here we are this morning, the morning after election day, and we still have yet to call several of these major battleground states. so as we work our way through the day, through the week, could we see wall street still trying to predict one way or another whether it's trump or biden or have they decided? >> i don't think wall street has decided. we just reported a reversal in the betting market. put your own money on the line here, you can bet on who you think is going to win. you are risking your own money. that bet has meaning. we have a reversal. about three hours ago, the

betting market favored a trump win. that's completely reversed. the betting market now thinks biden has a 75, 76% chance of winning. that's a complete reversal. so the betting market has made up its mind. biden is going to win. the stock market has made up its mind that there is no republican loss in the senate or loss of control in the senate, and that's pushing prices up. fascinating situation here. there are plenty of winners and plenty of losers. i would say that socialism has lost. the idea that you are going to get a socialist revolution in america that is not going to happen. i think chuck schumer has lost. he will still be minority leader in the senate. i think michael bloomberg has lost. he spent a billion ontrying to get elected. 100 million trying to get florida to go for biden and he lost it all. there are winners and losers.

>> sandra: you and i have spoken so many times over the years about america reaching energy independence, something that we have seen happen. and then you saw on the debate stage in this election cycle and all the discussions over fracking and whether or not the biden-harris ticket would put an end to it. that played a big part in what we're seeing develop in the state of pennsylvania. i just wonder, stuart, when it comes to the economy and you look at wisconsin, michigan and the big one pennsylvania, how you saw that playing out >> i'm interested in pennsylvania. as you say fracking was very much in the news. as things stand, i think with about 75, 76% of the vote counted, the president has a 677,000 lead over joe biden in pennsylvania. but the votes for tha* are still to be counted come from largely urban areas which will favor joe biden and that may

make up the 677,000 deficit that biden currently has in pennsylvania. you aren't going to get results out of pennsylvania until probably the end of the week, maybe saturday or longer depending on court processes. that pennsylvania race is absolutely fascinating and fracking was right in the middle of it. >> sandra: michigan just went lean biden according to the decision desk. if you play around with the 270 scenario trace and i were talking that wisconsin, michigan if biden secures those and they should be calling nevada soon, if that goes biden that's a path to victory for joe biden. of course, then if one of those, michigan or wisconsin does not go biden he would need pennsylvania and stu, i don't have to tell you that's when things get really messy if they're down to that. >> very messy. >> sandra: great to catch up with you the day after election day. >> trace: speaking of pennsylvania, ballot counting is underway in pennsylvania where president trump promises

to take the state to the supreme court over mail-in votes. the president leads joe biden with nearly 55% of the votes in the state he flipped red in 2016. the senior correspondent eric shawn live in philadelphia. strong words from the governor on the election. >> that's right, trace. already there is a republican lawsuit counting behind me. the democratic governor of pennsylvania strikes back at president trump. the governor tom wolf in harrisburg said that the president is issuing baseless claims about the election being stolen. the governor tweeted let's be clear, this is a partisan attack on pennsylvania elections. our votes and our democracy. pennsylvania will have a fair election and we will count every vote. the defense comes as republicans have already filed a lawsuit against a county outside of philadelphia. republican congressional candidate kathy bar net who

challenged is suing the montgomery county board of elections for helping voters with their ballots. she wants 1200 ballots tossed. the county says it only helped 49 voters correct mistakes they made on their mail-in ballots. a hearing is set in federal court this hour. here in philadelphia republican poll watcher gary feldman was denied entrance to a polling place even though certified by officials to do that. officials later called that a misunderstanding and eventually was permitted to go inside to observe the vote. let's look back live at the philadelphia convention center where they are still counting the votes, 65,000 votes were added overnight but you know they still have more than one million votes to go. >> we're still doing everything. it is just a reporting of. we can't load any more numbers

into our system until we're done with the machines. so everything is going. the ballots are -- envelopes are being opened. everything is going. just can't report it into the system until we're done with the machine portion. >> election officials insist they're processing the votes in a fair, legal, transparent and honest manner. trace. >> trace: eric shawn live in philadelphia. thank you. >> sandra: six key states too close to call at this hour as the nation and world await the final results of the presidential election. a look at what sent voters to the polls with our fox news voter analysis. plus we'll break down the results in florida next. >> president trump: there has never been anything like it to support our incredible movement. we won states that we weren't expected to win, florida. we didn't win it, we won it by a lot. made of doing what's right,

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>> trace: president trump and joe biden locked in a very close race. millions of votes still being counted in some key battleground states. let's bring in our panel. guy benson, political editor at town hall.com richard fowler and also fox news contributor. guy was up late last night, richard. take it easy on him. you look at this the numbers show it was a referendum on the president. i want to put these on the screen. you can see fox news voter analysis showing for those who support president trump 79% of his supporters voted for the president. you look at the next poll. for those who voted for joe biden only 49% you actually voted for joe biden, 51% voted against donald trump. guy, what does that tell you? >> good morning, trace. long time no see. i hope you enjoyed your nap. i sort of did. look, this was going to be a

