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American Morning

For George Bush, John Kerry, Long Grind Coming to an End

Aired November 02, 2004 - 07:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


SOLEDAD O'BRIEN, CNN ANCHOR: After months of listening, the American people make their voices heard and chart the course of the next four years today. For George Bush and John Kerry, the long grind is coming to an end, with everything now riding on voter turnout.
(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Tomorrow the people of America have a chance to bring that better day to all of us by voting for strong, confident, optimistic leadership, by sending me and Dick Cheney back to Washington D.C.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: The hopes of our country are on the line, and I intend to move this country in the right direction.

(END VIDEO CLIP)

O'BRIEN: Candidates, supporters, lawyers and voters, the future is now on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.

HEMMER: On the calendar, November 2nd, it is Election Day, this a live picture in Brooklyn, New York, the polls open in this particular location just about 61 minutes ago, and already you can see the lines are very long inside that gymnasium.

Good morning, everyone, this is it, the day. The long countdown is over. Election Day is here. There are no more tomorrows, huh?

O'BRIEN: Although, maybe depending on whether or not it's decided or not by tomorrow, which is a pretty big question, welcome to our Election Day coverage. We come to you with extended coverage this morning until noon Eastern.

Daryn Kagan, Rick Sanchez are also going to be part of our coverage.

HEMMER: As we continue throughout the morning, voting now under way throughout the Eastern U.S., live from polling locations in Florida and Ohio, in addition to this location in New York. Turnout expected to be high today. So we'll get a complete look at that and also talk about a flurry of court rules overnight regarding whether or not voters can be challenged, this in the state of Ohio. That story continues today. O'BRIEN: The candidates traveling frantically yesterday. This morning, we take a look at where candidates are this morning, talk to supporters of each man. James Carville, the Democratic strategist and also the "CROSSFIRE" host, is with us, and the governor of Ohio, Bob Taft will join us, as well.

HEMMER: All right, Jack Cafferty, good morning.

JACK CAFFERTY, CNN ANCHOR: I am so happy this is almost over. If things go the way they're supposed to, by tomorrow morning, either Mr. Kerry or Mr. Bush will be scratching his head, wondering what he's going to do next. What if your guy loses? Are you going to suck it up, stiff upper lip and all that, or are you going to whine, and pout and walk around kicking bricks. We'll take a look at that in a few minutes.

HEMMER: Good deal. Jack, thanks.

That hurts, by the way, kicking bricks.

CAFFERTY: If you are bare foot in the winter time.

HEMMER: Tough on the toes.

We're going to watch the polling activity certainly throughout the morning here. CNN counting down the hours as the polls begin to close. As early as 7:00 tonight for some states, 12 hours from now. At this hour, most polling stations are open in 24 states, including New York, New Jersey, Ohio, Pennsylvania, Florida, Virginia, Maryland and Illinois. The nation's first Election Day votes were cast just after midnight in New Hampshire. That's fitting, is it not? In the mountain hamlet of Hart's Location (ph), Ralph Nader picked up one vote there.

Minutes later, 26 registered voters in Dixville Knox, about 50 miles to the north split 19 for President Bush and seven for Senator Kerry. Now a major ruling was issued early this morning that could determine what happens in the swing state of Ohio. A federal appeals court says challengers may be present inside the polling places throughout that state. This has gone back and forth for about a week now.

Adaora Udoji is live in Canton, Ohio, northeastern part of the state, where voting there is already under way.

Good morning.

ADAORA UDOJI, CNN CORRESPONDENT: Good morning, Bill.

You're right, there's a lot going on in the state of Ohio. Polling places have been open about a half an hour. We are in Canton. It's been a steady flow of folks. In fact, there are probably 50 waiting before the doors open.

And meanwhile, there's been one court decision after another. Early this morning, as you said, the appeals court voting in favor of the Republican position here in the state. The Republicans have been arguing that they should allow, as Ohio state law allows, the challengers to be inside the polling stations questioning the legitimacy of any voters.

The Democrats had argued that they thought the only intention in that law was basically to suppress the vote, to intimidate voters. Now, two lower courts had sided with the Democrats, and then the appeals court siding with the Republicans, and then the Democrats then went to the United States Supreme Court, who let the decision stand.

Of course, Bill, the question is at this time, at 6:30 in the morning when all of this was unfolding, whether the 50,000 poll workers across the state of Ohio understand exactly where the law stands? The secretary of state last night urging everyone to be patient and calm as they try to work through this day -- Bill.

HEMMER: Thanks. In Canton, Ohio, it could be rough weather there today. We'll see how that affects the turnout today. Thanks for that -- Soledad.

Ohio certainly has received plenty of attention from both candidates during the campaign.

Ron Brownstein is CNN's political analyst, also "L.A. Times" columnist. He's in Cleveland this morning to tell us why the Buckeye State is critical to both sides.

Let's begin with this ruling that we just heard about from Adaora. It now allows legitimacy of certain voters to be questioned. Specifically what do you think the impact of is of this ruling overnight and this morning on the election today.

RON BROWNSTEIN, CNN POL. ANALYST: We're going to have to see, Soledad, how aggressively the Republicans try to use the authority that the courts gave them. Extraordinary split here with the African- American Republican secretary of state asking the state party not to go ahead with this program, and the state party apparently deciding to do it. Democrats are confident that most of these challenges of the vast majority will be rejected. The decision belonging to the local officials at the precinct level. But it is a wild card. And it sets up the opportunity if it's close for post-election charges of either fraud or suppression.

