let's go out there and sock it to them. thank you very much. >> it's decision day in the united states. midterm voters decide if republicans will gain control of the senate for the final two years of president obama's term. the soda tax bubbles up. voters in a pair of california cities could be the first to approve its tax on the sale of sugary drinks. ♪ cool and pulling the plug. taylor swift's album popular online service has stopped streaming her music. this is the "cbs morning news" streaming her music. this is the "cbs morning news" for tuesday, november 4th, 2014. captioning funded by cbs good morning. good to be with you. i'm anne-marie green. americans go to the polls today in what is possibly the most costly midterm election ever.

a large number of races for the house and various governorships are too close to call but the big pie is for control of the senate where 36 seats are at stake. republicans need six seats to take control of the senate. our background tracker finds out if republicans have a better than even shot of taking control. susan mcginnis is in washington. susan, good morning. >> anne-marie, good morning. if republicans gain those six seats or greater in the senate as they are expected to, the gop will control the house and the senate for the first time since 2005. now, that prospect has democrats doing all they can to get voters out to try to save their majority. voters take to the polls today in an election that will determine which party controls the senate. turnout in midterm elections is notoriously low, but some polling stations have prepared for large numbers.

>> this is not -- fighting for voters there's so many incentives. >> reporter: republican kentucky senator mitch mcconnell is in a heated battle to keep his seat in the senate. >> this is a chance to begin to save this country. i'm counting on you. let's sock it to them, thank you very much. >> reporter: mcconnell will be in line for senator majority leader if republicans pick up at least six seats today. but first, he has to beat republican alison lundergan grimes. who like among other democrats have tried to distance himself from the president. >> spent $62 million to try to distance himself from president obama. he's not, i am. >> reporter: among nine battle ground seateds in the senate, search are held by democrats. while the cbs battleground tracker points to a republican win, the white house remains hopeful that its get out to vote effort will help democrats. >> i do think democrats will take the majority. >> reporter: the republicans

that take the seats will help to control president obama's final two years. now, it is possible with so many races too close to call and two of them potentially headed to runoffs, louisiana and georgia, we could be back here tomorrow morning, anne-marie, and still not know who controls the senate. >> yeah, it certainly could be a late night. susan mcginnis in washington, thank you. democrats are working hard to try and gain control at the state level. there are gubernatorial elections in 36 states. president obama has stayed away from competitive senate races but he has been campaigning for democratic gubernatorial candidates. in three states and the district of columbia, voters will cast ballots on whether to allow recreational or medical use of marijuana. cbs news election coverage begins tonight at 10:00, 9:00 central. and voters in the central part of the country can expect wet weather when they go to the polls today. a cold front is moving across the southern plains, texas and

into the lower mississippi valley. causing pockets of heavy rain, up to three inches in some areas. federal investigators say debris from the virgin galactic spaceship that exploded friday was found 35 miles from the launch site. the ship flew apart just five seconds after the ship deployed. a braking system earlier than expected, the pilot parachuted to safety but has not been interviewed yet. the co-pilot was killed. two korean automakers hyundai and kia are facing a largest penalty ever for a violation of the clean air act. $300 million. this follows a two-year investigation which found the automakers overstated the gas mileage claims on about a third of their models. they'll pay $100 million in fines and forfeit $200 million in greenhouse gas emissions credits. >> any company that misrepresents the performance of their test vehicles risks harming human health or the environment either by causing more pollution allowed for, as

happened in this case by claiming greenhouse gas emission credits that they did not earn. >> both companies blamed procedural errors. the white house said a no-fly zone imposed over ferguson, missouri, should not have restricted news helicopters covering the demonstrations following the shooting of michael brown. audio recordings seem to indicate that local authorities requested the flight restrictions to keep the media away. but the st. louis county police chief said it was the faa that contacted police first. and that his department was concerned about safety. and never requested that only the media be kept away. >> there were a lot of shots being fired in the corridors. some of those were fired at the ground. some of those likely went in the air. some of them were aimed fire. >> browns's shooting prompted weeks of demonstrations. the police officer who shot brown may face criminal charges. national security and health advisers meet with president obama at the white house today to update him on their response to the ebola crisis.

meanwhile, kaci hickox, the nurse who was briefly quarantined reached a settlement with maine. hickox defied awe quarantine when she returned home. she showed no symptoms and a judge ruled in her favor. the settlement allows her to travel freely in public, but she has to monitor her health. president obama signed a disaster declaration for the lava flow threatening homes on hawaii weighs big island. lava flowing from the kilauea volcano is moving slowly towards one small town. it's about 100 yards from one house and threatens about 50 others. the disaster declaration allows for federal emergency help with repairs and rebuilding of roads. minnesota vikings running back adrian peterson could reportedly reach a deal in his child abuse case. peterson is due in court in texas today. he's charged with injury to a child or using a wooden switch to discipline his 4-year-old son earlier this year. peterson faces up to two years in prison if convicted.