referendum race on president trump's leadership. it's what the democrats want it to be and president trump was more than happy to lean into it and it's exactly what we got. and what's interesting is it looks like we're on track to have the highest voter turnout of the percentage of the electorate since the turn of the century, the last one, 1900. so there is this huge passion in this race and most of it on both sides was surrounding one central figure. it was president donald trump. it looks like he will receive millions already. he has millions more votes than he did in 2016. significant republican turnout. joe biden will build on hillary clinton's numbers and go beyond them. beat president trump in at least the national vote it looks like. so sometimes it's a case of be careful what you wish for and if you are a republican this race can still go either way. you start thinking about okay, if this were a race happening without coronavirus as the back drop and there were a

referendum on president trump i think it is hard to argue he wouldn't have won handily last night. of course that's not the reality we live in. but this was a race at the very top that was all about one man, although down ballot maybe a little more complicated than that. >> trace: a fair point. joe biden adopted the strategy this is the wrong guy to be the president of the united states. what are your thoughts on how this -- how the perception of joe biden and president trump came out? >> listen, just like you and guy, i was on fox until about 4:00 but i agree with guy. i will copy and paste everything guy said. what i will add to that is this. i think this was a referendum on the president. as a result, voters voted against him. what you see them doing down ballot. looks like the american people want some level of divided government. maybe that's the best thing to have a senate narrowly

controlled by republicans so there can be something done that both democrats and republicans can agree on so we can get to a semblance of normal. it is very important to realize the biggest issue that donald trump's faced in this election his campaign failed to deal with was the coronavirus and the global pandemic and impact it had on the american voter. as a result of ignoring that and denialism he likely might cost him this election. >> trace: i want to get this in. switching topics a little bit. we talked about this a lot last night. it was a big deal. talking about the cuban american vote that came out of miami-dade county. i want to put this on the screen. 41% cuban voters turned the tide in florida. 41% for former vice president, 58% for president trump. it really does show since day one when he got into office he was trying to court cuban americans and venezuelan

americans and it went well for him, guy. >> i would first say it is not just florida and cubans and venezuelans, president trump and a lot of key places in texas overperformed with hispanics. so the map was shuffled a little bit and the demographics were shuffled in ways that our counterintuitive to a lot of people who are in the supposed smart set. as for florida, there were a drumbeat of stories out of south florida and miami-dade over the last couple of weeks saying the democrats are pushing the panic button. they're very concerned about what they are seeing in south florida and president trump racked up an impressive victory in that state because of south florida. bottom line, socialism does not play with people who have escaped socialism. >> trace: richard, last word. 10 seconds. are you surprised? were democrats surprised at the showing among latinos for the president?

>> look, i'm from ft. lauderdale and i think guy is right. i think we have to understand the latino vote is not a monolith and cuban americans and venezuelan americans that socialism message resonated well. but what happened in arizona is joe biden's message resonated well. we'll have to recalculate as a party how we talk to latin voters and communicate with them on the issues they care about. >> trace: richard fowler and guy benson. thank you both. >> sandra: they were lively the morning after election day awake. several battleground states too close to call this morning as mail-in ballots are being counted in philadelphia. we'll take you to the keystone state next. did you know you can go to libertymutual.com to customizes your car insurance so you only pay for what you need? really? i didn't-- aah! ok. i'm on vibrate. aaah! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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>> sandra: the presidential election still up for grabs this morning the morning after election day. races in six swing states too close to call at this hour. let's bring in byron york. fox news contributor. i know you have a lot on your mind this morning as we await more results and you see the electoral vote count, 238 to joe biden, at this hour, 213 to president trump. so i know you are looking at various pathways to victory for both candidates. what are you thinking about? >> well, for the president the first thing he has to do is win georgia and north carolina. those are not totally in the bag right now and he absolutely has to have them. looking pretty good for him in pennsylvania. so if he wins georgia and north carolina and pennsylvania, he still needs to win something else. that something else was going to be either wisconsin or

michigan. maybe it could still be one of those things but what we know now if it is not either one, nevada seems to be surprisingly close. the president is not in the lead but there still are votes to be counted there and not just in the democratic heavy areas. perhaps all over the state. >> sandra: when you see what happened with some of these senate races last night and you look at the big picture. what does it mean ultimately for -- not knowing how this race turns out -- the democratic dreams of packing the court, eliminating the filibuster, all -- the green new deal. what are we able to take away from what we saw play out last night? >> there was a democratic dream of completely remaking government, of packing the supreme court with additional justices, of making washington, d.c. a state, of making puerto rico a state, passing the green new deal. raising taxes, all sorts of

things. and that dream depended on joe biden being in the white house, on democrats controlling the house, and democrats controlling the senate. that is why so many democrats poured so much money, historic amounts of money, into efforts to knock off lindsey graham and thom tillis and susan collins and many others. and right now it appears that that failed. even if joe biden becomes president, a republican senate is the wall that stops all of those democratic dreams. >> sandra: fascinating look. byron, as we head through this morning it is not even 10:00 a.m. on the east coast and we wait these key battleground states still to come in. pennsylvania is going to be a big one to watch when you look at those various pathways to victory for the candidate. there are scenarios that could play out where it comes down to pennsylvania. what do you expect to see play

out in the coming days? >> well, obviously there will be a lot of p controversy about the democratic vote in philadelphia area because there always is. republicans will be suspicious of those vote totals. but i spent the last week of the campaign in western pennsylvania. it was clear that trump support there was growing from what it had been in 2016. if he wins pennsylvania, that will be the reason. >> sandra: always great to catch up with you. thank you. >> trace: they were talking about it all about the math as america waits to find out the winner of this presidential election. the latest numbers from the six big states when our special coverage continues. our retirement plan with voya gives us confidence... ...we can spend a bit now, knowing we're prepared for the future. surprise! we renovated the guest room, so you can live with us. i'm good at my condo. well planned, well invested, well protected. voya. be confident to and through retirement. before discovering nexium 24hr to treat her frequent heartburn,

