updates and watch cb good morning to you, our viewers in the west. welcome to "cbs this morning." it's thursday, november 5th, 2020. the presidential race still too close to call, but overnight, joe biden edges closer to victory while the president's path narrows. how the president's legal challenges are intensifying. >> protesters take to the streets nationwide in the fight over votes. why they are chanting count the vote in some places and stop the vote in others. >> the battle to control the senate hangs in the balance. the big races that remain undecided and the changing political landscape in language. >> and it's a stressful time in america. we have some tips for coping with all that anxiety and a guide on how we've made it through close elections before.

>> i'll be listening with both ears. first, here's today's "eye opener." it's your world in 90 seconds. >> i'm not here to declare that we've won, but i am here to report when the count is finished, we believe we will be the winners. >> joe biden within striking distance of the presidency. the trump campaign gears up for legal challenges. >> we are going to file suit in pennsylvania. it's a shame that we have to do that. >> lawsuit schmasuits. we haven't seen evidence there's something wrong. >> control of the u.s. senate still hanging in the balance. >> democrats would have to win two of the three remaining toss-ups to take control. it won't be easy. violence erupted across portland. the oregon national guard has been deployed to the city. >> all that -- >> if you need a break from the election, rick is here to make you smile. ♪ ♪ never gonna around and desert

you ♪ >> and all that matters. >> there's one thing we did learn last night is that pollsters don't know [ bleep ]. >> the polling was even worse than in 2016? how do the polls just keep getting worse? what are they, the new york knicks? >> bottom line, don't trust any industry that calls you on your landline, okay? >> on "cbs this morning." >> some courageous souls are pushing for common ground, specifically the gap which debuted a new blue and red hooded sweatshirt using the tag line, the one thing we know is that together we can move forward. gap got backlash for this tweet. nothing good happens when you try to force together two opposing sides. we here at the late show learned that when our laboratory tried to combine the two parties mascots. >> kill me. >> he's fine. >> this morning's "eye opener" is presented by progressive.

making it easy to bundle insurance. >> is he fine, steve? that was creepy looking. >> that was creepy. as you see, we are still here at our election center. we want you to know the process is working. we have to remind you again, please, please be patient. they are counting the votes. that's where we'll begin. welcome to "cbs this morning" from the cbs news election headquarters in times square in new york once again. >> we can come together in laughter, if nothing else. >> i'm feeling good. we're going to plow through. we're going to get through this together, honestly. more than 24 hours after election day, we still have no clear winner in this presidential race, but joe biden is ahead in electoral votes. leading president trump 253 to 213. we are paying special attention today to nevada, arizona and georgia. if he wins any two of those, he will get to 270. that's the number required for victory. biden is also way ahead in the

popular vote with more than, listen to this number. 71 million people. that's the most any of presidential candidate in history. >> we're also tracking different reactions from the candidates. president trump is suggesting there has been fraud without any evidence and he's also making legal challenges. by contrast, joe biden is calling for patience. ed o'keefe is following all of this. good morning to you. what do the numbers tell you this morning? >> right now both arizona and nevada are leaning towards former vice president biden. and with those electoral votes he'd be right at the 270 needed to win. he wouldn't even need pennsylvania. the biden/harris campaign is feeling so confident it's already launched its presidential transition website. >> i'm not here to declare that we've won. but i am here to report when the count is finished, we believe we will be the winners. >> speaking in wilmington, delaware, former vice president joe biden said he believes he's on the verge of history. >> i'm very proud of our

campaign. only three presidential campaigns in the past have defeated an incumbent president. when it's finished, god willing, we'll be the fourth. >> biden's chances of reaching 270 electoral votes dramatically improved with projected wins in wisconsin and michigan on wednesday. and he delivered the same message he's been running on since he announced his candidacy. >> once this election is finalized and behind us, it will be time for us to do what we've always done as americans. to put the harsh rhetoric of the campaign behind us. to lower the temperature. to see each other again. to listen to one another. >> reporter: but president trump isn't backing down. while he had no public events on wednesday, he took to twitter to make multiple misleading and false statements. he claimed victories in pennsylvania, georgia, north carolina and michigan. this despite evidence to the contrary in michigan and no

official race calls yet in the other states. the president's campaign is also launching legal challenges in georgia, pennsylvania and michigan and is demanding a recount in wisconsin. the trump campaign strategy has been contradictory. on the one hand in states the president is trailing in, like arizona, they say the number of votes yet to be counted will put the president ahead of biden. but in states where the president is ahead, like pennsylvania, the campaign wants the votes to stop being counted. mr. trump dispatched his son and members of his legal team to the keystone state on wednesday where more than 760,000 cast ballots have not yet been counted. >> it's not fair. this isn't democracy. >> reporter: ultimately, they want the u.s. supreme court to stop pennsylvania from counting mail-in ballots received by friday, even if they were postmarked on election day. the high court previously refused to do so. the dueling strategy by the trump campaign is trickling down to the president's supporters.

in detroit, protesters chanted outside of ballot processing centers as the trump campaign sued to stop the count of ballots in michigan until they say election observers are given better access. but election officials say the challengers from both parties were already inside the room. in georgia, the trump campaign is suing to ensure votes by mail received after 7:00 p.m. on election day are not counted. the lawsuit alleges a republican poll watcher witnessed a poll worker bring a stack of ballots from a back room and mix them with ballots tock counted. as with the rest of the legal challenges, however, there's been no evidence provided by the trump campaign. >> typically ballots are kept in other rooms before they are processed depending on state law. it's not unusual. there's accusations here that counseled like something that they are not. >> sounds like it's nefarious. it is not. >> it's all going to be sorted out. and there are poll watchers from both parties observing. most of these secretary of state