O'BRIEN: Because of legal issues like this, and also the close poll numbers of Ohio, some people say Ohio is going to be the Florida of 2004? Do you think that's a fair assessment potentially?

BROWNSTEIN: Florida could be the Florida of 2004. Either one could, you know, if it is close. And there are other states as well with sort of the national issue of provisional balloting and how those provisional ballots are going to be assessed. If this race is close enough that it's within, in effect, the margin of litigation, you've got to think from everything we've seen, that both sides are going to use every tool available to them to contest it.

O'BRIEN: What is the margin of litigation? we've been talking a lot about contesting numbers if it's close. Specifically, what's that margin?

BROWNSTEIN: You know, I don't think we know. I mean, a lot of it will depend on how many of these provisional ballots, which as you know were mandated by Congress in their post-Florida reforms, allowing people to cast a provisional ballot if their eligibility is in question. How many of those ballots come in? Are they larger than the margin of victory in some of these states? Are there other voting disputes that's merge?

The real question is can either person, either candidate here, establish a majority that breaks the deadlock we have had in American politics? Four years ago, we had only the fourth time in history the president winning the White House by losing the popular vote, almost an even split in the Elector College. But the pre-election polls point us to something looking very much like that, and the question is whether one side can tip it here in the final hours.

O'BRIEN: You went to Bruce Springsteen's rally, some 50,000 people is one of the numbers they threw out as the number of attendees. What do you think is the value and importance of the rallies like that? Is it one, they say preaching to the converted anyway, or, two, is it just people who are Bruce Springsteen fans, who really don't care necessarily about the politics behind the concert?

BROWNSTEIN: I think the value of a rally like that is a picture in the evening news and on the morning paper is a huge crowd greeting the candidate. You've seen how much in your own interviews over the last few weeks with surrogates from the campaign, how much emphasis and priority they put on giving the sense that they have momentum and energy going into this race. They want their side to be optimistic, to be engaged and to come out in big numbers, and I think what they're trying to do with these last-minute rallies is convey a sense of momentum for the campaign, and certainly putting 50,000 people on the street in downtown Cleveland gives them a picture that helps them do that.

O'BRIEN: Ron Brownstein joining us this morning. Ron, thanks. And you know what, we're going to be talking a lot today and in later days. Thanks -- Bill.

HEMMER: We'll talk to the governor of Ohio, again, in about 20 minutes from now.

Now in Florida polls are open there. Let's get to Gary Tuchman in West Palm Beach Florida.

Gary, good morning.

How's the turnout?

GARY TUCHMAN, CNN CORRESPONDENT: Bill, right now, people are streaming into the small firehouse in West Palm Beach, Florida to vote with the new touchscreen machines. 5.8 million votes were officially cast in Florida four years ago. The official separation between Al Gore and George W. Bush, 537 votes. That gives you an idea of how small it was, since this little tiny precinct in West Palm Beach has 900 voters by itself.

But behind me, a big difference from four years ago. Four years ago, they were using punch card ballots here in the state of Florida. You remember 1,431 nights ago tonight, that was the Election Day four years ago when the poll workers held the poll workers held those punch card ballots to the light, looking at the pregnant chads, the dimpled chads, trying to determine if votes were cast. It certainly was chaos. That won't happen here in the state of Florida this year. Punch card ballots have been outlawed. Fifteen of the 72 counties in the states are using the touchscreen machines. The rest of the counties are using the optical scanning systems. But we can tell you, there's a line outside the firehouse right now as people want to exercise their right to vote for president of the United States in the year 2004, four years after the chaos here in the Sunshine State -- Bill.

HEMMER: Gary, thanks. Some of those pictures extraordinary over the past several days, too, lines four hours or more as people wait to cast their ballot there.

Our election coverage comes to you live from the Nasdaq marketsite in Times Square from realtime election results to 96 TV screens. We'll have a live town hall meeting in progress later tonight. Primetime coverage starts at 7:00 Eastern Time -- Soledad.

O'BRIEN: Well, obviously, the election is our big story this morning, but there are other stories making news.

Heidi Collins has a look of those before we turn back to the election.

Good morning.

HEIDI COLLINS, CNN ANCHOR: Good morning to you guys, and good morning to you, everyone.

Now in the news, a deadly explosion in central Baghdad. At least six people were killed, eight others wounded, in a car bomb attack about five hours ago. The blast took place near Iraq's ministry of education. The bombing follows a round of kidnappings yesterday from the compound of a Saudi company in Baghdad. One American is said to be among those held. There are reports two seized Iraqis have already been released.

We could hear more about the condition of Palestinian leader Yasser Arafat today. A Palestinian representative is expected to speak later this morning outside the Paris military hospital where Arafat is being treated. Arafat was flown there last week. Doctors are not yet saying what's wrong, but a possible diagnosis could be made public tomorrow.

In California now, Scott Peterson's lawyers get their turn today. The defense will deliver its closing arguments in the double murder trial. Jurors heard from the prosecution yesterday. Lawyers portrayed Peterson as a swinging bachelor who wanted to make his fantasy world a reality. Jury deliberations are expected to begin tomorrow.

And turning back now to election news, a federal judge has partially granted Senator Tom Daschle's request to limit GOP poll watchers in South Dakota -- that's according to the Associated Press. The Democratic senator filed a lawsuit against opponent John Thune and other members of the Republican party in South Dakota, accusing them of harassing and intimidating American Indian voters. The ruling prevents poll watchers from following American Indian voters out of the polling places.

Back now to...

HEMMER: A day full of politicians and lawyers, don't you think?