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>> sandra: president trump and joe biden remain locked in a tight race as a few key states count their votes in a reach to get to 270 on the electoral map. joe biden 238 so far. donald trump 213. welcome to "america's newsroom," i'm sandra smith. good morning. >> trace: you talk about political chess. this is it. good morning, i'm trace gallagher. election night stalemate dragging into wednesday morning in the states where this race will be decided things are still far too close to call and here is how things are playing out in the midwestern states.

talking about wisconsin, right? a lot of different scenarios there. talking wisconsin, michigan, pennsylvania. let's look at georgia. georgia is very key. 16 electoral votes. you can see it right there the president leads right now. it is a must-win for him. and then you move on to north carolina. another analyst say must-win for the president. he has a lead there but not nearly enough to call that at this point in time. >> sandra: nevada could be called shortly. we talked to daron shaw at the top of the hour. joe biden leading in that state. six electoral votes up for grabs there. hopefully an update on some of those states soon. both candidates did stay up late last night. we heard from both of them. >> president trump: the citizens of this country have come out in record numbers. this is a record. there has never been anything like it to support our incredible movement. we won states that we weren't

expected to win. florida, we didn't win it, we won it by a lot. >> i'm here to tell you tonight we believe we're on track to win this election. [cheering and applause] we knew because of the unprecedented early vote and the mail-in vote that it would take a while. we'll have to be patient until we -- the hard work of tallying the votes is finished. and it ain't over until every vote is counted, every ballot is counted. >> trace: team fox coverage. phil keating live in florida. chad pergram on capitol hill. mike tobin if wisconsin and daron shaw from the fox news decision desk but we begin with mike tobin in milwaukee. there is a record breaking number of absentee ballots and they're still being counted. >> the add min is trace tore of the wisconsin election commission said don't be surprised if we're still counting in the morning. they are. what seemed to change things is

the absentee and early ballots here in the city of milwaukee. there was a prediction we would be counting into the small hours of the morning and indeed that is what happened. ultimately a woman named claire wo*g with the city election committee hand delivered a zip drive to the county and that seemed to make the difference. up to that point president trump was leading by upwards of 100,000 votes in the state. you were counting 169,000 absentee votes from a heavily populated and deep, deep blue area. so that really seemed to close the gap. then once the totals started getting counted in green bay that also closed the gap. there was a problem in green bay. one of the voting machines ran out of ink and it slowed things down. no allegation thus far that somehow compromised the integrity of the election. we're waiting on numbers on two small rural counties. pierce county, a person in the clerk's office tells me the

numbers will be posting. richland county the county clerk tells me that one township, willow, wisconsin, population 493 just didn't turn in their numbers. so he can't post final numbers. so come on, willow, you can do it. get those numbers in and let's start finalizing things in wisconsin. >> make. thank you. >> sandra: six states up for grabs. daron shaw joining us from our fox news decision desk. i know the coffee is flowing this morning. we'll get what we can from you as we await more of these states to be called. while we were talking last hour top of the hour something changed in michigan. our decision desk went lean biden in that state as you can see now leading the president by .2% with 94% of the vote in. how close are we to calling this state? >> i know this is not a satisfactory answer.

we aren't there yet. we think that a huge chunk of the outstanding vote -- you alluded to this last hour is in wayne county, heavily democratic. the fact that most of it is probably mail-in suggests it might be more heavily democratic. there is a chance to biden's slim lead expands. a county that hasn't reported all its precincts or error in reporting could change the numbers, just a few is enough to bring this thing back into question. we're exercising an abundance of caution here. >> sandra: what can we take away with this? wayne county right now shows joe biden 67.1% of the vote to donald trump's 31.7. what can you take away from this as i flip back to the 2016 results? hillary clinton led that county by a greater margin than joe biden is leading donald trump right now. can that tell us anything else

about the rest of the state as we await the total? >> i think it's reasonable to infer that these sort of county by county variances suggest people have come to like trump a little more in some areas, that he has made enemies in other areas. the direction of the result may switch, it is possible that biden would win michigan whereas trump won it last time but i think the -- basically we're almost spot on what we saw in the last election. it's kind of astonishing. a small point. wayne has lost a lot of voters over the last 10 or 15 years as people left detroit and suburban detroit. better numbers might not result in the same vote totals which is critical here. >> sandra: i'm back to the electoral map when it comes to the what if scenario. if you could help bring us along the pathway to victory that you were identifying for

potentially joe biden if, in fact, the decision desk calls nevada soon, which we're waiting on. you pointed out if that happens, a possible pathway to victory for joe biden would clearly be securing wisconsin and securing michigan as we talk about that just now. that would bring joe biden to that even 270, daron. >> two points. the first is we continue to get updates from nevada and i feel somewhat sorry to report this when they said noon, they meant noon tomorrow. we were just to make people possibly feel better they are processing mail-in and absentee ballots they received yesterday. they have a signature check and other requirements. it is not frustrating for us and not unusual. the other thing it is possible if joe biden wins with 270, the second cd in omaha will have delivered the presidency for joe biden if all of this plays