offices have bipartisanship built into them. >> this is a process we don't typically see because races aren't typically this close. but counting does go on after election day. quite normally. >> that's right. ed, thank you. now to arizona where pro-trump demonstrators gathered outside the building where votes are being counted in maricopa county. at this hour, joe biden maintains a slight lead in that state, although the race has narrowed. jamie yuccas spoke to arizona's waiting for results. >> reporter: supporters of president donald trump voiced their frustration late wednesday with the ballot counting process outside the maricopa county elections department. the protests were largely peaceful, but police dressed in full tactical gear blocked entries to ensure the safety of those counting votes inside. they escorted employees to their cars once their shift was over. about one-third of the crowd appeared to be armed, including

erin. >> are you hoping to get inside? >> oh, no, ma'am. no, just to voice our opinions. >> reporter: and many expressed fears that their votes were not being counted. >> they literally are trying to steal this from us. >> reporter: maricopa county is the second largest voting jurisdiction in the country. and they say they are making sure each and every vote is counted correctly. earlier this week, we spoke to officials who explained some of the security measures in place. the elections department has 24/7 webcams monitoring ballot counting and can be accessed publicly on their website. if there are any questions about a ballot, two people, one republican and a democrat, will try to sort out the voter's intent before it can be tabulated. and the machines that count the ballots are never connected to the internet so they cannot be hacked. >> we're doing everything possible to make sure that we have a safe, a secure and accessible election. >> reporter: protesters are also concerned over a viral facebook video where a voter claimed

ballots weren't being counted because they were filled out with a sharpie. the republican state attorney general is investigating, but election officials call this misinformation saying sharpies are not a reason to invalidate a ballot. >> jamie, thank you. for a fuller understanding of where things stand and where they might go, we have chief washington correspondent major garrett, guru of the big board today. >> gurus specialize in meditation or contemplation. i can't guarantee any meditation. let's start at the top. 68 electoral votes have yet to be allocated or projected. keep that number in mind. i'm also going to walk you through what joe biden needs, the former vice president, to win. he's 253 with 17 he'd get to 270. donald trump is with allocated electoral votes at 213 with 57 he'd get to 270. i'm going to walk you through gradually each state that hasn't been declared and what the vote margins are and what remains to

be counted. nevada, biden has an 8,000-vote lead. 202,000 ballots remain to be counted. we have that in lean biden because we believe most of that count will come from net biden parts of nevada. let's go to arizona. the former vice president has a l lead of 70,000 votes. we also have that lean biden because of the places where those votes will come from. if, let's just stop right there. this is six electoral votes in nevada. 11 in arizona. that's 17. if joe biden holds these two states, that's 270 right there. let's go to the remaining part of the map. georgia. donald trump is in the lead by 20,000 with 223,000 votes to go to be counted. in north carolina, the president has an 80,000-vote lead. 292,000 votes remain to be counted. in pennsylvania, the president has a 200,000-vote lead with 801,000 votes remaining. here's the tricky part for the president. he still has a path to re-election. but he has to claw back nevada,

claw back arizona, win georgia, win north carolina and pennsylvania. without pennsylvania, tony, even if he wins all of this, he is still just short of the 270. >> he's got to run the table. >> he's got to run the table. all the former vice president needs is nevada and arizona. everything else is icing on the cake. >> the reason we have not projected a winner in these five states is because we still see a viable path for either candidate to take it. >> there's a viable path for both candidates. it's more complicated and complex for the president than it is for the former vice president but there are votes to count, and the margins are close. what do we want to do? count the votes accurately. make sure they are verifiable so that we'll know what this path is and who was able to win it. >> we got word from the secretary of state in georgia that they expect their count to be done by midday. so we might be able to fill in some of the gaps there. otherwise it's a waiting game at this point. >> it's a waiting game for those watching and for the verified

results to be presented. >> the margins are so close and the outstanding vote so large, that's why there's the possibility for change across the board. >> exactly. for the president of the united states, pennsylvania, which he has already declared he has won, which no one has projected and no one in pennsylvania has said, but you look at that 200,000, 800,000. he might be on way to winning pennsylvania but he's got to get everything else. >> yeah. the candidates do not declare the victory that states certify. i want to linger on pennsylvania. we've got jericka duncan in philadelphia. jericka, what everybody wants to know is, how is the counting going and when might the numbers be final? good morning to you. >> good morning. i wish i had a crystal ball to give you a clear answer. election officials are not giving a specific timeline. this is what's making all of this very hard. but we do know that there are roughly 763,000 mail-in ballots that have not been counted yet. and as we've been reporting here, in front of the

pennsylvania convention center, inside you have over 100 election workers that are hard at work counting those mail-in ballots. about 166,000 of those mail-in ballots still needed to be counted. when you combined philadelphia and pittsburgh, two very big cities here in the state of pennsylvania. while there have not been any irregularities or major problems reported, the trump campaign is demanding better access to locations where ballots are being processed and counted. the president saying that he would challenge the results if he loses here in pennsylvania. but the pennsylvania attorney general saying that there is transparency. observers from both parties are already monitoring the process. when you think about pennsylvania, why this is such an interesting state to watch, not just because it's a potential pathway for the president, but from 1988 to 2016, it was blue until the president turned it red again in

2016. and interesting to note, gayle, this morning i woke up watching the local news coverage. it's not the campaign ads we're seeing but literally ads telling people to let the election workers count. >> yeah, jericka, anthony and i were just saying that. look how hard these people are working to know that everybody wants to get this right. everybody does. thank you, jericka. in our next half hour, we'll be talking with pennsylvania's attorney general, josh shapiro. president trump is demanding a recount in wisconsin. democratic candidate joe biden leads by just over 20,000 votes there. and cbs news projects biden as the presumptive winner. adriana diaz is in milwaukee tracking the results and has that part of the story. good morning to you. >> the trump administration says they have requested a recount, but the rules in wisconsin laid out in these pages say recount requests can't be officially filed until after the counties