O'BRIEN: Pretty much, yes.

COLLINS: Already.

HEMMER: I think so. And it may continue past today. But today, of course, we're focusing on the election. Heidi, thanks for that.

Time now to check the forecast. Weather, of course, does play a role in the election, as well. Chad Myers has a look at some of the places we're looking at. Colorado, snow? Ohio, rain?

(WEATHER REPORT)

O'BRIEN: You know what? When you consider the amount of time that some of these folks are waiting out in order to vote, I mean, you want to stand out in the snow and rain for hours and hours? I think that it's going to have an effect, but we don't know really.

HEMMER: They'd swap Florida for that one, wouldn't they?.

O'BRIEN: Suddenly you want your polling place to be in Florida -- maybe.

HEMMER: Thank you, Chad.

In a moment here, the bitter fight for votes takes another turn in Ohio. What does the governor have to say about the latest ruling early in the morning hours about voter challenges? We'll ask him about that in a matter of moments.

O'BRIEN: Also, history's only actor-turned-U.S. president was one of the most popular ever. So, do any of today's celebrities have the goods to sit in the White House? A look at that ahead.

HEMMER: Also, the candidates now concede the finish line. How are they spending the final hours of this campaign? We'll get a live update from both sides when AMERICAN MORNING continues today, Election Day, November 2nd, 2004.

(COMMERCIAL BREAK)

O'BRIEN: Live pictures brought to us by our affiliate WNYW in Brooklyn, New York, where they are voting. You can see the long lines sort of snaking through that long auditorium -- or gym, it looks like -- where they have started to vote. And it looks like that polling place actually been opened for many, many hours...

HEMMER: Either a lot of people are going to be late for work, or a lot of people are going to be leaving work early to get to their own polling station. If lines are like this all the way across the country...

O'BRIEN: Everywhere.

HEMMER: ... you're also going to get people standing in line and casting their votes after the polling stations officially close. In other words, if you were set to close at 7:00, if you're still in line, you still have the right to cast your ballot. But if that line goes several hundred people deep, which is a strong possibility...

O'BRIEN: ... take hours.

HEMMER: ... you're exactly right about that.

O'BRIEN: Yeah, it's going to be a long day. I think that is fair to say for everybody.

Well, after months of relentless campaigning, it all comes down to today, obviously, for the presidential candidates. Each is going to vote in his home state: President Bush in Crawford, Texas; John Kerry in Boston.

National correspondent Kelly Wallace is traveling with the senator in La Crosse, Wisconsin. And we begin, though, with White House correspondent Suzanne Malveaux, who is traveling with the president. He's at his Texas ranch this morning. Hey, Suzanne, good morning.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, good morning, Soledad.

Marine One touched down at 1:40 in the morning at the Crawford Ranch in what can only be called a grueling campaign finale. President Bush, of course, will be voting in Crawford in about 90 minutes or so.

The president also breaking with tradition today: He is going to be making one last stop, a get out the vote effort in Columbus, Ohio. This, as you know, Soledad, is a state that ever Republican has had to capture if they want to win the White House.

(BEGIN VIDEOTAPE)

(voice-over): In the predawn chill, a dramatic arrival at Marine One pulls into an airport hanger in Ohio. In the final hours of the president's campaign, it was all about projecting confidence.

GEORGE W. BUSH (R), PRESIDENT OF THE UNITED STATES: With your help, we will carry this great state and win tomorrow. MALVEAUX: But with the election still too close to call, Mr. Bush spent his final campaign day sprinting across seven cities in six states in 19 hours. Beginning in Ohio, on to Pennsylvania, Wisconsin, Iowa, New Mexico, and ending with a homecoming rally in Texas.

CURT SCHILLING, BOSTON RED SOX PITCHER: I know everybody wants to be a part of a winning team, and there's plenty of room on this bandwagon.

MALVEAUX: Despite the much-anticipated introduction by World Series pitcher Curt Schilling, early in the day the president seemed subdued. His aides say he was simply relaxed and at peace with whatever the next 24 hours would bring. And to assure voters he was upbeat about his shot at winning, the president paid reporters a rare visit between campaign stops.

BUSH: The finish line is in sight. And I just want to assure you I got the energy and the optimism and the enthusiasm to cross the line.

MALVEAUX: But Bush aides concede they are a bit nervous about the late deciders, who historically vote for change. And so, Mr. Bush will campaign up until the very end, breaking with tradition not to stump on Election Day, when he makes one last trip to Ohio.

BUSH: I want to continue telling the people what I intend to do to protect them and how I intend to put policies in place to make sure America is a hopeful place.

(END VIDEOTAPE)

MALVEAUX (on camera): Soledad, there really has been a change in the tone, I would say, over the last 24 hours among the campaigners. The president, they say, is feeling rather nostalgic. He has been surrounded by close friends and those in his inner circle. We are told he was playing gin rummy yesterday between those campaign stops, making a toast, drinking a milk shake.

But of course, there is a sense of nervousness around the campaign, as well. President Bush, after he casts his ballot here, will return to Washington at the White House. That is where he's going to watch those returns -- Soledad?

O'BRIEN: ... got to imagine a sense of nervousness for both campaigns. Suzanne Malveaux for us this morning. Suzanne, thanks. And of course, we'll keep talking to you throughout the morning and the afternoon -- Bill?

HEMMER: All right. Checking in with Kelly Wallace now, the Kerry campaign, La Crosse, Wisconsin, there this morning. Good morning, Kelly.

