against mitch mcconnell and mitch mcconnell ended up winning his race by 13 points. $100 million could have helped a lot of house democrats but as kevin mccarthy said they flipped five and could expected more. thanks for joining us everyone. we will see you on "the daily briefing." bill hemmer? >> bill: thank you dana, we will see you in a couple of hours. it is november 4th and we do not know who will become president. this is so 2020, is it not? good afternoon, i bill hemmer after a long night. we expect vice president joe biden to speak any moment, minutes after fox news predicted he will win wisconsin, we expected a reef count after that as well. the trump team is still confident and they expect a news conference in philly this hour as the campaign calls for multiple legal challenges. at the moment, biden leads the

president and the electoral account but we are still waiting on results from five critical battleground states. nevada, michigan, pennsylvania, north carolina and georgia. both candidates say they are confident, and their path to victory. martha maccallum has analysis. jacqui heinrich reports, john roberts reports from the white house with team trump and that's where we go this hour. what are you hearing this hour? >> you mentioned there will be a press conference to talk about legal challenges there in pennsylvania, but the legal challenges have already started flying from the trump campaign. the trump campaign manager bill stepian announcing this afternoon that a a suit has been filed in michigan. he says "trump campaign has not been provided with meaningful access to numerous counting locations to observe the opening of ballots and the counting process is guaranteed by michigan law. we have filed suit today in the

michigan court of claims to halt counting until meaningful access has been granted. we also demand to review those ballots which were opened and counted while we did not have meaningful access. that lawsuit follows on the heels of the trump campaign announcing it's going to seek a recount in the state of wisconsin. he says there have been reports of irregularities in several wisconsin counties which raise serious doubts about the validity of the results. a recount is still a ways off and a recount cannot be requested until after the votes have all been canvassed and certified by the state. that process won't be done until december 1st. for its part the trump campaign is working on two tracks. one, to count all the votes that may still be out there for president trump and to come up to mount legal challenges to ensure that only "legal votes are counted. in a conference call the trump campaign and also there are enough legal votes out there for the present to win the election and even put numbers on it saying -- i'm not sure why

that's up. that's from another time. but putting some numbers on and saying that the trump campaign could win or president trump could win arizona by as many as 30,000 votes. and the president could win the state of pennsylvania by some 40,000 votes. based on the way that they see the mailing vote breaking. he is campaign manager bill stepian. >> we know there are anywhere between 1.2 and 1.4 million ballots yet to be counted in pennsylvania and we know there are upwards of 500,000 in arizona. there are 500,000 ballots to be counted in nevada and outlying republican counties in michigan and wisconsin, within 1%. >> bill: we are supposed to be hearing from joe biden in the not-too-distant comic distant future which will trigger an appearance by president trump.

we will see when the former vice president comes out, the president may not be far behind him. >> bill: i don't think you are wrong about that point. thank you john. jacqui heinrich, in wilmington, delaware. what are you hearing? >> the header of joe biden's website now reads, keep the faith. when all the votes are counted joe biden will be the next president of the united states. and for a person who is superstitious and doesn't like making predictions, that's really saying something. the campaign believes as of this morning that they could win four key states including wisconsin which was just called for by then, even with the recount that the trump campaign is demanding. they think nevada is in the bag, to come up with no outstanding balance which would change that currently it and they do believe they will ultimately take pennsylvania but it could take some time. georgia is looking like a toss up to them but the campaign says it still in play. it remained ballots in the area favor biden and they y are seeig

carolyn as a possible loss leading towards trump. the biden campaign has been very transparent about the data that they are getting in and also about how they intend to fight any incoming lawsuits. the way that they see it, the other side to come at the trump campaign is wanting people, wanting voters to think that the ballot counting process is a mythical. it rife fraud and cheating, not easy to understand. they tried to take the opposite approach, they laid out on a powerpoint presentation of the different suits they'd been seeing up until now and how they think the courts will rule on them so they are allowing people to have some sort of expectation is we all wait here. >> bill: i want to bring in martha maccallum, anchor of "the story" and "fox news sunday"'s anchor chris wallace. good afternoon to you. also good evening and good morning. chris, i saw you on the sidewalk at 4:30 a.m., you've made your way a couple hundred miles south