here reverify their results. and that may not happen for about two weeks. in wisconsin, the law does allow a candidate to request a recount if the margin of victory is less than 1%. biden does have less than 1% more votes, but just as a reminder, so did president trump when he won this state in 2016. his campaign is calling for a recount now citing voting irregularities but so far hasn't provided evidence. the state's top election official said any claims that this election was anything less than a success is an insult to election workers. officials here in milwaukee county tell us they plan to meet next week to figure out how a recount in the time of covid would even happen. what would it look like? how could they do it, how quickly, while keeping people safe. the county is moving on to the next step in the election process. and that is double checking their results. that's normal operating procedure. that starts today in the building behind me. anthony? >> adriana, thank you. we're tracking other news, including a new u.s. record for

coronavirus cases. more than 100,000 in a single day. public health officials have reported nearly 9.5 million covid infections in the u.s. since the pandemic began. the virus has killed more than 233,000 americans. more than 1,000 deaths were reported just yesterday for the second straight day. that has not happened since early september. experts say we should expect even more infections as we head into the winter. ahead -- the anxiety over the election uncertainty. we'll hear from voters and check on the protests from both sides over the effort to count the votes. first, it is

there is much more news ahead for you. the race to control the senate is still not resolved. we'll look at the key races that could determine which party comes out on top. plus -- the rich american history of close presidential races.

john dickerson remembers some of the most controversial results from the past 60 years. have we been here before? we'll talk about that. you're watching cbs "this morning." we thank you for that. we'll be right back. downtherecare with cottonelle.

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that's coming up, but your local news is next.

good morning. it's 7:26. i am michelle griego. several 49ers force the to sit out tonight after wide receiver kendrick bourne tested positive for covid-19. contract tracing led the team to other wide receivers and left tackle trent williams. tonight's game against the packers is set for 5:20. in richmond a sneaker store was hit by looters. there is no word yet on arrests. san lorenzo, big 5 sporting goods targeted by looters. a witness tells us he saw multiple suspects walking out with long rifles. still a busy ride at the

bay bridge toll plaza. expect a slower than usual ride as you work out of the east bay into san francisco. yellow zone on 580 east shore and highway 4, morning ride pretty typical through the altamont as well as out of antioch to the east shore freeway. they just cleared a trouble spot. it is looking a little better for that ride heading to the golden gate bridge. mostly sunny skies looking at san francisco. dense fog for parts of the south bay, down to a quarter mile in san jose. as we head through the afternoon, one more day of mild above average temperatures with mid to upper 70s to low s inland.

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welcome back to cbs "this morning." to be counted if they're postmarked by election day. trump campaign lawyers are demanding "meaningful access" to review ballots that have already been counted.

pennsylvania attorney general josh shapiro says the vote count is fully transparent in addition to the presidential race, he's waiting for the results in his own re-election bid. we welcome the attorney general. good morning. thanks for being with us. >> good to be with you. >> how many votes are left to count and what kind of guideline can you give us as to what the breakdown of those votes is, attorney general? >> absolutely. good to be with you this morning, and i recognize the people of pennsylvania and the american people want answers from pennsylvania. i can assure them maybe going a little slow but it's going very, very smooth, and i want to give a shout-out and thanks to all of the clerks who are just working overtime right now to get this done. you know, the secretary of state yesterday i think gave the best indication in terms of the ballots that are left and how it's going. she indicated that the vast majority of those ballots would be done and counted today. so i think you'll have a better sense where pennsylvania is likely to land later today.

in terms of sort of predictions and all of that, i'm not a pundit and not going to get into all that. my focus is making sure it's a smooth process, that the law is followed and that all legal votes are counted. that's exactly what's happening here in pennsylvania. >> is what's left to count mostly mail-in ballots and can pcounties they're from?e what what areas? >> yes. it's hard to say. i mean, a number of the public reports indicated that they're largely mail-in ballots, that there's a good chunk from southeastern pennsylvania and allegheny county where pittsburgh is. iwant to caution you and the viewers, i'm not tracking that. that's the secretary of state's job, and i think the best thing we can do right now is to be patient, let these great clerks do their jobs. i recognize everybody's on edge. my kids keep waking me up asking what's going on. everybody wants to know. the best thing we can do is get an accurate count and make sure that these legal votes are counted. that's exactly what's happening here in pennsylvania. >> the president has already

claimed that he's won pennsylvania. law, and the chief law enforcement officer of the commonwealth, their job to enforce that, make sure legal votes are counted. when they are that the will of the people is respected, and that's the process we're going through right now. i think it really does a disservice to these community members who are doing the county, does really a disservice to the commonwealth and the country to make those kinds of predictions or proclamations. look, here's the deal. we don't need spin anymore. the campaigns are over. what needs to happen right now is for us to have some patience, to do a count and to make sure it's accurate. that's what's happening here in pennsylvania. >> the trump campaign is asking the supreme court to join an appeal to throw owl mail-in ballots received up to three days after election day. talk us through that law quickly if you can and why it exists?

>> real quick. so our pennsylvania supreme court heard this issue, you know, several weeks ago, and determined that if a ballot was postmarked by election day and received up until friday, tomorrow, add 5:00 p.m., that it's a legal vote and it's going to be counted. on two separate occasions republicans and those aligned with the trump administration asked the united states supreme court to step in and reverse that, and on two separate occasions they refused to do that. it would appear now that the trump campaign's trying to get the united states supreme court to take it up a third time, and we obviously don't even know if they would take it up. my message here in pennsylvania is very simple. follow the law. and the law says that these ballots that were postmarked by election day and received up until friday are legal votes and they will be counted. >> all right, mr. attorney general, thank you so much for being with us this morning. we really appreciate it g. to be with you. ahead, we're in a time of tension and discord. don't have to tell you that'swe'll check in with