KELLY WALLACE, CNN NATIONAL CORRESPONDENT: Good morning, Bill.

Well, Senator Kerry making his final appearance in person in a battleground state this morning. He will be having some get out the vote rally. Wisconsin is a state where voters can register today and then vote today.

Then, the senator heads to Boston, where he will watch and wait to see if his two-year effort to capture the presidency will be successful.

(BEGIN VIDEOTAPE)

WALLACE (voice-over): Rallying the troops at 2:00 a.m. in La Crosse, Wisconsin, the end of an 18-hour six-stop, four-state blitz. Wisconsin, which Al Gore narrowly won in 2000, remains in the concerned column for camp Kerry. That is why the senator was back in the state earlier in the day in the rain in Milwaukee.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: Wet as you may be, cold as you may be, are you ready to move America in a new direction?

WALLACE: Two years of campaigning winding down, Senator Kerry seems looser than ever, enjoying the finale.

Inside an airport hanger in Toledo...

KERRY: Let's get it done in Ohio.

WALLACE: And inside the Joe Louis Arena in Detroit.

KERRY: Muhammad Ali was boxing away with George Foreman and George Foreman threw a lot of punches, and a time came, Muhammad just sort of stood back and said, George, is that all you got?

WALLACE: In the fight of his political life against a wartime president, he rolls out the big stars for the homestretch. Stevie Wonder and Bruce Springsteen, who once again turned out tens of thousands, this time in Cleveland, where Senator Kerry and wife Teresa were reunited on the stump. After all the miles, the handshakes and the speeches, the senator's quest for the presidency now in the voters hands.

KERRY: I promise you, that you go to those polls, take people to those polls, we have an effort in place across this country to guarantee that in 2004 not only does every vote count, but every vote will be counted.

(END VIDEOTAPE)

WALLACE: And Senator Kerry will go to Boston to vote. He will also take part in his Election Day tradition, going to the same Boston restaurant for lunch. He also will likely do some interviews with stations in battleground states, then it is time to just watch those returns. Aides say they are confident this will go Senator Kerry's way. But, Bill, all they can do right now is hurry up and wait.

Kelly, thanks, in La Crosse, Wisconsin. We'll talk to you later this morning -- Soledad.

O'BRIEN: Still to come this morning, the Ohio court decision that could swing the election, and the candidates aren't the only ones who have a lot on the line today. So do the TV networks. They're going to be closely watched, but not for the usual reasons. We'll explain as AMERICAN MORNING continues, right after this short break.

(COMMERCIAL BREAK)

HEMMER: All right. Oil prices tumbling now, while Merck take as tumble of its own. With that and a preview of the markets, Andy Serwer checks in now "Minding Your Business."

Good morning. Fifty bucks a barrel, or less?

ANDY SERWER, "FORTUNE" MAGAZINE: Below. Lot of tumbling this morning, huh, Bill. Yes, let's talk about the markets, first of all. The Dow is up again 27 points to the upside yesterday. Five days in a row the market has been up, and as Bill was saying, it's because the price of oil is falling, below $50 this morning. Why is that? Three theories: number one, a speculators in the market, and you can see here, we've gone from 55 to 50 very quickly. Speculators in the market, natural selling has taken place when it hits 55.

No. 2, partisan theories here. First of all, the president somehow has orchestrated a lower price of oil as we come to the election. These are conspiracy theories on Wall Street that you're hearing this morning.

And this is actually an interesting one, from the other side, the prospect of a Kerry victory is making the price of oil fall, because he's conservation minded, and also he would not be filling the Strategic Petroleum Reserve. So interesting theories being floated on Wall Street.

Let's also talk about Merck very quickly. That stock down almost 10 percent yesterday because of the story in "The Wall Street Journal," suggesting the story knew about the problems with its Vioxx medication and hid them for years. We'll be talking more about the markets in the next half hour.

HEMMER: Good deal. Thank you, Andy.

SERWER: You're welcome.

O'BRIEN: You know what, someone is going to win, and someone is not.

CAFFERTY: There you go. The analysis of the proceeding national election brought to you courtesy of a mother of four.

SERWER: Thank you.

CAFFERTY: The nation has not been this divided since 1968, when Richard Nixon beat Hubert Humphrey at the height of the Vietnam War. It's been partisan, and nasty and very hard fought, and very, very expensive, hundreds of millions of dollars spent by each side, accusing the other of everything perhaps except necrophilia, yet at the end of the day neither candidate was able to gain a significant advantage. It's probably going to be very close, but as Soledad suggested, somebody going to lose.

Here's the question, how will you react if your guy loses? am@CNN.com. You know, half the world thinks we're a little nuts anyway at this point. I suppose we have an opportunity not to get syrupy about this, too.

O'BRIEN: Kind of psychological, too.

CAFFERTY: You know, fall behind whoever is declared the winner, and say, OK, you know, now we're back to being the United States of America and go on down the road.

SERWER: Yes, be interesting to see if that happens this time.

HEMMER: Have you seen the pictures of these lines? For days we've been reporting on it. There's a line down in Miami already that's (INAUDIBLE) outside a polling station there. This is just...

SERWER: Yes, but you shouldn't discourage people by talking about these lines.

HEMMER: Not at all. Not at all. I mean, I think it just goes to the enthusiasm for this election.

SERWER: James Carville stops by in a moment from "CROSSFIRE." What is he thinking, feeling today? Plus, the back-and-forth fight over poll challengers in Ohio. The courts have decided whether or not they can stay. We'll talk to the governor, Bob Taft, in that state in a moment. His reaction after this.