out. but who would have thought that a week ago? >> sandra: are we down to that? wow, okay. because that has already gone blue. >> right. that would take him from 269 to 270. isn't that stunning? again, we're not there yet but we're playing these hypotheticals that's one here. >> sandra: the possibility to victory for biden. let's play around with possible red states and pathway to victory for donald trump. he is at 213. before he potentially receives georgia, north carolina. what has to happen next? pennsylvania comes into play. >> right. he would need to carry alaska, right? which is still outstanding. keep pennsylvania where he is currently leading. and then hold one of these three states, nevada -- right

now perfectly candidly i think nevada may be his best shot barring discrepancies mike tobin was pointing out in wisconsin or incorrect where the outstanding vote is in michigan. nevada is still very close and our model suggests the remaining vote is going to be fairly even. >> sandra: let's go back into that state as we see the extremely close race. you can see vote totals not just the percentages but vote totals, a difference of less than 8,000 votes between the two candidates. daron, to go back to the news you were sad to bring us is that they will have -- we won't receive any additional reporting from that state until thursday. this is going -- people areing nuts about this on social media universe. why is that? why aren't we going to get more reporting from nevada until tomorrow? >> we on the decision team should know better. we study this stuff and we forget things in the heat of

the drama last night. we forgotten things. nevada is very good at vote counting because they have the mail-in system and receiving ballots on election day they aren't processing them until today. to process them properly according to the secretary of state they need to do signature checks to make sure the personal also didn't vote in person. no double voting. all those sorts of safety features which all of us would concede are necessary, they will delay the processing of the ballots it looks like. maybe they'll get done early. >> sandra: all good information. i know you are busy. thank you very much for your time. really appreciate it. >> trace: pennsylvania still counting ballots and the race remains too close to call. how long until we get the votes in. joining me now is pennsylvania's lieutenant governor john fetterman. thank you for joining us. we appreciate it. good to see you again, sir. i talked to the pennsylvania gop chair a short time ago and he says that he believes that president trump is going to win

the state of pennsylvania. your u.s. senator democratic senator bob casey said the following. when all the votes are counted vice president joe biden is going to win pennsylvania and be well on his way to necessary electoral votes to win the presidency. it will take time and we all need to exercise patience. every people from pennsylvania who cast a vote deserves to have it counted. can you square it up for us? who is going to win in your estimation and how long will it take? >> i mean, the facts in pennsylvania are really not up for dispute at the moment. there are approximately 1.4 million ballots outstanding in pennsylvania, mail-in ballots coming from very dem heavy counties like philadelphia, chester, so forth. so if you trend that out even under the most generous kind of projection in terms of divvying

up the respective candidates who they go to and compare that to the president's current lead, it certainly much more in senator casey's camp in terms of the likelihood of pennsylvania at this point just from a mathematical perspective. >> trace: you mentioned allegany county is another democratic stronghold, pittsburgh. the president is 500,000 plus votes up. a lot of votes to make up. the word is that he is -- >> it's not a lot to votes to make up when there are 1.4 million outstanding mail-in ballots more than likely overwhelmingly democratic. >> trace: some of those are in rural areas where the president did very well. >> i agree with that. i agree with that. the president did really well in rural areas as i suspected he would. the fact is that many of these rural counties still have a significant democratic portion and they may very well likely

use mail-in ballots, too. that's the point. overall mail-in ballots regardless of their county origin trend more towards democrats. so statistically that would be my observation on that. >> trace: we had a live camera at a ballot counting operation in philadelphia yesterday and it was going gangbusters. they were doing -- these machines could do 32,000 an hour. they're back at it. then it just stopped yesterday. what happened to the counting of the ballots, sir, and when do you expect all of these things to be counted in full? >> nothing really stopped. philadelphia has been cranking them. pennsylvania is going to count every ballot and it is going to have a safe, secure, true reflection of the democratic will of our voters one way or the other, whether it goes to the president or whether it goes to the vice president. so this idea that we have to rush through it.

we're systematically processing every ballot that is in our receipt. >> trace: philadelphia city commissioner said this about the vote count. listen and i will get your reaction on the other side. >> we have never had to count this large number of mail-in ballots and have an in-person election. so we had no -- we thought that we had timed it right but truthfully we've never done it before in this large number. >> trace: just dealing with numbers, what do you say when people talk about these lawsuits, the litigation that could slow this down or stop this process all together? >> my understanding is that any lawsuit would be involving those ballots that have yet to be received. they either received them today or tomorrow or friday. but in terms of what is in every county's possession now we're all securely received by election day. i don't think anyone would argue those aren't going to count. so as those get processed

through today, you are going to see a trend emerge and whether or not that bears out with the way they broke the ones that have already been counted across pennsylvania. >> trace: our understanding is 8:00 last night is when some of these ballots being put aside in case litigation goes against the democrats in the state. >> correct. anything after 8:00 last night on ward would be sequestered. but again, we don't know how many we are going to get. obviously, you know, today is a new day, thursday and friday, so given what we know what we have right now, 1.4 million and how those votes are broken for democratic versus republican, that's kind of the current state of play here in pennsylvania. >> trace: lieutenant governor john fetterman, thank you for your time. we appreciate it. >> thank you. >> trace: you won't miss a