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uncertain outcome of the presidential election is adding to the anxiety of an already stressful year. according to a survey by the associated press about six in ten of the nation's voters feel

this country is on the wrong track. our lead national correspondent, that's david begnaud, spoke with americans who are on edge as this process plays out. david, good morning to you. a lot of people are relating to this. >> reporter: good morning, my friend. here we are in times square live this morning and i'm thinking back to yesterday when we listened. did a lot of listening to about a dozen people, gayle. talk to the biden supporters, they're nervous. stomach in knots, on eggshells checking their phone watching the television. speak to the trump supporters. they knew exactly what they were voting forrance believed he would win and specifically voted because they wanted four more years of trump. anxiety in america right now is spilling out into the streets. watch. [ chanting ] >> reporter: from new york to chicago to las vegas. protesters on both sides of the political divide took to the streets wednesday. some people are angered by president trump's declaration that he already had the votes to

win before all the votes had even been counted. >> the concern is that it donald trump may seek to interfere in the vote count. [ chanting ] >> reporter: meanwhile, in detroit, dozens of trump supporters protested outside of a vote counting center shortly before michigan was declared a win for joe biden. and in the battleground state of pennsylvania, which issals a still counting mail-in and provisional ballots, voters say the tension there is intense. >> i am absolutely in a state of high anxiety. >> i've never seen a president act this way. >> reporter: this 21-year-old is from pennsylvania. i met him at the sussex sit-in and chat diner in nearby new jersey. >> what's your anxiety level? >> yeah. i'm definitely a business anxious, just because in past elections it hasn't taken this long and all of this, like, suspense. it's jarring, i guess.

>> reporter: not everyone i met was as concerned like this 80-year-old supporter louis post. >> how anxious are you feeling about the results? >> i feel good. i think he's going to get in. >> reporter: his wife carol was worried about widespread voter fraud. >> ballots thrown away. they've been, you know -- thrown away. they found ballots all over the place. >> but that's not true. there has been no widespread ballot throwing. >> that's what i heard. >> what you haereard? >> where did you hear it? >> i heard it from the president. >> and you believe what he says? >> ah -- i'd like to believe what he says. he's our president. >> do you always believe what he says? >> i'd rather not say. >> so -- you believe the president when he says that mail-in ballots have been thrown away, but you chose to vote mail-in ballot? >> yeah. because -- because of the virus. >> reporter: saying, listen, she

believes the virus is real, while she wear as mask and did not want to tell us who she voted for. she says there's a big divide in her family, and she didn't want to get herself in any trouble. tony? >> we are a united states of a anxiety at the moment. includes for the industry. trying to get things right here for people like mrs. post there. david, what are you doing to maintain your level of calm? >> so, listen, i jokingly said on social media yesterday i hadn't showered in 24 hours, stuck to the phone or the camera. so people were like, what are you talking jab get about? get in the shower, boy. walking on eggshells. i'm a news nerd, nervous but ready to get past this, too. >> a long, hot shower is good for everybody. putting down your phone as well. >> i say, ditto, to what david begnaud said. this is so hard, guys, because we already said going in. we weren't going to know that night. >> yes. >> it was going to take a minute or two to get the results in. >> yep. >> but when you hear claims of

fraud and that there's -- >> no evidence of that, no. >> there's noest of fraud, but anthony, it gets people worked up on both sides. >> i want to underline. >> vlad, missed him yesterday. going to weather on the other end. make your day. >> that makes >> announcer: this portion of cbs "this morning" sponsored by jcpenney. joy, comfort, peace.

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that's trusted by millions of people. and mine's unlisted.. try boost® high protein... -with 20 grams of protein for muscle health- -versus only 16 grams in ensure® high protein. and now enjoy boost® high protein in café mocha flavor. time for "what to watch" with vlad duthiers. extraordinarily missed yesterday. so much so we were rolling breaking news coverage, presidency in the balance, wrote in, i get a lot's going on. where's vlad? >> here i am! thank you very much. >> scott, scott -- >> scott. all right. scott.

awesome. well it was election day. and it was postelection day. and now it's time for "what to watch." we think you'll be talking about uber and lyft's win on election day. deciding both should be exempt from a labor law aimed to make drivers employees instead of independent contractors. critics say it's a serious loss for gig workers hoping for a stronger workplace protection, like sick leave and full health insurance. supporters claim workers as independent contractors will have more flexibility to work when and where they want. folks, the most expensive ballot question campaign in california history. $200 million spent on this, guys. >> wow. >> big one. >> all right. breaking down major legislation passed across country on election day. you might have missed this in the haze around the presidential outcome. >> oh! >> yeah? >> ah -- >> voters in arizona, montana, south dakota and new jersey gave

the green light to legalize recreational marijuana. that makes it legal in 15 states across the u.s., plus district of columbia. people in mississippi voted to replace the country's last confederate themed state flag. a new flag. featuring a magnolia and 21 stars signifying the states that joined the union before mississippi along the words "in god we trust." in rhode island where i went to college. the official name soon changed in a very close vote. people in the state approved a referendum to drop a providence plantations from the full name after criticism over its slavery connotations. for folks waiting for the weed in those four states, you're not going to be able to buy any weed until january of 2021. and in south dakota it won't be until the following year after that. >> i point out a really big deal in oregon. dekrimmelized all drugs taking addiction out of the criminal justice say saying it's a public

health issue. a milestone. >> a big deal. vlad, i love how you paused for the applause after the haze one. >> waiting for it. come on! >> a big deal in mississippi with the flag change. very big deal . >>it a big deal. >> and same with providence, rhode island. >> no one knew it was on there. >> finally got rid of that. a record number of native americans will serve in the next house of representatives. 5 out of 12 candidates who won races. first two native american women elected to congress won re-election campaigns in new mexico and kansas. tom cole and mark representing oklahoma head back to capitol hill. joining this it yvette flipped new mexico's second congressional district from blue to red. congratulations to them all. very cool. >> i think you made scott arnett very happy today. >> who did i make? >> scott. >> very pleased to see you.