(COMMERCIAL BREAK)

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Aired November 2, 2004 - 07:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: After months of listening, the American people make their voices heard and chart the course of the next four years today. For George Bush and John Kerry, the long grind is coming to an end, with everything now riding on voter turnout.
(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Tomorrow the people of America have a chance to bring that better day to all of us by voting for strong, confident, optimistic leadership, by sending me and Dick Cheney back to Washington D.C.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: The hopes of our country are on the line, and I intend to move this country in the right direction.

(END VIDEO CLIP)

O'BRIEN: Candidates, supporters, lawyers and voters, the future is now on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.

HEMMER: On the calendar, November 2nd, it is Election Day, this a live picture in Brooklyn, New York, the polls open in this particular location just about 61 minutes ago, and already you can see the lines are very long inside that gymnasium.

Good morning, everyone, this is it, the day. The long countdown is over. Election Day is here. There are no more tomorrows, huh?

O'BRIEN: Although, maybe depending on whether or not it's decided or not by tomorrow, which is a pretty big question, welcome to our Election Day coverage. We come to you with extended coverage this morning until noon Eastern.

Daryn Kagan, Rick Sanchez are also going to be part of our coverage.

HEMMER: As we continue throughout the morning, voting now under way throughout the Eastern U.S., live from polling locations in Florida and Ohio, in addition to this location in New York. Turnout expected to be high today. So we'll get a complete look at that and also talk about a flurry of court rules overnight regarding whether or not voters can be challenged, this in the state of Ohio. That story continues today. O'BRIEN: The candidates traveling frantically yesterday. This morning, we take a look at where candidates are this morning, talk to supporters of each man. James Carville, the Democratic strategist and also the "CROSSFIRE" host, is with us, and the governor of Ohio, Bob Taft will join us, as well.

HEMMER: All right, Jack Cafferty, good morning.

JACK CAFFERTY, CNN ANCHOR: I am so happy this is almost over. If things go the way they're supposed to, by tomorrow morning, either Mr. Kerry or Mr. Bush will be scratching his head, wondering what he's going to do next. What if your guy loses? Are you going to suck it up, stiff upper lip and all that, or are you going to whine, and pout and walk around kicking bricks. We'll take a look at that in a few minutes.

HEMMER: Good deal. Jack, thanks.

That hurts, by the way, kicking bricks.

CAFFERTY: If you are bare foot in the winter time.

HEMMER: Tough on the toes.

We're going to watch the polling activity certainly throughout the morning here. CNN counting down the hours as the polls begin to close. As early as 7:00 tonight for some states, 12 hours from now. At this hour, most polling stations are open in 24 states, including New York, New Jersey, Ohio, Pennsylvania, Florida, Virginia, Maryland and Illinois. The nation's first Election Day votes were cast just after midnight in New Hampshire. That's fitting, is it not? In the mountain hamlet of Hart's Location (ph), Ralph Nader picked up one vote there.

Minutes later, 26 registered voters in Dixville Knox, about 50 miles to the north split 19 for President Bush and seven for Senator Kerry. Now a major ruling was issued early this morning that could determine what happens in the swing state of Ohio. A federal appeals court says challengers may be present inside the polling places throughout that state. This has gone back and forth for about a week now.

Adaora Udoji is live in Canton, Ohio, northeastern part of the state, where voting there is already under way.

Good morning.

ADAORA UDOJI, CNN CORRESPONDENT: Good morning, Bill.

You're right, there's a lot going on in the state of Ohio. Polling places have been open about a half an hour. We are in Canton. It's been a steady flow of folks. In fact, there are probably 50 waiting before the doors open.

And meanwhile, there's been one court decision after another. Early this morning, as you said, the appeals court voting in favor of the Republican position here in the state. The Republicans have been arguing that they should allow, as Ohio state law allows, the challengers to be inside the polling stations questioning the legitimacy of any voters.

The Democrats had argued that they thought the only intention in that law was basically to suppress the vote, to intimidate voters. Now, two lower courts had sided with the Democrats, and then the appeals court siding with the Republicans, and then the Democrats then went to the United States Supreme Court, who let the decision stand.

Of course, Bill, the question is at this time, at 6:30 in the morning when all of this was unfolding, whether the 50,000 poll workers across the state of Ohio understand exactly where the law stands? The secretary of state last night urging everyone to be patient and calm as they try to work through this day -- Bill.

HEMMER: Thanks. In Canton, Ohio, it could be rough weather there today. We'll see how that affects the turnout today. Thanks for that -- Soledad.

Ohio certainly has received plenty of attention from both candidates during the campaign.

Ron Brownstein is CNN's political analyst, also "L.A. Times" columnist. He's in Cleveland this morning to tell us why the Buckeye State is critical to both sides.

Let's begin with this ruling that we just heard about from Adaora. It now allows legitimacy of certain voters to be questioned. Specifically what do you think the impact of is of this ruling overnight and this morning on the election today.

RON BROWNSTEIN, CNN POL. ANALYST: We're going to have to see, Soledad, how aggressively the Republicans try to use the authority that the courts gave them. Extraordinary split here with the African- American Republican secretary of state asking the state party not to go ahead with this program, and the state party apparently deciding to do it. Democrats are confident that most of these challenges of the vast majority will be rejected. The decision belonging to the local officials at the precinct level. But it is a wild card. And it sets up the opportunity if it's close for post-election charges of either fraud or suppression.