of here. where do you think we are right now? >> i think that joe biden is in a much stronger position than he was last night when we said goodbye at 4:15 a.m. to the presidency, the calling of wisconsin. he's at 248 that you can see her on the screen and that's 22 electoral votes away. it's real simple math now. six votes in nevada, 16 votes in michigan, and and he's ahead in michigan by 45,000 votes. if he just hold onto his lead, he's a 46 president of the united states. >> bill: martha what chris

lays out is precisely right, it is simple math and that's the reason why the trump team is pushing so hard back against arizona. >> so the question becomes how does joe biden prevent this? i would imagine he's not going to declare anything until he safely and that 270 category. that's where these recount questions begin to kick in, whether you are looking at wisconsin or georgia or potentially nevada. i expect when you hear from the president this afternoon, you will hear that they are ready to fight on a number of fronts and the longer that they can delay this outcome, and potentially by themselves some time, that's what they feel they have on their time side right now. you have to think about the way the president approached the last several weeks and in particular, those last days. canvassing across the country,

he's looking at the people he saw come at the faces he saw on those crowds in wisconsin and michigan and feeling very much that he owes those people a good fight and he wants to make sure that every single ballot is counted. it is clearly trending in the direction of joe biden right now but as we have seen there have been lots of twists and turns in the story so far and we are all along for the ride. >> bill: one of the things that happened in 2,000 was that george bush declared victory. then al gore came out and said i'm not going to concede at 4:30 a.m. in nashville. we learned another lesson four years later between george bush and john kerry. what's the strategy on behalf of the can to candidate? do you put your poll on the ground and stake your claim and say, i won, i got to get to me? is that what joe biden will do? >> i don't the kids going to declare victory in the race because he hasn't officially won in nevada. in 2,000, the gore campaign felt

desperately that they needed to get ahead in florida. they felt politically, psychologically and illegally that if they actually took the lead away from george w. bush in florida, it would be much easier to be able to hold onto a lead in court that it would be to overturn a lead in court. the advantage that biden has is not just that he is 22 electoral votes away but he has the lead right now in michigan. he's got the lead right now in nevada. so he's got that advantage. he's not the one saying i'm holding onto the leader, the trump campaign says -- and as far as counting all the votes, it's a slippery slope. in arizona they want to count all the votes. in michigan, pennsylvania and nevada they have filed lawsuits to try to stop the counting of votes because they are saying either votes should be thrown out or they want more access.

at this point the biden campaign is saying let's count all the votes and get to a final resolution as the trump campaign that is trying to stop the counting of votes in these three states. >> bill: my sense to both of you as this could be a protracted conclusion or it could come to a crashing finish at any moment. that's kind of the way these stories break. in 2004 we went to bed, we did know what ohio was going to do and they called ohio for george bush and it was over. i don't know martha, if that's what happens here, or whether or not you and i are still standing here on thanksgiving eve wondering who is going to win. >> i think at this point on the trump side they are feeling like there is a fight to be had here. whether or not that dynamic changes in the coming days or weeks, we will see. but there is no way that they are ready to say that this is

over at this point. as we've just been talking about they are launching numerous legal battles and they want full transparency on the account in michigan which both sides are entitled to have their people in there and have the kind of access that they believe is necessary. they will work every single angle that they can. they have fought long and hard and they believe that there is a path for them here. now if that path becomes untenable or it looks like there is no light at the end of the tunnel, then you are right. that's a change of conversation that looks like it can't -- there's nowhere to go at that point. but at this moment i think we are in for a pretty long haul. >> bill: i hope you guys like red bull or caffeine. whatever, you choose. nice to see you. we will go to the board in a moment and we will show you what we are hearing from the trump campaign about what they see on the map. also if you get a recount in wisconsin which is going to happen, what that looks like.

we will talk to the states attorney general as we wait for joe biden on the stamp act post election day wednesday afternoon. ♪

priceline works with top hotels, to save you up to 60%. these are all great. and when you get a big deal... ♪ ...you feel like a big deal. ♪ priceline. every trip is a big deal. arecord low mortgage rates have just dropped ♪ to new all time lows. veterans can refinance their loans with no income verification, no appraisal, and no out of pocket costs. one call to newday usa can save you $3,000 every year. you could start saving, beginning with your next mortgage payment. refi now at these historic low rates.