>> congrats to the women you just reported. great, too. >> yes. record five. >> we're really happy. yah. >> nice people missed you, vlad. we misseds you, too. >> feels good to be missed. >> disconcerting to not have you at 7:4. >> tell our bosses. >> scott said there's a lot going on. >> latest on the 2020 vote as the president's campaign lawyers get to work. we'll talk with one of his longtime political allies former governor scott walker. stay with us. but today there's a combination of two immunotherapies you can take first. one that could mean... a chance to live longer. opdivo plus yervoy is for adults newly diagnosed with non-small cell lung cancer that has spread and that tests positive for pd-l1 and does not have an abnormal egfr or alk gene. it's the first and only approved chemo-free combination of two immunotherapies that works together in different ways to harness the power of the immune system. opdivo plus yervoy equals a chance for more days. more nights. more beautiful weekends.

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good morning. it's 7:56. i am michelle griego. the most expensive ballot measure in state history prop 22 passed with more than 58% approval. ride share drivers remain classified as independent contractors not employees. california is seeing a spike in hospitalization rates. positivity rate is more than 6% over the last seven days. hospitalizations jumped to more than 13% over the last 14 days and icu rates are up more than 19%. contra costa issued a health order amid a rise in covid-19. it mandates outdoor bars be closed and restaurants and

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it's thursday, november 5, 2020. welcome back. i'm gayle king. presidential pathways. this race still too koes to call. joe biden expresses confidence. the president is trying to use the courts and twitter to make his case. >> america on edge. we've survived tight races before. fight for control. we still don't know who will have a majority in the senate. multiple races remain undecided. eye opener at 8:00. >> we still have no clear winner in this race. joe biden is ahead in electoral votes. arizona and nevada is leaning

towards vice president biden. he would be right in the 270 to win. joe biden feeling so confident, he's already launched his transition website. >> this morning, i woke up watching. ads telling people to let the election workers count. trump administration has demanded a recount. filing after the counties reverify results. that may not happen for about two weeks. >> new politics edition of mean tweets. >> elizabeth warren is what happens when january brady grows up. >> if templeton had a rat kouz inn it would be ted cruz.

>> if john kerry's head were to be carved on a mountain, it would be actual size. >> i got to hand it to them. some of those are very mean. some are good sports. with el come back this morning. we are still here at cbs news election headquarters in new york. why? >> we do not have a winner yet. we are following it closely. so many states still very close. >> so many questions to be answered. the out come of the 2020 election remains too close to call with ballots still being counted in several states. right now, joe biden is leading with 254 electoral votes, narrowing president trump's path to victory. ballots still being counted in several undecided states.

pennsylvania, georgia, north carolina, nevada and arizona. a win in nevada and arizona would give vice president biden the 270 votes he needs to take the kous. but president trump has filed several legal battles. what are you hearing from it the trump campaign? >> the campaign is still insisting it has a path to victory but it involves a lot of lawyers. filing lawsuits to stop ballot counting in michigan, pennsylvania and georgia. in michigan, it is demanding better access to observe the counting in process. campaign launched several legal challenges in pennsylvania including exemption for ballots received up to three days after the election to be counted as

long as they are postmarked on election day. president trump claimed victory in pennsylvania, georgia and north carolina. he suggested with no evidence that michigan secretly dumped ballots. twitter flagged those tweets for misleading information. too soon to declare victory. joe biden has been declared winner of michigan. remaining states are still too close to call. the lawsuits will be expensive for the trump campaign, which is already cash strapped. both campaigns are asking supporters for donations to help with election related challenges. the trump campaign is also calling for a recount in wisconsin. former governor is casting doubt on whether that would be enough to help president trump change theout come in that very crucial battleground state. the republican tweeted yesterday that joe biden's 20,000 vote lead is, quote, a high hurdle.

a he does support a recount in wisconsin. scott walker is with us. good to see you again. >> good morning. thank you for having me on. >> glad you are here. 99% of the votes are in in your state. there is a 20,000 difference. do you think he could actually overcome that? >> with millions of votes cast, you are talking about less than 1%. .7% is the difference. it is about 21,000 votes. so right now today, if nothing else changed, that is a high hurdle. in the past, we saw a recount four years ago, the president gained about 131 votes. nine years ago, state supreme court the swing was hundreds of votes. so typically hundreds not

thousands shift. having said that, that state supreme court years ago that is still going on and will continue in the coming days. all of the state canvas that is donl. that switch of thousands of votes when they found those added to the tally. be ready for the recount but wait until after the canvas. >> trump campaign is claiming irregularities. what do you have to say about that. when you hear that, what you do you think? >> there are a number of concerns? some wards in milwaukee where there where was many as 200 voter. voters voted 200 percent of the previous registered voters. in wisconsin, we have same-day voter registration. so it is clearly possible you had a surge. many of those wards not only did

democrats vote, you had unprecedented attention in the african-american community in milwaukee. some of those wards, there could have been that kind of an increase. it is worth checking in to make sure those numbers matchup. >> have you seen any evidence of fraud? >> no. >> i'm saying no matter what ward you are in, if it is 200% of people that registered, that is a red flag. that's the kind of thing you find in the canvas when you check. typically, when you had problems out there, it is not corruption, it is somebody made an error. you need to at least check into things like that. >> i want to talk about the possibility of an error. in wisconsin, its candidate who wants a recount has to pay for it. that means real money from people who may not have it to

spare. is there any record of an error of reporting large enough to change the out come in wisconsin? >> closest was in 2011 was about 14,000 votes. at least in that ballpark. it came out of brookfield, which was a very republican leaning city and republican county. that did sway the out come of the election. i don't know that there is an example of that out there. let's take a breath. look at the canvas and not declare a winner until the canvasses are completed. once that is done. we'll be able to go over that hurdle. >> four years ago, the president flipped wisconsin from blue to red. >> if joe biden holds on to this 20,000, 21,000 margin, why do you think he will have succeeded in flipping it back?