thing as we track every twist and turn on the election. special coverage begins next hour with bret baier and martha maccallum. we hope you stay with us for that. i'll be watching. >> sandra: we are getting word from the trump campaign there was a last-minute phone call with the campaign manager bill step yen. he said a moment ago we're confident in our pathway and math. the president also just tweeting from the white house a short time ago the first of the morning, last night i was leading, he writes, often solidly in almost all instances democrat run and controlled. then they started to disappear. he calls this very strange and pollsters got it completely wrong. to provide context to that, the president is talking about how some of those states initially appeared very strongly red and, of course, that was initially in some states that count the same-day election day in person

voting first before the early mail-in or in-person early voting. and that's why you saw some of those numbers change throughout the evening and well into the morning. interesting to hear from our own decision desk this morning commenting on just that saying that trump may have won every state on election day across the country with the exception of states like new york and connecticut, and the same for joe biden when it comes to the mail-in voting. he may have won every single state with the exception of the dakotas. that's the state of play in 2020 considering the massive early voter turnout that we did see. >> trace: they talked about the red mirage and blue shift and that's when you counted the mail-in person and in-person second. >> sandra: it wasn't just the white house up for grabs. we were watching for the fight for control on capitol hill. that is far from over as both sides duke it out for the house and the senate. a breakdown of the biggest races later this hour plus

going from the campaign trail to the courts. both sides mobileizing attorneys as they brace for a legal battle. will it end up at the supreme court? we'll ask jonathan turley next. >> president trump: it's a very sad moment. we will win this and as far as i'm concerned, we already have. i try to put my arm around any vet that i can, absolutely. at newdayusa that's what we're doing. we put our arm around the veterans. when i think of the veteran out there that needs to refi his home, he may want to purchase, we can help them and provide that financial solution for they and their families. it's a great rewarding feeling. everybody in the company, they have that deference and that respect and that love for the veteran that makes this company so unique.

>> president trump: this is a major fraud on our nation. we want the law to be used in a proper manner so we'll be going to the u.s. supreme court. it's a very sad moment. and we will win this and as far as i'm concerned, we already have. >> sandra: that was president trump last night declaring victory in the early hours of the morning saying he is ready to go all the way to the supreme court over those mail-in ballots. he gave his speech as a result of some of the key battleground states. they remain up for grabs and still are. with attorneys for both campaigns bracing for a potential post election legal battle. what that might look like. jonathan turley is here, law professor and fox news contributor. we keep looking to pathways to victory for both candidates,

jonathan. if this does come down to pennsylvania, what does that battle look like? >> it doesn't look great. it will be very messy. we're really seeing a paradigm shift from the political to legal. from counting votes to keeping votes. and so there are a number of states where valid challenges could be raised. it doesn't mean they will be successful. nevada is an example of that. they were very early concerns raised about balloting and how these ballots were being opened and stored. in pennsylvania there are a myriad of issues that could result in litigation. michigan has also seen some early challenges. so we are now honing down to the key states that will be the focus of litigation. this is sort of like legal triage. there are states that have had problems but they are either

going for biden or trump and any problems they had with balloting is largely immaterial. the states that are swing states, particularly nevada, michigan, pennsylvania, have some very serious questions that have been raised. and it is not that it's uncharted territory, it is just a territory that's hard to predict how it will all come out. when the lieutenant governor in pennsylvania said that he couldn't imagine a reason to challenge any ballots except those received after election day, i think he may be deluding himself. it is not simply the question of when the ballots were received. but how they were accepted and how they were recorded. when you have millions and millions of ballots even in a normal election with conventional means, it is a target-rich environment. >> sandra: be more specific to

that point. because as the rules are laid out before the american people, the people of pennsylvania, if you were to look specifically at that state, if it's postmarked by election day, november 3, there are three days for that vote to be counted. where does it get sticky? >> well, it gets sticky from the get-go. first of all pennsylvania changed or had a change of its election laws ordered by the courts that didn't just include the extension for the receipt of balloting but also rulings that said that if the signatures do not match it will not necessarily negate a ballot, even if the post date is not clear the ballot can still be counted. all of those things, all those controversies can be raised in a state where the vote is expected to be quite close. there is also provisional conditional balloting in these

states. we're talking about a very narrow margin in these states. that will invite litigation. so people that expect this to be over are truly deluding themselves. and believe me, this is going to make florida look like a walk in the park if everything is going to turn on pennsylvania. >> sandra: the biden campaign statement. the president's statement tonight this is from the biden campaign about trying to shut down the counting of duly cast ballots was outrageous, unprecedented and incorrect. outrageous because it's a naked effort to take away the democratic rights of american sit tense. unprecedented never before in history has the president of the united states thought to strip americans of their voice in a national election and incorrect because it will not happen. you spent time talking about the battle that might ensue. how should or would you advise the president to proceed if they have legitimate concerns? final thoughts.