>> bill: a lot of things forthcoming this hour, the biden team will be in wilmington, wil, delaware, and quite a few family members. in the meantime let's go over to

the board right now. in wisconsin, the trump team is requesting a recount. the difference, the margin at the moment is about 21,000 vot votes. let's just call this up here and reset my board. now this is so 2020. i mean the machine works all night long. when you need it, the following day she tuckered out. good afternoon to you and thank you for your time here today. 21,000 i think is the last mark. how does the recount work in your state? >> thank you for having me. in wisconsin we have a process, and at that point the state would pay for it. in the case of the presidential election this year it's not in that margin so the president can request one since it's within a one percentage point margin but his campaign will need to pay for the recount if it happens.

before we get there though the votes need to be certified so they can be confirmed. after that a recount can be sought. from there the votes would be counted a second time and we then see what the results are. >> bill: let me clear up a couple of things here. jill stein paid for a recount, she paid $3.5 million and the vote margin between the donald trump and hillary clinton actually added votes to donald trump. i think it was 131 in 2016, though i have that right? >> we do. and we had a recount in 2011 following the supreme court election which will impact the overall result by a few hundred votes. the 20,000 plus vote margin we are looking at here will be far more than we have ever seen overturned by a recount. governor scott walker poured some cold water on the idea that the recount might change the result here but ultimately this is a decision for the trump campaign team to make.

>> bill: can you tell us how much of the vote is outstanding in wisconsin? >> my understanding is that there are only a few hundred votes outstanding i believe from one municipality. so the margin will change just a minimal amount before we have the unofficial results completed. >> bill: so you are making the case that joe biden will hold it on with ten electoral votes in wisconsin? >> unless there is something that happens in the certification process that shows a big change and there was some sort of error which is extremely unlikely. we are used to close elections in wisconsin and we do a pretty good job of making sure the results are accurate. unless there is that kind of error, it looks like the result will be what it appears to be right now. >> bill: so we were hanging on overnight for results in milwaukee county. are they all in now? >> yes. their central count location had a live stream and they have now

completed the count of those ballots. >> bill: okay. we got the machine working now, i'm not sure if you can see it but this is milwaukee which we were tapping on so often last night. joe biden is right now 70% of the vote. look at that. look at that percentage. do you have this information? is it 69.5 and she was at 69.6. are there more votes in milwaukee county to change this percentage or will it be this identical? >> wisconsin was very consistent in 2020 with what we saw in 2016. joe did just a little bit better and biden won by less than a percentage point. joe biden was ahead by less than one percentage point. >> bill: i think you sir for being here today and we will be

in touch with you and your office. here is the what if map right now. which is called wisconsin for joe biden and the last hour. as chris wallace is pointing out here, for biden at 248 if you were to take nevada, and it's super close by the way, 8,000 votes in nevada. if michigan is verified here or calls it, you are at 270. so keep an eye on that. for the trump team, they feel really good. they feel good about north carolina, it's breaking their way and it will stay in their column. i also feel like georgia is too close for them, however they feel confident they will hold on to the margin. we could see something like this develop in the southeast that we've been watching throughout the night. we will kick start this thing in a moment. control of the u.s. senate still up for grabs, some critical races right now that are too close to call. as our coverage continues post election day, come on back right

after this. these ar♪ not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage. that's how you do it right. usaa insurance is made just the way martin's family needs it with hassle-free claims, he got paid before his neighbor even got started. because doing right by our members, that's what's right. usaa. what you're made of, we're made for. ♪ usaa we're made for. at t-mobile, we believe you should get more. that's why we've merged with sprint. now it's about to get even better. and as we work to integrate sprint's network, our nationwide 5g keeps getting stronger. with the capacity and coverage to reach more people and places across the country. who says you can't have it all. now is the time for 5g.

now is the time to join t-mobile. do you know how it feels to live with schizophrenia? i am a good parent. jared? i'm hearing the most awful things, people shouting at me. it's ok. when you live with schizophrenia like us, it can feel like you're living in a different world. you should definitely talk to your doctor and ask about fanapt. ok. fanapt is approved for the treatment of schizophrenia in adults. in clinical trials, fanapt significantly improved symptoms of schizophrenia compared to placebo. cynthia, are you ok? i feel like everyone's out to get me. fanapt may change your heart rhythm which could elevate risk of sudden death. your doctor will consider this when deciding among treatments and may prescribe another medication first or may instruct you to take a smaller dosage of fanapt. remember you're not alone, there is help.

call 8557 fanapt

>> bill: at 325 east coast time, rolling on an republican susan collins of maine has won reelection by defeating a democratic challenger by the name of sarah gideon. it doesn't even look like it will be close. this hour, and we will check in with you this afternoon mike. where are we today? >> the balance of power is still being sorted out but that went by susan collins and the blue state of maine is significant.