>> i've said all along, this will be razor thin. the president won wisconsin by a hair of a distinction between him and hillary clinton. it looks like about the same percentage, which is why every vote that is legally cast should be counted in wisconsin and across the country. >> what do you think changed politically governor walker from wisconsin going from a red state, you are a republican governor to now a democratic governor and now joe biden carrying it in the presidential race? >> it has always been close. the soet for governor two years ago, it was 1% difference. state wide, five of the eight members of congress are republicans. one republican and one democrat state senator. it is a typical battleground state. it is going to be close every single election. you had unprecedented turn out

for both joe biden and donald trump. i think it will continue to be a battleground state going forward. >> that is an important aren't corrective. some polls going in suggested a wider margin. that little history lesson from you is an example of why. thank you. >> my pleasure. looking back at history, there are been tighter

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at this hour, joe biden leads president trump by 254 electoral votes to 213.

17 short of the 170, of the 270 he needs to clinch victory. some unresolved races in key states will determine the outcome under the american system that is frequently the case. you may recall back in 2000 it all came down to florida. president george w. bush won the state and, therefore, the presidency by just 537 votes of the more than 6 million cast. these now infamous paper card ballots played a critical role in making that difficult call. "60 minutes" john dickerson joins us. we all remember the anxiety that played out in the weeks after that election. as we know, nationally 500,000 votes divided the two out of 100 million cast. the split in the electoral votes, four our five? >> quite small and came down to florida. florida would determine who the president would be.

i think that image was of judge robert rosenberg, broward county, holding up the spyglass lie sherlock holmes. >> i remember that shot, john. >> going back one little beat is the, what initiated the craziness wases that it was first called for al gore, and all the networks in a race back then and anthony our elections director so cautious in part because of the scalding of that time. everybody called it for gore and said it was too close to call. then called it for bush. gore called bush, conceded and everybody moved it back to too close to call, gore conceded and madness leading into this five-week period of count. >> what have we learned from that relative to today? >> hopefully we learned in the press to not call states before their ready to go. >> have learned that. not calling it. >> and everybody is being so cautious here. go ahead. >> one quick thing, though, is what we also learned, in the political process you can shape

it outside of the structure for counting. you know? there was a lot of effort in the kind of theater of public opinion to shape the outcome of the vote counting. >> talk about that theater, actually. what i'm interested in. in 2000 something called the brooks brothers riot where gentlemen in suits tasselled loafers, republican operatives and lawyers disrupted a canvassing meeting in miami-dade county. this time around the protests are not brooks brothers, kind of flak jackets and trump flags. but how do those demonstrations potentially impact what's going on in these rooms and with the courts? >> right. as you just focused on the theater what people are wearing, it's gotten more kind of hard core. the brooks brother riot given that name in part because of operatives from out of state trying to make it look, pretend, this was a grass roots uprising. the big, big other difference, that was a recount in florida. an automatic recount process in florida. this went beyond that.

i won't get into details but the votes had been counted. what's happening with president trump is he's asking the votes to stop being counted for the first tilme. a big difference there. and everything is so much more intense and electrified now than back then. you see so many more -- at the time in 2000, people were crying bloody murder on both sides, but norms that were in place. of politics, and there was a line between politics and, some people would say that line was eroded a little by the decision and certainly the line between the supreme court and politics, because of the decision the supreme court, 5-4, by conservatives in favor of the republican president that that eroded the wall between the supreme court and politics, but where we are now is much different. most of those walls are down. >> it does feel so many are on edge and so angry on both sides. what does it this, this close race, say about the makeup of both parties? >> we are in a very partisan moment in america. if you want to look at the good

side, look how many turned out. >> that's true. >> in a pandemic. they participated. and so that's great. the reason we have elections is so we don't have fisticuffs in the street. and by the way, all of these states, even those taking a little time are doing a great job. counting the votes. there isn't the madness looking at hanging chads and dimpled chads and the systems have gotten better. that's all good. see how we resolve it. back to your original point, gayle, we're in a very, very polarized country in which people's beliefs add up with their parties and those who use the partisanship successfully to gain political power and maintain it. in part what politics is. unlike previous generations people are pushing edges of what's acceptable and when you a political side, people take to the streets. >> and now could have a democratic president and a republican senate and another form of paralysis in effect? >> yes.

a form of praralysis or everyboy says, got to get something done and might work together. there is a faintest glimmer that might happen if only joe biden a creature of the senate and mitch mcconnell have worked together before. not saying peaches and cream but at least have met across the table for difficult negotiations many times before, and if you read mitch mcconnell's book about being in the senate, he's actually quite -- says nice things. >> i remember the beer summit. like to see a peaches and cream -- >> collaboration is possible, john. isn't it? it's possible. >> it is possible. i don't want to go overboard, but trying to keep some tiny light here in the darkness. >> john dickerson, thanks very much. ahead, talking to a doctor about handles stress. we have a lot of that. we want to learn who will be in the white house for the next four years? you're watching cbs "this morning." come experience floor and decor's

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the future of the senate you know is yet to be good morning. it's 8:25. i am len kiese. several 49ers forced to sit out tonight after kendrick bourne tested positive for covid-19. contact tracing led the team to three other members. tonight's game is set for 5:20. prop 15 which would change commercial property tax assessments has about 52 votes against its approval. so far, 51 and a half percent of voters are backing prop 19. it would allow homeowners 55 or older, disabled, or wildfire victims to transfer primary residence's tax base to a

replacement home. good morning. we've got a slow ride on the nimitz freeway. if you are ready to head out taking 880 south, brake lights coming away from 92. there was a trouble spot at ten son, looks like it was in the clearing stages. it was blocking that left lane. fog on san mateo bridge. we have about a 17 minute drive time between 880 and 101. slow at the bay bridge toll plaza, metering lights on for the west commute. off the east shore freeway, 20 minutes from highway 4 to the maze. mary. we are starting our day with mostly sunny skies but also that patchy fog in spots. here is a beautiful shot with our mark hopkins hotel camera. looking at the visibility again dealing with some areas of fog through the afternoon, mild above average temperatures but big changes ahead as california phones offers free specialized phones... like cordless phones, - (phone ringing) - big button, and volume-enhanced phones.