>> well first he has to tap down the rhetoric. that is only going to alienate courts and inflame people on both sides. he did not win these states last night. they are still in play. there are ballots that will be counted. it doesn't mean he didn't win them ultimately or that he doesn't have a lead. it certainly doesn't mean he doesn't have legitimate objections but we all have to sort of take a step back here. we have an interest in counting valid ballots including ones that haven't been counted to date. that will go forward. but as these margins narrow, these lawsuits will increase, and judicial scrutiny is going to start within a matter of days. >> sandra: jonathan turley, thank you. >> trace: as one of the biggest headlines last night president trump winning florida with a wider margin than four years ago. what was his key to victory in the sunshine state?

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victory for the president went down. good morning. for weeks the polls showed florida was a dead heat, a toss-up. and this. >> it absolutely was, trace as florida usually is. but the biggest swing state prize in the country went handily to president trump after both candidates spent tons of money in this state. they made multiple campaign appearances and each candidate thought he would win the 29 electoral college votes. trump won florida for the second straight time instead. it came down to miami-dade which is historically a big democratic stronghold. but cuban americans came out big and strong and voted for trump in much larger numbers than they did for him four years ago. little havana last night it was a party waving trump flags yelling and cheering and honking horns. it appears donald trumps boost

cut his vote deficit in the county by 200,000 votes. >> the cuban community is for trump. you can see it here. you can see it. all the support to donald trump. >> president trump's first election night remarks at 2:00 this morning almost immediately he spoke of his new home state, the sunshine state. >> president trump: we won states we weren't expected to win. florida, we won it by a lot. >> trump also improved his 2016 performance in the crucial i-4 corridor tampa, orlando, daytona beach adding 25,000 votes over four years ago. >> trace: the pre-election day research showed biden underperforming with hispanics in florida. >> it did. biden knew it. the campaign did not fix it.

at 11:03 eastern time last night that's when the fox news decision desk called it. trump wins florida by 3.4% in a state typically decided by 1%. former vice president joe biden held several florida campaign rallies in the last couple of weeks. multiple drive-in style ral eels but it may have been too late. biden did win miami-dade county by 7%, however, four years ago hillary clinton won miami-dade county by 30%. that's a huge difference and a huge amount of votes lost for biden. >> trace: it is. phil keating live in miami. phil, thank you. >> sandra: let's take a spin on the touch screen and show you how different it was this time around as far as the lead in miami-dade. here is florida with trump securing 51.2% of the vote. phil was pointing out something we were watching throughout the

evening, right? looking at miami-dade county heavily blue biden secured 53 1/2% of the vote. it was important to see. you flip it to 2016 results and he won by a much narrower margin in that county than hillary clinton did back in 2016. you go back to the 2020 results from last night. joe biden, broward county, you flip that to 2016 and you can see also a narrower margin of victory for biden than hillary clinton back in 2016 as was the case palm beach county. you were watching sumter, home to the villages where the lead the president had there. 2016, 70% bring him to victory. this time around almost the same, narrower margin of victory for the president there but still commanding victory, 68% of the vote there. as we went through the evening we were waiting, remember, ari fleischer and everybody on fox

broadcast for the panhandle. the panhandle went solidly red for president trump. we were watching for -- the pennsylvania governor is speaking now crucial battleground state and we're waiting on. >> we'll similarly meet this moment and i will everything within my power to insure the results are fair and that every vote is counted. pennsylvania will have a fair election. that election will be free of outside influences. i will vigorously, we all will defend against any attempt to attack that vote in pennsylvania. every person can have confidence in the outcome of this election due to the due diligence of election officials and the department of state. thank you again to all people in pennsylvania who voted.

rest assured your vote will be counted if it hasn't already been counted. your vote will make a difference in this election. this is the way we elect our officials and the way we hire the people who are our public servants. a promise we give to all people in pennsylvania, all americans that their vote counts and i intend to keep that promise here in pennsylvania. ifm -- i'm proud to turn this over to the secretary of state. >> good morning. so i want to echo some of what governor wolf said about once again thanking all the tens of thousands if not hundreds of thousands of election workers that were and are still involved in the process of enabling this great democracy

in pennsylvania and across the nation. the work they have done is just tremendous and i still -- we've been talking -- department of state folks were at our operation center, i don't know, 4:30 in the morning, went to take a shower and were back within a couple hours of that. so they've been working around the clock as are many of the counties. we've been talking about yesterday again and how incredibly smooth. one of the smoothest, least issues elections, presidential elections that i've seen in any time that i could possibly remember. i've been in and around elections for a long time. the voting rights lawyer, poll worker. it was incredibly smooth and that's a huge credit to all the election workers both at the state level and at the local level as well as our state

partners like office of homeland security and department of homeland security who made sure that all those things that people were worried about, whether it was voter intimidation or issues at the polls really could not have gone more smoothly in the middle of a global pandemic with all the voting reform changes we saw from act 77 and act 12. that's huge kudos to everybody involved. also we are exactly where we said we would be. we said it would take some time to count the mail-in ballots. and we are approaching 50% of the mail-in ballots counted which is great. as you know you can go to our election night returns website and the supplemental dashboard to get the greater details on that. but there are still millions of ballots left to be counted. so the counties are working incredibly hard. you will see a lot of updates in the next couple of hours and throughout the day. we have been -- there were a