>> i feel as if this is an affirmation of the work that i'm doing in washington to fight hard every day. [cheers and applause] to fight hard every day for the people of maine. >> two flips for democrats, john hickenlooper winning colorado over cory gardner and mark kelly winning in arizona over martha mcsally. a flip for the g.o.p. in alabama with tommy tuberville defeating democratic senator doug jones. sent majority leader mitch mcconnell sounds hopeful he will be holding onto the majority leader role. >> it appears that as of today, at this moment, that we are in a pretty good position in north carolina and maine. we may as i said earlier no later in the day how that turns out. if my math is correct if we win in north carolina and maine i am

still the offensive coordinator. >> north carolina was seen as a possible pickup for incumbent tom tillis facing kal cunningham. tillis has claimed victory but we await the final call. in georgia, one seat is going to a january runoff. kelly loeffler will face democrat rafael warnock. as for the house late night last night, speaker nancy pelosi's about holding them and will make a majority but there were upsets and it certainly wasn't easy. >> i'm here just to sing the praises of our house democrats and our candidates. not just in terms of numbers. not just about the quantity, it's about the quality of leadership that they provide for our country. >> this afternoon house g.o.p. leader kevin mccarthy said voters rejected socialism and chose freedom. >> as our numbers continue to grow, i think at the end of the day no matter where we end up,

we will be able to have a very big say or even run the floor when it comes to policy. >> mccarthy notably seven g.o.p. pickups on the house and others he's watching and feels confident about. >> bill: i think you mike. still waiting on results, critical swing states and the balance including battleground michigan. we are live there on the ground in a moment and we will let you know how that vote count is going in detroit. plus, our team breaks it down on what else we are watching on this post election day. a great panel coming up, next. as a go musica♪ they make you feel like it's an honor for them to help you out. i went from sleepless nights to getting my money right. so thank you. ♪

my psorii had enough!s pain? so thank you. it's not getting in my way. joint pain, swelling, tenderness...much better. my psoriasis, clearer... cosentyx works on all of this. four years and counting. so watch out. i got this! watch me. real people with active psoriatic arthritis look and feel better with cosentyx. cosentyx works fast for results that can last. it treats the multiple symptoms of psoriatic arthritis, like joint pain and tenderness, back pain, and helps stop further joint damage. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor about an infection or symptoms, if your inflammatory bowel disease symptoms develop or worsen, or if you've had a vaccine, or plan to. serious allergic reactions may occur. i just look and feel better. i got real relief with cosentyx. watch me! feel real relief. ask your rheumatologist about cosentyx.

irresistibly smooth chocolate. ♪ to put the world on pause. lindor. made to melt you. by the lindt master chocolatier.

>> bill: a bunch of things moving this hour, one team saying they will push a legal challenge in p.a., more on that with andy mccarthy. bill stepian declaring victory in pennsylvania getting up from john roberts moments ago. we are on standby for wilmington, delaware, to see joe biden so that's coming up and at the trump event in

philadelphia has been postponed. how long that's postponed we do not know but stand by, and all that. the battleground now, massive mailing voting numbers further complicating things and we said it would become picketed and indeed that is the case. when we came on the air last night we pleaded with you to be patient and wrestle at that point. chris stirewalt, katie pavlich, jonathan swan, they join us to give their analysis. first, wayne county, michigan. workers counting ballots find you matt, how's it going? >> the situation here is growing a little more heated. there are allegations inside of this room. there are voting challengers here who have been telling us that they feel there is not an equal number of republicans and democrats in this room. a short while ago president trump's campaign says it has filed a lawsuit here in the state of michigan arguing that it has not been given meaningful access in numerous locations to observe ballot