coming up on the "morning news," monumental controversy, why a memorial to apple's co-founder steve jobs was taken down in russia. and in "moneywatch," taylor swift's latest breakup. this time with the streaming service. this is the "cbs morning news." service. this is the "cbs morning news." . i'm phil mickelson, pro golfer. enbrel helps relieve pain and stop joint damage. i've been on the course and on the road. enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders, and allergic reactions have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. you should not start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if you have symptoms such as persistent fever, bruising, bleeding,

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rescue him, and he was treated and taken to the hospital. there was no fire or significant fuel leak. and the cause of the crash is still under investigation. a statue honoring apple's co-founder steve jobs has been taken down in russia. the monument which was in the face of a six-foot iphone was removed after current ceo tim cook announced he was gay. the huge iphone was dismantled because of controversial russian laws against what's called gay propaganda. on the "cbs moneywatch" now, honeywell's health screening under fire. and major retailers open extra hours for holiday shoppers. jill wagner at the new york stock exchange with that and more. good morning, jill. >> good morning, anne-marie. employees of honeywell are subject to penalties from the company if they refuse to take medical tests. a federal judge denied a request from the equal employment opportunity commission to block the program. honeywell's new health screening policy requires workers and their spouses to have wellness

medical tests, or face financial penalties. the case will move forward in court. the federal government is suing to enforce the second largest penalty the faa has ever given to an airlines. the $12 million fine was handed to southwest airlines in july over allegations the airline did not properly fix dozens of planes to keep their aluminum skin from cracking. the suit was filed after the justice department and southwest failed to reach a settlement. southwest disputes the faa allegations. well, here in washington today, investors will be watching earnings reports, including the first one from alibaba as well as september factory orders. the dow lost 24 points monday. the s&p was down a fraction. the nasdaq gained 8 points. kmart will be open on thanksgiving day earlier than ever this year. kmart will welcome holiday shoppers at 6:00 a.m. on thrg.

thanksgiving. stores will stay open for 42 hours straight. that's an hour longer than last year. and sears stores will open at their earliest time ever letting shoppers in at 6:00 p.m. on thanksgiving day. that's two hours earlier from last year. and taylor swift broke up with spotify. ♪ >> swift's number one hit "shake it off" was the most popular track on spotify. when it was pulled. the music streaming service dropped all of swift's music at her request on monday. other artists have said streaming services have cut into their album sales, but it may take more than taylor swift to sing spotify. >> it's going to take more than one artist. it's going to take more than two. it's going to take more than ten. it would have to be a large group of artists at that stature and they'd have to be vocal about it. >> spotify has launched a social media campaign to get swift to change her mind.

anne-marie. >> oh, i think there's a breakup song in there. taylor swift will probably end up being a mega hit anyway. jill wagner at the new york stock exchange, thanks a lot, jill. speaking of all things mega, the mega millions jackpot has been piling up for 20 straight weeks without a winner. tonight's jackpot is at least $321 million. that would make it the 20th largest jackpot in united states lottery history. if someone wins tonight and selects the cash payout, it would be worth $194 million. not bad. a look back at 35 years after the iran hostage crisis began. that's coming up. and it could be the last stand for the soda tax. voters in select cities will decide whether to approve an additional tax on sugary drinks. pain slowed me down. my doctor and i agreed that moving more helps

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today is the 35th anniversary of the start of the iran hostage crisis. in 1979, iranians invaded the u.s. embassy in tehran and kidnapped a group of americans. alphonso van marsh reports on relations between the u.s. and iran then and now. >> reporter: militants seized the u.s. embassy in tehran in 1979 as payback for america's support of the former shaw of iran. they took 52 americans hostage and held them in captivity. for 444 days. >> some iranians we spoke to time has flown. >> reporter: iranian journalist ansari hopes the more moderate

errani will help repair relations with the u.s. >> errani has realized and sections of the establishment has realized this cannot continue. iran's situation cannot continue. >> reporter: government conservatives in power since the hostage crisis say the west cannot be trusted because it is demanding an end to iran's nuclear development program. >> the core of the policy of the united states towards iran is that nuclear question. >> reporter: the anti-american sentiment that led to the hostage crisis can still be seen on the streets of tehran. every year, hard-liners return to the former u.s. embassy ground and yell "death to america." alphonso van marsh, cbs news, london. one of npr's" car talk" tom magliozzi has died. >> you got a car, you need tires. >> tom and his brother ray gave car advice on the radio for 25

years. they had a loyal following since the show was nationally broadcast starting in 1997. magliozzi died monday of complications from alzheimer's. he was 77 years old. when we return, soda on the ballot. voters in two california cities decide on measures today aimed at cutting down on the amount of sugary beverages that we drink. wn on the amount of sugary beverages that we drink. and teleport myself to aruba. i wish. ♪ ♪ ♪