O'BRIEN: Because of legal issues like this, and also the close poll numbers of Ohio, some people say Ohio is going to be the Florida of 2004? Do you think that's a fair assessment potentially?

BROWNSTEIN: Florida could be the Florida of 2004. Either one could, you know, if it is close. And there are other states as well with sort of the national issue of provisional balloting and how those provisional ballots are going to be assessed. If this race is close enough that it's within, in effect, the margin of litigation, you've got to think from everything we've seen, that both sides are going to use every tool available to them to contest it.

O'BRIEN: What is the margin of litigation? we've been talking a lot about contesting numbers if it's close. Specifically, what's that margin?

BROWNSTEIN: You know, I don't think we know. I mean, a lot of it will depend on how many of these provisional ballots, which as you know were mandated by Congress in their post-Florida reforms, allowing people to cast a provisional ballot if their eligibility is in question. How many of those ballots come in? Are they larger than the margin of victory in some of these states? Are there other voting disputes that's merge?

The real question is can either person, either candidate here, establish a majority that breaks the deadlock we have had in American politics? Four years ago, we had only the fourth time in history the president winning the White House by losing the popular vote, almost an even split in the Elector College. But the pre-election polls point us to something looking very much like that, and the question is whether one side can tip it here in the final hours.

O'BRIEN: You went to Bruce Springsteen's rally, some 50,000 people is one of the numbers they threw out as the number of attendees. What do you think is the value and importance of the rallies like that? Is it one, they say preaching to the converted anyway, or, two, is it just people who are Bruce Springsteen fans, who really don't care necessarily about the politics behind the concert?

BROWNSTEIN: I think the value of a rally like that is a picture in the evening news and on the morning paper is a huge crowd greeting the candidate. You've seen how much in your own interviews over the last few weeks with surrogates from the campaign, how much emphasis and priority they put on giving the sense that they have momentum and energy going into this race. They want their side to be optimistic, to be engaged and to come out in big numbers, and I think what they're trying to do with these last-minute rallies is convey a sense of momentum for the campaign, and certainly putting 50,000 people on the street in downtown Cleveland gives them a picture that helps them do that.

O'BRIEN: Ron Brownstein joining us this morning. Ron, thanks. And you know what, we're going to be talking a lot today and in later days. Thanks -- Bill.

HEMMER: We'll talk to the governor of Ohio, again, in about 20 minutes from now.

Now in Florida polls are open there. Let's get to Gary Tuchman in West Palm Beach Florida.

Gary, good morning.

How's the turnout?

GARY TUCHMAN, CNN CORRESPONDENT: Bill, right now, people are streaming into the small firehouse in West Palm Beach, Florida to vote with the new touchscreen machines. 5.8 million votes were officially cast in Florida four years ago. The official separation between Al Gore and George W. Bush, 537 votes. That gives you an idea of how small it was, since this little tiny precinct in West Palm Beach has 900 voters by itself.

But behind me, a big difference from four years ago. Four years ago, they were using punch card ballots here in the state of Florida. You remember 1,431 nights ago tonight, that was the Election Day four years ago when the poll workers held the poll workers held those punch card ballots to the light, looking at the pregnant chads, the dimpled chads, trying to determine if votes were cast. It certainly was chaos. That won't happen here in the state of Florida this year. Punch card ballots have been outlawed. Fifteen of the 72 counties in the states are using the touchscreen machines. The rest of the counties are using the optical scanning systems. But we can tell you, there's a line outside the firehouse right now as people want to exercise their right to vote for president of the United States in the year 2004, four years after the chaos here in the Sunshine State -- Bill.

HEMMER: Gary, thanks. Some of those pictures extraordinary over the past several days, too, lines four hours or more as people wait to cast their ballot there.

Our election coverage comes to you live from the Nasdaq marketsite in Times Square from realtime election results to 96 TV screens. We'll have a live town hall meeting in progress later tonight. Primetime coverage starts at 7:00 Eastern Time -- Soledad.

O'BRIEN: Well, obviously, the election is our big story this morning, but there are other stories making news.

Heidi Collins has a look of those before we turn back to the election.

Good morning.

HEIDI COLLINS, CNN ANCHOR: Good morning to you guys, and good morning to you, everyone.

Now in the news, a deadly explosion in central Baghdad. At least six people were killed, eight others wounded, in a car bomb attack about five hours ago. The blast took place near Iraq's ministry of education. The bombing follows a round of kidnappings yesterday from the compound of a Saudi company in Baghdad. One American is said to be among those held. There are reports two seized Iraqis have already been released.

We could hear more about the condition of Palestinian leader Yasser Arafat today. A Palestinian representative is expected to speak later this morning outside the Paris military hospital where Arafat is being treated. Arafat was flown there last week. Doctors are not yet saying what's wrong, but a possible diagnosis could be made public tomorrow.

In California now, Scott Peterson's lawyers get their turn today. The defense will deliver its closing arguments in the double murder trial. Jurors heard from the prosecution yesterday. Lawyers portrayed Peterson as a swinging bachelor who wanted to make his fantasy world a reality. Jury deliberations are expected to begin tomorrow.

And turning back now to election news, a federal judge has partially granted Senator Tom Daschle's request to limit GOP poll watchers in South Dakota -- that's according to the Associated Press. The Democratic senator filed a lawsuit against opponent John Thune and other members of the Republican party in South Dakota, accusing them of harassing and intimidating American Indian voters. The ruling prevents poll watchers from following American Indian voters out of the polling places.

Back now to...

HEMMER: A day full of politicians and lawyers, don't you think?

O'BRIEN: Pretty much, yes.