counting. there are people outside who want to get in and some of these windows have been taped, they been covered up. a few people have covered up these windows which allows people in the public to view the absentee ballot counting process here and no one hasn't really identified who taped these windows. michigan secretary of state insists to us that the process here is moving along consistent with state law and she is starting to respond to some of these allegations. >> the bottom line for us as we are focused on getting this right and we are focused on getting this right in a way that can withstand any court challenges. i would also mention we have seen this not just in michigan but other states, a lot of times court challenges and allegations turned around to for their political agendas asked opposed to actual legal claims. so we are mindful of them. >> not long ago that woman come at the michigan secretary of state so there are about 100,000

remaining absentee ballots that had not been counted. we anticipate that number is much lower now because all these ballots are being counted. the majority of the absentee ballots she says will come from here and it detroit and also the grand rapids area. we know president trump won in the grand rapids area so those ballots may help him out here. but in general uncounted absentee ballots will help here in michigan. >> bill: we will bring in katie pavlich, chris stirewalt and jonathan someone from axios. you guys have had long nights and now you're in for a long day. in all likelihood. katie, where do you think we are now? >> it's obvious where we are, we are in the land of both sides declaring victory. there was talk last night about president trump declaring victory that you had today joe biden's attorney same the same thing. we are in it for the long haul, when it comes to lawsuits and a number of these different states, pennsylvania, wisconsin,

michigan. there will be lots of questions from the republican side about why we are not seeing transparency with the vote count, especially given that the vote count is taking a long time. the left isn't setting it up so there was chaos going into the election which the president has tried to seize on. this will take a long time, lots of different lawyers and lots more fund-raising going on in the next couple weeks. >> chris, what do you think? >> we haven't seen any evidence yet that there something wrong, just as katie alludes to come in every election both sides are going to say, we have a lawsuit. you can't fire me, i quit. and that's going to be what you will get in every close election. one good way to think about what's going on now is we flattened out the time curve over two days. we are just about halfway through election night and we have drawn things out. michigan is ripening. the vote count is really coming

in. we are matching it up with our models to see how that turns out. we are in a stall space in nevada because we are down to just very little vote in the margin is very tight. >> bill: 8,000. >> you are down to the nitty-gritty there. then pennsylvania, you pick them. we have millions of votes out across these remaining six states, georgia is as tight as possible so we are really just getting to about the halfway were two-thirds point through the process. >> bill: jonathan swan. from your perspective? where are we? >> the trump campaign is very aggressively trying to litigate this election but it's important to put it in perspective. they are pushing for a recount in wisconsin and the last time i checked biden was ahead by about six tenths of a percentage point. chris stirewalt might correct me, it might be slightly different different. but recount historically, i'm not aware of the situation in

which a statewide recount has produced that kind of a turnaround. we are talking usually about hundredths of a percentage point. pennsylvania, they are trying to take this to the supreme court to stop ballots arriving after election day from being counted. there's all of this talk about the legal strategy and the lawsuits but it's not at all yet clear to me that that's going to be consequential in deciding this election. >> bill: katie, you are from arizona. the trump team even late today, there is still saying bye tonight you will get another dump of votes. they think they are tracking with the republican governor doug ducey to deliver that and predicting victory in arizona by the end of the week and maybe even tomorrow. it's your state, what are you hearing? >> the governor's office is saying there are still 500,000 outstanding votes. the secretary of state who is democrat was on a radio interview today urging caution for any side to be celebrating

any kind of victory in arizona. the trump campaign's banking and has repeatedly never backed down from this idea that they can win arizona. when i pressed some of the sources on that and said how can mick sally be down 18 percentage point in a state with trump winning, they are so convinced he can win with late breaking in maricopa county given the early voting that they saw on behalf of the republican president. so we are still waiting for those results to come in and i asked when they think they will be done with counting those votes and tallying them up. we have not gotten an answer yet but we are still counting on arizona. >> any chance you could get a reversal? >> it's very far-fetched to think that the president would get a share of them. these are maricopa county votes and he would have to be doing 50% better basically than he has done in order for this to be the case. we see no evidence that that is true nor have we seen evidence presented by the trump campaign that this tranche of votes