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welcome back to cbs "this morning." in our continuing kovg raccover of 9202020 election ballots sti being counted in six states. one is arizona where pro-trump demonstrators gathered outside the building where votes are being counted in fleenphoenix. they c claim they're worried thr votes will not be counted inside that building. joe biden hoholding over a narr lead over the president in arizona and the state is likely to go to biden. at this point cbs news is not going to project a winner. we're not comfortable doing so anand want more votes to be reported. we're awaiting that this morning. officials are still working to make it happen. arizona's secretary of state katie hobbes joins us now.

good morning to you. you happen to be a democrat but notable to point out in your election in 2018, you were behind on election day and came for the win with those votes counted the next day and the day after. if anything, perhaps you're sympathetic to president trump in his predicament. everyone wants to know, how is the count going, and when will it be done? what can you tell us on that front? >> well, the count is going. that is what election officials across the state are spending day and night doing right now. making sure we're getting all of those outstanding ballots counted. by my really early calculations this morning, we're just under 450,000 outstanding ballots left across the state. maricopa county just under 300,000, the bulk of those. maricopa county gave us an additional 100,000 or so actually a little more than that yesterday. so that's the pace they're going. i think we should have a good indicator we're we're at late

tomorrow, and -- go ahead. >> well, i was going to say it's very 2345narrow there in arizon and in the first batch of votes ta came out last night, president trump had the advantage, and some suggested he could really make up this difference. from what you're seeing and where these votes are coming from, what kind of votes they are, do you think the president has a viable path and could win the state of arizona? >> it's just really hard to say. the bulk of the ballots that are remaining to be tabulated are early ballots that were received by county election officials monday or tuesday. so they could be coming from anywhere. in terms of geographical area. they are, they still have -- they're in the process of being signature verified to the tabulated. i know they're very focused making sure this against done. this keeps them from doing that. so it's really, really hard to say, you know, these areas, where the ballots are coming

from, because people were drop their ballot off wherever it's convenient for them and doesn't necessarily indicate where they live. >> secretary hobbes, talk about the protesters for a second. we just saw them in the video before we came to you. are you concerned their presence will affect the ability for the people to continue with the counting? i imagine it could be very disconcerting? >> well, their presence honestly is a distraction. they're protesting to count the votes and that is exactly what maricopa election officials are doing. i do know that they worked with the maricopa county office to make sure all employees were safe and i'm not sure of their objective, but we're going to keep counting the ballots, wa we're required to do by law. >> in addition we're hearing reports from members of team trump including his son that said that some of the ballots were filled with sharpies and that's a problem. sounds so silly even asking you this question, but can you address sharpie-gate if you

could? what does that mean and how is that shaping out? >> well, i talked more about markers in the last couple of days than i hope to ever again in my life, but this is absolutely a nonissue. election workers are not going to give voters pens that would intentionally invalidate their ballot. that is absolutely unfounded. they were given them for specific reasons. tabulators can read them. even if not we have ways to read them. every ballot cast regardless of the pen you used is going to be counted. >> secretary hobbes, the trump campaign brought legal challenges in other states to stop counting. are you prepared in the event they do that in arizona? >> absolutely we're prepared, but quite honestly, there's no legal ground for us to stop counting ballots. we have, we don't have a postmark deadline in arizona.

our ballots have to be received by election day. those are the votes we're counting. there's really no legal basis to stop counting. >> secretary, one quick question i think to reassure people of what's going on in that room there in phoenix. the protesters are concerned that there are markings, the sharpie could let the, election workers know where the ballot may have come from and throw out trump votes. what safeguards are in place? a bipartisan situation inside that room to make sure there's no funny business? >> yes. overs from political parties are allowed in the tabulation room. additionally, every tabulation room across the state has cameras. anyone can go online to the election office in any county and view the proceedings while they're happening. >> wow. >> that's all the time. so -- so -- and -- and i will remind people. these election workers are hired by the counties, they have to

pass background checks. they are beholden to uphold the laws of the state, and there are criminal penalties associated with any kind of ballot tampering, which is what they are suggesting is, might be happening. it is not happening. and those standards are much higher for the employees than they would be for general members of the public. >> important information there. observers, background checks, cameras has to rear assussure p. thank you very much for joining us. see what seats slipped away from democrats and what they may need now if they want to

we are keeping a very close eye on congress as democrats and republicans remain in a prolonged ballots for control of the senate. as you can see in this graphic, predictions of a blue wave, well, they did not seem to pan out with republicans holding on to very crucial seats, and we're stit waiting for final results from fiercely competitive races. chief congressional correspondent nancy cordes is on top of it. boy, nancy, you've been working overtime, tripletime. what's the latest? good morning to you. >> good morning. so have you, gayle. democrats are feeling pretty good at this hour about arizona. that would get them to 48 seats,

but then they still need two more to get to 50 and take control. overnight their chances of securing a second senate runoff in georgia improved as that race tightened. a cliffhanger here when it comes to control of the senate and it could last for months. >> to the people of maine, thank you, thank you! >> reporter: maine republican susan collins blocked one path to a democratic ma jofrlty winning a fifth term in the senate despite a high profile challenge from sara gideon. >> i feel this is an affirmation of the work that i'm doing in washington. to fight hard every day. [ cheers ] >> reporter: other senate republicans fended off de well-funded texas. >> going back with a purpose. >> reporter: it comes down to three state with tight races. first is north carolina where

republican senator thom tillis retain as small lead over chemical cunningham with nearly all the votes counted. cbs news hasn't projected a winner, but tillis did. >> we did it against all the odds, right? i mean, have we heard this before? you're down in the polls, there's no chance of winninga, e and i believed in every single one of you. >> reporter: david perdue more cautious leading the democrat jon ossoff but if it slips below 50% the race goes to a january runoff. another georgia race definitely headed to runoff between senator kelly loeffler and the pastor warnock meaning we'll wait for months to find out which party controls the senate. the senate's current leader mitch mcconnell admitted yesterday he's in suspense just like everybody else. >> defensive coordinator or offense coordinator. >> reporter: and mark kelly likely to defeat the republican senator martha mcsally and