COLLINS: Already.

HEMMER: I think so. And it may continue past today. But today, of course, we're focusing on the election. Heidi, thanks for that.

Time now to check the forecast. Weather, of course, does play a role in the election, as well. Chad Myers has a look at some of the places we're looking at. Colorado, snow? Ohio, rain?

(WEATHER REPORT)

O'BRIEN: You know what? When you consider the amount of time that some of these folks are waiting out in order to vote, I mean, you want to stand out in the snow and rain for hours and hours? I think that it's going to have an effect, but we don't know really.

HEMMER: They'd swap Florida for that one, wouldn't they?.

O'BRIEN: Suddenly you want your polling place to be in Florida -- maybe.

HEMMER: Thank you, Chad.

In a moment here, the bitter fight for votes takes another turn in Ohio. What does the governor have to say about the latest ruling early in the morning hours about voter challenges? We'll ask him about that in a matter of moments.

O'BRIEN: Also, history's only actor-turned-U.S. president was one of the most popular ever. So, do any of today's celebrities have the goods to sit in the White House? A look at that ahead.

HEMMER: Also, the candidates now concede the finish line. How are they spending the final hours of this campaign? We'll get a live update from both sides when AMERICAN MORNING continues today, Election Day, November 2nd, 2004.

(COMMERCIAL BREAK)

O'BRIEN: Live pictures brought to us by our affiliate WNYW in Brooklyn, New York, where they are voting. You can see the long lines sort of snaking through that long auditorium -- or gym, it looks like -- where they have started to vote. And it looks like that polling place actually been opened for many, many hours...

HEMMER: Either a lot of people are going to be late for work, or a lot of people are going to be leaving work early to get to their own polling station. If lines are like this all the way across the country...

O'BRIEN: Everywhere.

HEMMER: ... you're also going to get people standing in line and casting their votes after the polling stations officially close. In other words, if you were set to close at 7:00, if you're still in line, you still have the right to cast your ballot. But if that line goes several hundred people deep, which is a strong possibility...

O'BRIEN: ... take hours.

HEMMER: ... you're exactly right about that.

O'BRIEN: Yeah, it's going to be a long day. I think that is fair to say for everybody.

Well, after months of relentless campaigning, it all comes down to today, obviously, for the presidential candidates. Each is going to vote in his home state: President Bush in Crawford, Texas; John Kerry in Boston.

National correspondent Kelly Wallace is traveling with the senator in La Crosse, Wisconsin. And we begin, though, with White House correspondent Suzanne Malveaux, who is traveling with the president. He's at his Texas ranch this morning. Hey, Suzanne, good morning.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, good morning, Soledad.

Marine One touched down at 1:40 in the morning at the Crawford Ranch in what can only be called a grueling campaign finale. President Bush, of course, will be voting in Crawford in about 90 minutes or so.

The president also breaking with tradition today: He is going to be making one last stop, a get out the vote effort in Columbus, Ohio. This, as you know, Soledad, is a state that ever Republican has had to capture if they want to win the White House.

(BEGIN VIDEOTAPE)

(voice-over): In the predawn chill, a dramatic arrival at Marine One pulls into an airport hanger in Ohio. In the final hours of the president's campaign, it was all about projecting confidence.

GEORGE W. BUSH (R), PRESIDENT OF THE UNITED STATES: With your help, we will carry this great state and win tomorrow. MALVEAUX: But with the election still too close to call, Mr. Bush spent his final campaign day sprinting across seven cities in six states in 19 hours. Beginning in Ohio, on to Pennsylvania, Wisconsin, Iowa, New Mexico, and ending with a homecoming rally in Texas.

CURT SCHILLING, BOSTON RED SOX PITCHER: I know everybody wants to be a part of a winning team, and there's plenty of room on this bandwagon.

MALVEAUX: Despite the much-anticipated introduction by World Series pitcher Curt Schilling, early in the day the president seemed subdued. His aides say he was simply relaxed and at peace with whatever the next 24 hours would bring. And to assure voters he was upbeat about his shot at winning, the president paid reporters a rare visit between campaign stops.

BUSH: The finish line is in sight. And I just want to assure you I got the energy and the optimism and the enthusiasm to cross the line.

MALVEAUX: But Bush aides concede they are a bit nervous about the late deciders, who historically vote for change. And so, Mr. Bush will campaign up until the very end, breaking with tradition not to stump on Election Day, when he makes one last trip to Ohio.

BUSH: I want to continue telling the people what I intend to do to protect them and how I intend to put policies in place to make sure America is a hopeful place.

(END VIDEOTAPE)

MALVEAUX (on camera): Soledad, there really has been a change in the tone, I would say, over the last 24 hours among the campaigners. The president, they say, is feeling rather nostalgic. He has been surrounded by close friends and those in his inner circle. We are told he was playing gin rummy yesterday between those campaign stops, making a toast, drinking a milk shake.

But of course, there is a sense of nervousness around the campaign, as well. President Bush, after he casts his ballot here, will return to Washington at the White House. That is where he's going to watch those returns -- Soledad?

O'BRIEN: ... got to imagine a sense of nervousness for both campaigns. Suzanne Malveaux for us this morning. Suzanne, thanks. And of course, we'll keep talking to you throughout the morning and the afternoon -- Bill?

HEMMER: All right. Checking in with Kelly Wallace now, the Kerry campaign, La Crosse, Wisconsin, there this morning. Good morning, Kelly.

KELLY WALLACE, CNN NATIONAL CORRESPONDENT: Good morning, Bill.