should be different than other early votes in any significant way. i think a lot of this is them trying to prevent a narrative. and they feel like they've got a better narrative. and they start to feel uneasy when the fox call came in and now it's just fight fight fight, not conceding anything and not giving an inch, fighting for pennsylvania and doing whatever they can through lawsuits and litigation and holding on to

hope that arizona turns their way. i'm not going to say that they are foolish. when i talked to my sources in the trump campaign or in the white house, i would say they are more bearish than anything else but they are still holding out this hope that they can turn this around. >> bill: thank you jonathan, thank you chris. thank you katie. in the meantime, the trump team filing lawsuits in pennsylvania to stop counting ballots for now but that is not stopping hundreds of volunteers from counting and counting. we will check in with the manager of lucerne county which president trump went through into thousand 16 after going for barack obama twice. so what will happen in 2020? ♪

it's so good to see you. you too! so really, how are you? oh well, look! that's what we're both taking right now, fanapt. you know it's really been helping me manage my schizophrenia. i used to hear these terrible voices. loser! you're such a failure. you're so embarrassing. i used to feel like everyone was staring at me. but we're doing much better now, right? yeah. fanapt is approved for the treatment of schizophrenia in adults. in clinical trials, fanapt significantly improved symptoms of schizophrenia compared to placebo. fanapt may change your heart rhythm which could elevate risk of sudden death. your doctor will consider this when deciding among treatments and may prescribe another medication first

or may instruct you to take a smaller dosage of fanapt. the good thing to know, is we're not alone. call 8557 fanapt

>> bill: illustrate what's happening in lucerne county. you are right here next to lackawanna county. president trump doing about 59% of the vote there just for comparison sake in 2016, and at 60% so maybe there's still a bit of a margin of there at the moment. he flipped this county that had gone for barack obama in 2012 come up twice in fact. how much of your vote is still outstanding? >> we really only have about 10,000 mail-in ballots left to count here in lucerne county. our staff has been working nonstop from 7:00 a.m. yesterday and we feel like we will have everything done if not tonight then early tomorrow. >> bill: what about the mail-in ballot law that allows you to receive ballots if cast

yesterday by friday of this week, will that be factor? >> we have been segregating those and we are ready to go on those if there is a legal challenge but today's mail only brought about 200 of those in. when you look at the incredible amount of votes cast, you would think between 250 and 260,000 but 200 a day i don't think will raise a big alarm. >> bill: what does that tell you about how people were voting there? >> first off we had a big turnout in the polls. people were busy all day long at the polls. then these mailing ballots came in nonstop throughout the entire process. people in lucerne county want to devote and there has been a lot of attention because of people who went for obama twice, and now we are back at it. obviously 2016 for president trump and it looks like a pretty heavy president trump victory at this point. >> bill: thank you for your time and we will see how it go goes. i want to bring in former

attorney andrew mccarthy. obviously the legal challenges of the trump team, let's pop out here and i will show you the rest of the state. legally, what grounds do you have right now? what do you go after from a law perspective? >> the big issue there bill as you just discussed were the mailing ballots. the state supreme court changed pennsylvania statutory law to allow these three extra days of counting. not of voting, but counting. the big issue is, under the constitution that's really the state legislature's responsibility and not the courts. so was it legal for the court to do that? the important thing to remember is unlike most judicial tribunals, the supreme court is the master of its own docket. so it does not have two take the pennsylvania case.

it has been trying not to take it for i think probably three weeks now, really bending over backwards to avoid having the court intervene in our electoral politics. what i would be fearful of and the reason i think president trump would be better suited having the lawyers discuss this stuff now rather than making public statements, it's obviously the court does not want to be near the case. if he makes the comments more tumor in her killer, when that justice is on the court, when we say we don't want any part of this, why don't we just sit back and let it play out and maybe we won't need to get involved at all. >> bill: can you help me with a clarification. the u.s. supreme court kicked it back to the court in pennsylvania. what did the state law say about that? >> there are two different