former colorado governor john hickenlooper is headed to the senate beating republican senator cory gardner. >> time for a different approach. time to start solving problems and helping people. and that's exactly what i intend to do. >> reporter: even if everything goes the democrats' way, they will only end up with a razor-thin majority. now, over on the house side, democrats are expected to keep majority but with a much slimmer margin. they flipped two red seats to blue, republicans flipped eight and still two dozen races considered toss-ups. speaker nancy pelosi admitted it had been a "challenging" election predicting a victory for vice president biden and vowed to work with him to deliver on health care and green infrastructure, but if the senate remains in republican control, that is going to be much harder to do. >> looking at the house and the

senate. both very tight. >> right. >> still don't know who the president will be. >> looks like two more years of divided government. >> talking about infrastructure. bridges and roads aren't getting better. start building something. >> and senate races just as exciting to watch, i think, nancy. >> fascinating. >> went into it one way, surely democrats have a really good shot. to get none of that, such a big surprise. >> everyone is puzzling over what did we get wrong? you know? all of these campaigns. they thought they were doing well, too. they're data was off. they're going to look back at their turnout models. got a lot of donors who are especially frustrated. >> all the money spent. >> pours hundreds of millions of dollars into these races and in the end weren't even close. >> good reminder. money doesn't vote. people do. >> an old saying, wasting half my money. i just don't know which half. doan is thinking that this morning. thank you, nancy. dr. sue varma joins with,

tips to cope with election anxiety. on cbs "this morning"'s podcast we asked pastry chef and milk bar founder christina toesyy an how she got together with baked goods.

you might want to watch this next segmond lying down. many americans are dealing with anxiety over outcome of the 2020 presidential election. according to a recent survey from the american psychological association, more than two-thirds of adults say the election has been a significant source of stress in their lives. up from 52% four years ago. board certified psychiatrist dr. sue varma is here to help us with simple ways to manage your anxiety. sue, i wanted to do the segment

on a couch, but maybe you can help. what can we do? there was enough stress before this. just dealing with the coronavirus. now with all of this uncertainty? what's a good way to approach this? >> reporter: absolutely. when it comes to uncertainty i look at it as a blank canvas or silent film, if you will, in which we happen to project our worst thoughts and kind of ca called catastrophizing. people are trying to change the things they cannot accept. then at a certain point where we are now we have to accept the things we cannot change. so much of the pandemic has been fighting a battle on two fronts. dealing with all the stuff happening outside, with people getting sick and losing jobs, and protests. wildfires, hurricanes. then there's the mental health challenges. what's going on in their own head. focus on that. did due diligence to this point

being activists in the community and voting. at this point take care of mental health. simple tips i'll share everybody can do. >> doesn't help with a leaf blower in your ear either. >> the hum of anxiety! >> exactly, yes! >> i want to pick up, sue, on what anthony was saying about, listen, it was already thought that election day would be one of the most stressful days of the year. but as anthony pointed out, we've got coronavirus. we've got job loss. we've got economy. we've got racial unrest. we've got social discourse. how in the world do you cope with so many different levels of stress and anxiety? >> reporter: absolutely. look, when it comes to anxiety we talk about the productive aspect of it, what helps you make an action plan. are there things in your life that need taken care of? looking for the job -- taking care of your health. then there's the unproductive anxiety, where our wheels are

spirn i spinning where tips come in. are you able to distract yourself and self-soothe. distractions, self-soothing, grounding. one thing i find extremely beneficial we don't talk about enough is the role of nature in mental health. in many parts of the world this is becoming a prescription. it can lower your heart rate and blood pressure's in the prior election, 2016, a couple days after the election there were more hospitalizations for cardiac symptoms. palpitations, feeling dizzy, thinking they were having an heart attack. getting out into nature can be good for your cadio health and mental health. looking a the green spaces was calming. don't have to be in the mountains. talking about the park down the street from you. people able to spend 2.5 hours in a week, not a day, a week. breaking it up in small chunks and being in green spaces found less anxiety and depression. being in nature is huge.

if you have pets, anyone you know has pets, spend time with them. that sort of unconditional love. bonding with children, people you love. able to do it in a safe way, oxytocin is a huge cuddle hormone. movement especially before 10:00 a.m. in the morning. access to daylight, daytime sunlight is huge. our sleep, insomnia, problems with that is really big right now. >> dr. sue varma, thank you. you mentioned the cuddle hormone, it wasn't on the bullet sheet. add cuddling. >> central park has been my savior. >> you said that. >> walking in central park. i don't know what i would have done without it. she's dead-on. >> follow your advice about that. that will do it -- >> thank you, sue varma. >> thank you. get yourself an animal to cuddle with or a person to cuddle with. i hear that's good, too. anything with icing. that always works. >> it's good! >> anything with icing. that will do it for us from the cbs news election

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call now so you can... retire better good morning. it's 8:55. several 49ers forced to sit out tonight after kendrick bourne tested positive for covid-19. contacted tracing led the team to three other members. contra costa with a new health order amid a rise in covid-19 cases. it mandates outdoor bars closed and restaurants and theaters must operate at 25% capacity with no more than 100 people. forecasters expecting several inches of snow at squaw valley. they've been making their own snow for a couple weeks. take a slow on the roads and be prepared foreclosures. definitely be careful. taking a look at the roads,

when you are headed to 880, nimitz freeway, it is slow. a crash on the right shoulder and traffic is backed up as you head into oak land. plan for that if you are out and about. toward the san mateo bridge, a few brake lights and fog. i promise it's somewhere under that blanket of fog. a heads up traveling across the span there at the san mateo bridge. things looking better at the bay bridge. it's still sluggish across the upper deck into the city. mary. looking at mostly sunny skies and patchy fog as well. such a pretty view with our mark hopkins hotel camera in san francisco. as we head through our day, one more day of mild to average temperatures, mid to upper 70s. mid 60s for the coast. there we go th

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