number of counties that made some major additions in the we hours of the morning. so if you checked early on this morning you may want to check again because there has already been more ballots accounted for on our dashboard. again, this is a process. we've got, you know, somewhere -- i don't know what the totals will end up at but somewhere between 2.5 and 3 million ballots and as i've said many times, we had 260,000 ballots cast by mail in 2016 so we will be at 10 times the number of mail ballots and the counties are already approaching 50% done. i urge everybody to remain patient as governor wolf said we are going to accurately count every single ballot. the vote count as i said many times is never done on the day of election night and the

counties are doing this accurately and then accurately as quickly as they possibly can. and again i'll also remind everyone military and overseas ballots are not due until a week after election day. so next tuesday is the deadline for military and overseas voters to cast their ballots and we want to make sure that not only every civilian absentee mail-in vote is counted but every man and woman serving our country, that their votes are counted. so thank you and we are happy to take questions. >> i'm sure you want to talk to kathy. any questions? dennis. >> tell us where we stand right now and what you know of legal khal edges from the trump administration and how are you preparing to deal with those? >> i think, you know, basically what you know that's been publicly reported is really all

we have at this point. i can't talk about active litigation unfortunately. but as things are filed, of course, those will be publicly accessible. >> do you have attorneys handling that or bringing in somebody from the outside? >> we have a mix. what we've been doing all along with all the litigation that has been flying this year is we have a mix of in-house and outside counsel. plus the attorney general is also representing us in a number of these things. there has been a great team. the attorneys give a shout-out to the legal team in the department of state who have been really put to work this year and they are amazing. so tim and kat and team, thank you. we also have tremendous teams of outside counsel involved in all of this. as the governor said we will make sure that every vote is counted. every eligible voter has the right to as their vote. >> how many counties are

handling ballots coming in tuesday, thursday, friday, how are they handling that? how is the county doing that? >> you can go online to see our guidance and last night we also gave more technical guidance to the counties which we can forward to you. it basically lays out the process. you are talking about the late arriving ballots. everything will be segregated. they will be counted and the counties have been given detailed instructions that you can find in the guidances to walk them through how to segregate those ballots. >> when you talk about the order in which those things will be counted. are they -- is that a county by county decision? can we expect to see those numbers already reflected or something they would get to later in the process? >> basically it will depend. some counties that are already done counting mail-in ballots received before 8:00 p.m.

they won't be reflected on the website. they won't be intermingled in the website. they'll be segregated. it will vary from county to county when they start because they work on the other ones first. >> will it be reflected on the website? i'm unclear on that. >> stay tuned on that. >> on those segregated ballots there were 500,000 ballots issued that hadn't been cast as of yesterday. >> repeat the question. >> there were 500,000 mail ballots issued that hadn't been cast as of yesterday. is there a way for the state to determine how many of those 500,000 people chose to vote in person instead or do we need to operate under the assumption that all 500,000 could come in before friday? >> so all that will be trackable but we won't have it today. basically between provisional ballots and the poll books and then, of course, the mail-in ballots, you know, as you all know only one vote can be

counted for any voter so you will be able to see all of that. it will take some time for that data to be quantified. >> last night your comment was we didn't know how many mail-in ballots arrived yesterday, right? do we know yet how many ballots arrived yesterday? what is the number? >> i don't have that with me this morning. check on the dashboard and that will be updated throughout the day. >> representative keeps raising the point that ballots that arrived yesterday that can still be counted may not have a legible post mark on them and raising questions about whether or not they should be counted or not. he said it's because of the pre-paid envelopes that the state provided. i was wondering if you could speak to that. >> sure. anything that arrived yesterday

doesn't matter whether it's postmarked or not. anything that arrives yesterday is a valid vote and that's what pennsylvania law has always been. talking about the late arriving ballots? so the post mark first of all the way we did pre-paid post acknowledge in pennsylvania. we went to the counties where they are. if they wanted it to be through their business reply mail or wanted to have us reimburse them for stamps for metered post acknowledge. we did what they wanted. i don't remember how many but we could get you that information how many counties are using business reply mail. those are still postmarked. they have timing marks, they are date stamped. they are still trackable by date. so it's a tiny fraction of any of those things whether it's business reply mail or regular mail. we've all had that situation where you get a letter and it is not postmarked. it is rare, right? same for business reply mail. they do a timing mark so that's

it's not accurate. they are all stamped. >> it is one of those rare occasions would it be counted? >> under the current pennsylvania supreme court decision which is currently the law, yes. as long as there is no affirmative evidence that it was postmarked after 3. as long as it's received by november 6 at 5:00 p.m. it will be counted. >> sandra: it's my understanding the state's website is showing 18 counties with 0% mail-in ballots counted. is that accurate? do you have any insight into that? >> what i would suggest. sometimes counties are uploading on their own websites and haven't transmitted the file to the department of state. they have their own local races. i urge you if you see any -- this is what we'll do throughout the day. go to the county website. a great way to double-check. we will be following up with all those counties to say hey, you know, make sure you get us

the files. some of them this year because we had for the first time we had a website that would itemize the mail-in ballots from the provisionals. some of the counties when they uploaded the results merged the two types into one. they formatted it wrong. we are working through that to make sure the actual attribution of the ballots are right. >> there is a larger an expected number of counties that have reported. >> it doesn't mean they haven't counted. it may just be it is not uploaded to the department of state website. i urge you to check the county websites and see if that's available on their website. >> if i heard you correctly in your remarks it was between 2.5 and 3 million mail-in ballots. if you could speak with as much specificity as possible regarding that, that would be helpful. >> well, the numbers that i gave yesterday it was just under 2.6 million as i recall.