cases. well, it's the same case to different times. the first time you are right, they kicked it back. the reason they kicked it back was the republican party moved for a stay of what the supreme court had done in the law. the supreme court drew a 4-4 tie during a period of time when there were only eight on the court. the effect of that, the court didn't actually do anything but the effect of the 4-4 tie was paralysis, they couldn't act. what that means it as a matter of law is that the state supreme court's decision was undisturb undisturbed. then last week they came back, the republican party dated and said to come up want to talk about the stay anymore. now we want you to rule on the merits and we want you to do it on an expedited basis to try to get this resolved before election day. the whole court, all eight justices who participated said there wasn't enough time to do that before election day but

justices alito, thomas and justice gorsuch basically said we could still hear it on an expedited basis after the election. so segregate all of these ballots that come in after november 3rd and that way the status quo will be preserved and if we have to we can decide whether these ballots count or not. >> bill: a great explanation. thank you. we will see if they get another bite of that apple so to speak. this is pennsylvania and in a moment we will come out to the map and head down to georgia. this is super close right here, about a point and a half in georgia. the president is ahead but the fox decision desk says it's too close to call. we will break down the board for georgia and more as we continue in a moment. ♪ some of them are giving their lives right now, today, for the freedoms that we have here in this country.

so for us, at newday to help those people at this point in time. it's a labor of love, it's a noble service, and that's what we're all about.

[ engine rumbling ] ♪ [ beeping ] [ engine revs ] ♪ uh, you know there's a 30-minute limit, right? tell that to the rain. [ beeping ] for those who were born to ride, there's progressive. ♪ >> bill: battleground georgia, we will check with

jonathan serrie. this is where the action has been. this is fulton county. joe biden with an expected lead to there. more than 70%. we were told the county east of atlanta, clayton county, not as many votes there but a strong percentage. look, these are blue counties and we expect them to run up. the problem at the moment is that the vote is not conclusive. jonathan serrie is keeping us track that one. good afternoon. >> they are counting the numbers as we speak. right now we are at state farm arena and behind me you see county election workers counting the ballots, scanning them, they started counting yesterday, but a water pipe burst in the room. it didn't damage any ballots but it delayed the count for several hours in georgia's most populous county. they scanned 100,000 ballots yesterday before breaking for the night and then resumed

around 8:30 a.m. with approximately 42,000 more ballots to scan. >> we had always planned on having the final ballots being scanned on wednesday. that was always the plan to go through and finish today. >> ballot counting is ongoing, joe biden is expected to do well there in all three of these metro atlanta counties. meanwhile, george's top election official is urging all counties to finish their tallies by the end of today. >> bill: thank you. jonathan serrie. before we close out the program i want to give you a sense of where we think we are right now. this is the scenario. at the moment with arizona hanging in there, joe biden is at 248 at donald trump is at 214. a difference of about 8,000, too

close to call in nevada. they're pushing hard there. we'll see if that makes a difference. back here the east coast, they g pot and you look at that and you think, that's another part of the battleground scenario here. when you get into a situation where it could make a difference between winning and losing, the 16 electoral votes to cut more prominently than before. hear him wha to is what i'm hea. georgia is closely what we like but we will hold it. that's in georgia, the peach state. north carolina, it appears right now that they are confident in the words of one campaign official that they will be able to win the 15 electoral votes in the tar heel state. with nevada still on the board, razor tight. michigan has yet to be called.

they state of pennsylvania, no one has anticipated that we can make a call on. as we move in the coming days and the legal challenges, what happens with the ballots between now and friday through the process that andy mccarthy was describing? we find ourselves in a situation where ultimately if it takes days or even weeks, do you win pennsylvania? if you do, you're still at 265. now the scenario becomes more and more significant. nevada, that would do it. too close to call, 8,000 votes as the difference. they've been debating arizona with us for about 18 hours. we are told around 10:00 east coast time we are going to get another dump in arizona and they're confident they will make up ground in arizona. at the moment we -- it's blue of the moment. listen to, stay with us.

we'll keep you posted in the as map changes add to the way things develop. we will make sure you know as soon a week and figure it all out. it's 2020 after all. good luck, america. see you throughout the evening. here is neil. pretty good day on the market. check it out. >> neil: thank you very much. read it and, who makes the leap? you're looking at a map of the united states. who becomes our next president of united states. right now joe biden with a pickup of wisconsin and now waiting to address the nation. he is within 22 points. 22 electoral votes hoping the next president. that would change things mightily, declaring wisconsin for him. he picks up michigan, he picks up nevada, some combinations there. he's t