Well, Senator Kerry making his final appearance in person in a battleground state this morning. He will be having some get out the vote rally. Wisconsin is a state where voters can register today and then vote today.

Then, the senator heads to Boston, where he will watch and wait to see if his two-year effort to capture the presidency will be successful.

(BEGIN VIDEOTAPE)

WALLACE (voice-over): Rallying the troops at 2:00 a.m. in La Crosse, Wisconsin, the end of an 18-hour six-stop, four-state blitz. Wisconsin, which Al Gore narrowly won in 2000, remains in the concerned column for camp Kerry. That is why the senator was back in the state earlier in the day in the rain in Milwaukee.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: Wet as you may be, cold as you may be, are you ready to move America in a new direction?

WALLACE: Two years of campaigning winding down, Senator Kerry seems looser than ever, enjoying the finale.

Inside an airport hanger in Toledo...

KERRY: Let's get it done in Ohio.

WALLACE: And inside the Joe Louis Arena in Detroit.

KERRY: Muhammad Ali was boxing away with George Foreman and George Foreman threw a lot of punches, and a time came, Muhammad just sort of stood back and said, George, is that all you got?

WALLACE: In the fight of his political life against a wartime president, he rolls out the big stars for the homestretch. Stevie Wonder and Bruce Springsteen, who once again turned out tens of thousands, this time in Cleveland, where Senator Kerry and wife Teresa were reunited on the stump. After all the miles, the handshakes and the speeches, the senator's quest for the presidency now in the voters hands.

KERRY: I promise you, that you go to those polls, take people to those polls, we have an effort in place across this country to guarantee that in 2004 not only does every vote count, but every vote will be counted.

(END VIDEOTAPE)

WALLACE: And Senator Kerry will go to Boston to vote. He will also take part in his Election Day tradition, going to the same Boston restaurant for lunch. He also will likely do some interviews with stations in battleground states, then it is time to just watch those returns. Aides say they are confident this will go Senator Kerry's way. But, Bill, all they can do right now is hurry up and wait.

Kelly, thanks, in La Crosse, Wisconsin. We'll talk to you later this morning -- Soledad.

O'BRIEN: Still to come this morning, the Ohio court decision that could swing the election, and the candidates aren't the only ones who have a lot on the line today. So do the TV networks. They're going to be closely watched, but not for the usual reasons. We'll explain as AMERICAN MORNING continues, right after this short break.

(COMMERCIAL BREAK)

HEMMER: All right. Oil prices tumbling now, while Merck take as tumble of its own. With that and a preview of the markets, Andy Serwer checks in now "Minding Your Business."

Good morning. Fifty bucks a barrel, or less?

ANDY SERWER, "FORTUNE" MAGAZINE: Below. Lot of tumbling this morning, huh, Bill. Yes, let's talk about the markets, first of all. The Dow is up again 27 points to the upside yesterday. Five days in a row the market has been up, and as Bill was saying, it's because the price of oil is falling, below $50 this morning. Why is that? Three theories: number one, a speculators in the market, and you can see here, we've gone from 55 to 50 very quickly. Speculators in the market, natural selling has taken place when it hits 55.

No. 2, partisan theories here. First of all, the president somehow has orchestrated a lower price of oil as we come to the election. These are conspiracy theories on Wall Street that you're hearing this morning.

And this is actually an interesting one, from the other side, the prospect of a Kerry victory is making the price of oil fall, because he's conservation minded, and also he would not be filling the Strategic Petroleum Reserve. So interesting theories being floated on Wall Street.

Let's also talk about Merck very quickly. That stock down almost 10 percent yesterday because of the story in "The Wall Street Journal," suggesting the story knew about the problems with its Vioxx medication and hid them for years. We'll be talking more about the markets in the next half hour.

HEMMER: Good deal. Thank you, Andy.

SERWER: You're welcome.

O'BRIEN: You know what, someone is going to win, and someone is not.

CAFFERTY: There you go. The analysis of the proceeding national election brought to you courtesy of a mother of four.

SERWER: Thank you.

CAFFERTY: The nation has not been this divided since 1968, when Richard Nixon beat Hubert Humphrey at the height of the Vietnam War. It's been partisan, and nasty and very hard fought, and very, very expensive, hundreds of millions of dollars spent by each side, accusing the other of everything perhaps except necrophilia, yet at the end of the day neither candidate was able to gain a significant advantage. It's probably going to be very close, but as Soledad suggested, somebody going to lose.

Here's the question, how will you react if your guy loses? am@CNN.com. You know, half the world thinks we're a little nuts anyway at this point. I suppose we have an opportunity not to get syrupy about this, too.

O'BRIEN: Kind of psychological, too.

CAFFERTY: You know, fall behind whoever is declared the winner, and say, OK, you know, now we're back to being the United States of America and go on down the road.

SERWER: Yes, be interesting to see if that happens this time.

HEMMER: Have you seen the pictures of these lines? For days we've been reporting on it. There's a line down in Miami already that's (INAUDIBLE) outside a polling station there. This is just...

SERWER: Yes, but you shouldn't discourage people by talking about these lines.

HEMMER: Not at all. Not at all. I mean, I think it just goes to the enthusiasm for this election.

SERWER: James Carville stops by in a moment from "CROSSFIRE." What is he thinking, feeling today? Plus, the back-and-forth fight over poll challengers in Ohio. The courts have decided whether or not they can stay. We'll talk to the governor, Bob Taft, in that state in a moment. His reaction after this.

(COMMERCIAL BREAK)

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