but again i'm not sure what has additionally come in. so as of yesterday, at some point it was just under 2.6 million that had been cast. and that's when i think i said it was 83% or something like that. so we can get back to you again. go on the website. you will have that information available to you. i just don't have it at my fingertips today. >> can you tell us how many mail-in ballots are outstanding by a county by county? >> it's on the website. go to the regular ern reporting website it tells you that you can click on the supplemental dashboard and you click on that and it breaks down, there is a tab for mail ballots that breaks it down by county how many have been cast, how many have been county and how many are remaining. there is a tab for in-person precincts reporting broken down by counting. how many --

>> sandra: you've been listening to pennsylvania officials and the governor give an update on the million plus votes yet still to be counted in that state. could come down to pennsylvania as we have those key battlegrounds still too close to call. the governor saying we may not know results in this state today. kind of expected. it could take several days possibly go into weeks. we'll see what happens. he said we'll make every vote count. officials are working to count all of those ballots that are left. an active process in pennsylvania and we'll continue to monitor it for you. >> trace: let's bring in bill mcgurn from the "wall street journal." fox news contributor. i don't know if you were watching this. i want to get your take on the breaking news in pennsylvania. really you have a gop-controlled legislature in pennsylvania. we heard from the democratic governor tom wolf. they're at odds over the law that you can accept absentee ballots coming in after election day and that's the

thing the supreme court decided not to get involved in for the time being. the question remains this is litigation that could mess up a lot of plans over the next five, six, seven days. >> yeah, i agree with that. i would say pennsylvania invited this kind of outcome and for things to be messed up with litigation by the way they changed the rules. my understanding when the supreme court-up held the court's decision on pennsylvania and the rules, my understanding was that that was just about a stay. in other words, they rejected the republican request for a stay. so that can be revisited. in that short period of time we now have amy coney barrett on the court. it could change a lot. this is the worst outcome where everyone goes to vote and then overnight people are counting votes, we don't know what's going on and results change. we should do everything to try to prevent that but again

pennsylvania and other states invited this. >> trace: did you expect, bill, for this race to be this close? i don't think a lot of people did. what about you? >> well actually if i could brag a little bit i d. i wrote a column that came out the day of talking to one of those pollsters who had called it for trump in 2016. he said look, the two big points -- problems he had this is going to be a narrow race, right? he thought trump would win but very narrow. and he dismissed the big blue waves that a lot of other people were predicting because of that. and i think he has been largely vindicated on that. some of these things were crazy. abc poll a week out had wisconsin up 17 points. and his point was that the polls were not capturing trump voters. they certainly didn't catch like the wave of latinos in florida and so forth.

so on that particular one i don't often get much right but i think i have a good record there. >> trace: kudos to you on that. so much more the landslide. it is already clear the biggest early losers are the pollsters. the mainstream media polls had mr. biden winning in a walk with the popular vote margin in the upper single digits. mr. biden seems likely to win the popular vote but the margin narrower than predicted and electoral college up for grabs. both parties know it's the measure of victory or defeat with the electoral college. >> fantastic. i didn't write it so i can say it was a fantastic editorial and gets right to the point. i think again we put so much -- we treat polls as though they're scientific. there is a lot of educated guesses that go into them about

the sample size. we shouldn't put so much faith in them before. but so many were just so lopsidedly wrong. >> trace: lastly, what was it do you think that pushed that lifted the president? was it the economy pre-pandemic? what is your thinking how the president lifted up at the last minute? >> well, i think our editorial said correctly that the growing economy that we had with great performance for latinos and african-americans and so forth, for all sorts of people, i think that helped. i think also there was a big movement among young people who just don't want to be shut up at home and they considered joe biden the candidate of lockdowns. >> trace: bill mcgurn, good to talk to you. thank you. >> sandra: thank you, the country and world watching as we await those key battleground states in the race to 270.

both president trump and joe biden fighting for that magical number, 270, the number of electoral votes needed to secure victory. our special election coverage rolls on. maybe buy a new car? record low rates have dropped even lower. use your va streamline refi benefit now. one call to newday is all it takes to save $3,000 every year.

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>> sandra: okay, trace. waiting on some key battleground states. >> trace: we see michigan 30,000 votes joe biden up with 96% of the vote in. fascinating. shows you this thing is far from over and it will go down.

>> sandra: nevada could get called a short time from now. pennsylvania could take days. we'll see. we'll be watching it all. it was a long evening last night. great morning this morning. we don't have an outcomet. we'll state away that. special coverage continues on the fox news channel. thank you for joining us. martha and bret. >> a few hours later the fight for the white house is still on. this election in overtime as we await the results in six big battleground states. good morning. i'm bret baier. >> i'm martha maccallum. as we get rolling again today this is where we stand in the race towards 270 electoral votes. president trump has 213 at this hour. joe biden has 238. we've got pennsylvania, michigan, wisconsin,