♪ even if it's your last one, always share the softness of kleenex tissues. and share your kleenex care story at kleenexcare.com making a final push. the final showdown, and their message to voters. half of the planned south b bart stations may not be bu. why they're on the chopping block. and naked photos.. stolen a shared. now this former c-h-p officer.. is on the o side of the law. join us for kpix 5 news this morning... beginning at 4:3 ,,,,

forecast in some cities around the country. two cities in northern california are trying to pass the first taxes on sugary beverages in the u.s. san francisco and berkeley have similar tax measures on today's ballot. but danielle nottingham reports the soda industry is not giving up without a fight. >> reporter: if a soda tax has a

chance of passing anywhere, it's here in berkeley. >> berkeley is probably the most progressive cities in america. >> reporter: former labor secretary robert reich is supporting a 1% tax on sugary drinks called measure "d." he said it's time to encourage healthier choices. >> diabetes comes from sugary soft drinks and obesity is a huge public health crisis. it's costing our nation a gigantic amount of money. >> reporter: medical costs for treat obesity have soared to $190 billion a year, according to a recent study. but attempts to tax sugary drinks have failed in more than 30 jurisdictions across the country. the no on "d" campaign backed by the soda industry wants it to fail here, too. you think it's confusing? >> absolutely confusing. >> reporter: no on "d's" roger salazar says the law is filled with loopholes and will raise grocery prices.

beverage companies have responded big, pouring $2.3 million into their campaign of outspending their opponents 7 to 1. >> we don't feel, you know, at the end of the day, the voters will stand for it. >> reporter: tax proponents believe there will be a similar measure in san francisco, but things could be different in berkeley, the first city to ban styrofoam. the measure only needs a simple majority to become law which could make this city the turning point in the battle over sugary drinks. danielle nottingham, cbs news, berkeley, california. in sports, peyton manning, tom brady and ben roethlisberger have all grabbed headlines for quarterback play this season but one player is outdoing them all. indianapolis quarterback andrew luck now leads the nfl in passing yards and touchdown passes. of last night he throws four tds in a 40-24 blowout of the new york giants. the colts improve their record to 6-3. coming up after your local news on "cbs morning news," jim

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celebrities packed the funeral for fashion designer oscar de la renta. stars of the entertainment and private service for de la renta in new york city yesterday. during his five-decade career he dressed socialites, hollywood stars and american first ladies. de la renta died in october at the age of 82. more and more young athletes are suffering so-called overuse injuries. they happen most often to kids who specialize in a single sport from a very young age. the consequences can be devastating. sharyn alfonsi of "60 minutes sports" takes a look. >> reporter: pediatric surgeon ross pandia is subing in for his

operation for the children's clinic in california. >> three? >> three. >> is this a typical day? >> it's a typical saturday for me. >> reporter: all three operations are on young soccer players with torn anterior cruciate ligaments. a 12-year-old boy, an 18-year-old girl and 16-year-old mikaela behringer. today will be her second time in dr. pandia's operating room. a little more than a year ago he repaired the ligament in her right knee after it gave way after she ran down a hill. mikaela went through nine months of rehab and had barely returned at full speed when she was hit in a game and tore her left acl. >> are you still back on that game on the field right now? >> it's the only thing on my mind. >> do you want to get back out there? >> yeah. >> what's your gut feeling right now as you sit here today about

to get your second acl surgery? >> that i should get back on the field. you? >> i'm real passionate about it. >> reporter: mikaela is just one of thousands of female soccer players in america who suffered a torn knee ligament this year. >> you know, female soccer players, with multiple acl injures, just part of the sport by the time these kids are 12 or 13, they've had multiple acl injures. it's the norm now. >> it is crazy when the 12 year olds know what an acl is. i didn't know what an acl was. and i certainly didn't know anybody had surgery. but this is the new norm? >> it's almost like it's a surprise. >> you can see sharyn alfonsi's full report on "60 minutes sports" tonight at 10:00 eastern on showtime, a division of cbs. well, coming up after your local news on "cbs this morning," a look ahead to

election day. we'll hear from cbs news political director john dickerson. plus a report on how elite agents are trained to protect american embassies around the world. and how it's taking a gamble to reinvent itself. that's it for the "cbs morning news." i'm anne-marie green. have a great day.

,, linda macdonald is captioning for you in real time. and i'm frank mallicoat good morning, everyone. it's tuesday, november 4. i'm michelle griego. >> it's election day, everyone! good morning. i'm frank mallicoat. nearly 4:30. and we're going to get you to

those poll places with a little traffic and weather and the weather looking good. >> if you have to get out and vote today, it should be very nice. that rain is going to be staying to the north. these temperatures -- you may want to hang out at the beach in the next couple of days. we'll talk about that coming up. >> out the door we have your usual overnight roadwork this time both directions in petaluma from kastania to the petaluma river bridge and out to the bay bridge, so far just cash lanes filling in a little bit. not too bad. but a lot of roadwork in all parts of the bay so we'll tell you about it. >> that's your job. >> that's my job, yeah. [ laughter ] polls do open in 2.5 hours for today's elections. >> and kpix 5's phil matier reports, the leading candidates for mayor over in oakland got together for a final campaign push yesterday. >> we have one city in oakland that has incredible opportunity. and another city where we haven't invested very much at all. >> i am tired of people asking me whether or not