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Ohio Court Rules that Challengers Could Go Back Into Ohio Polling Places; Bush Votes in Crawford, Texas
Aired November 02, 2004 - 08:31 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.
BILL HEMMER, CNN ANCHOR: Welcome back, everybody. Election Day 2004. "Daily News" today says after all the snipping, snapping, shouting, spending, spinning, scheming, and slander, now -- yeah, it's up to you. So, Election Day 2004.
Welcome back. Polls have been open now in some places for the better part of two hours right now. And this legal battle and the question went on through the night over voting in the key battleground state of Ohio.
Jeff Toobin explains why possible voter intimidation lost out to the rule of law. So, we'll get Mr. Toobin's thoughts on that in a moment.
SOLEDAD O'BRIEN, CNN ANCHOR: Also this morning, issues at the Supreme Court, Chief Justice William Rehnquist, 80-years-old and the fourth member to be treated for cancer. Whoever gets elected, they'll likely be responsible for some changes at the high court. Elizabeth Cohen is going to update us on the health of the Supreme Court this morning.
HEMMER: Also as we start off another half hour here, we're on for five hours today, as election coverage continues. Heidi Collins with us, looking at the headlines from around the world. Good morning.
HEIDI COLLINS, CNN ANCHOR: That's right. Good morning, guys. And good morning to you, everyone.
Now in the news this morning -- we begin in Iraq, where U.S. Military sources say at least four civilians were killed when a car bomb exploded in Mosul. A dozen Iraqi National Guard members are being treated for injuries from that attack.
And in Falluja, the U.S. Military launched an air strike on insurgent targets there. A weapons site was destroyed in the attack.
One day after a suicide bombing in Israel, Israeli troops have destroyed homes belonging to people they say were responsible for the attack in Tel Aviv. Yesterday's blast at an open-air market left at least three people dead, more than 30 others wounded.
In California, the Scott Peterson double murder trial is wrapping up. The defense is set to deliver its closing arguments today, one day after prosecutors laid out their case. Prosecuting lawyers will be back before the jury this afternoon for a rebuttal, and that case could go to the jury 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. This is 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. The suit accuses them of harassing and intimidating American Indian voters. The ruling prevents poll watchers from following American Indian voters out of polling places.
And back now over to Soledad.
O'BRIEN: All right, Heidi. Thanks. A major ruling issued early this morning that could determine what happens in the swing state of Ohio. Here now, CNN legal analyst Jeff Toobin. Good morning.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi.
O'BRIEN: The Supreme Court said -- rejected the appeal to hear this. So, what's the implication of that?
TOOBIN: It was just an extraordinary night of legal drama. At 1:30 in the morning, the Sixth Circuit Court of Appeals ruled two to one that the challengers could go back into the Ohio polling places. So, the Republicans won and the Democrats lost. The Republican challengers, as well as Democratic challengers -- when they're there -- will be allowed to go back into polling places...
O'BRIEN: So, voters who go in and want to vote could theoretically be challenged by one of these monitors.
TOOBIN: Right. And that's been the status quo in Ohio. That is the law in Ohio. Democrats tried to change it. They persuaded three different federal judges that this was racially discriminatory. But the Sixth Circuit said no. The Democrats, then, appealed to the Supreme Court Justice, John Paul Stevens, who is responsible for that area. He said he wasn't going to get involved. So, the ruling stood.
But now you have the Supreme Court involved, and it's potentially a very different Supreme Court.
O'BRIEN: How -- does anyone know yet how theoretically or specifically this would work, these monitors? And again, we should make it clear, Republicans and Democrats technically, legally could be the monitors inside these polling places. Do they stand near the polling table? Can they -- do they have the right to ask for ID? Do you have to show your ID to anybody who asks for your ID?
TOOBIN: They don't have the right to demand anything of voters. But they can say to the people who are working at the polls, "This does not appear to be the person who is registered here. We want to challenge." You know, obviously every polling place...
O'BRIEN: But that would require someone to hover over the people at the table... TOOBIN: Hovering over is permitted. Hovering over -- that's why the Democrats said it was threatening to -- had the potential for delay. That's what happened.
O'BRIEN: Did it surprise you at all that the Supreme Court said -- Paul Stevens said, "I don't want to hear this?"
TOOBIN: No, it didn't -- especially now, because you have, effectively, an eight-member Supreme Court now. I mean, Justice Rehnquist -- Chief Justice Rehnquist is obviously a very sick man.
Now, he can participate in cases from home in theory, but no one really knows how seriously ill he is. And yesterday's announcement suggests he is far more ill than the Supreme Court initially led us to believe.
O'BRIEN: He said that he had hoped to be sitting back on the bench on Monday -- didn't happen. And then, he said, well, it was a little ambitious on his part. But he is undergoing chemo and radiation.
TOOBIN: Chemo and radiation. And according to doctors who have been quoted on these reports, that is very significant in thyroid cancer. Plus, he's 80-years-old.
O'BRIEN: Yeah. Jeff Toobin, thanks. Appreciate it -- Bill?
HEMMER: All right, Soledad.
Want to take our viewers live now to Crawford, Texas, outside of a fire station there. The president of the United States, George W. Bush, now emerging to go inside and cast his vote in this election campaign 2004. The president returning to Crawford, Texas, after a very long day yesterday -- some say about 19 hours on the stump. Six different states, crisscrossing the state, and hitting a lot of the upper Midwest section, too, places like Ohio and Wisconsin and then Iowa, on the final day of campaigning.
We also know later today the president will make one final stop in Columbus, Ohio. We all know the battleground that's being played out in Ohio. Twenty electoral votes in the Buckeye State. No Republican has ever won the White House without first winning in the state of Ohio. In fact, only two Democrats have ever won the White House and -- without winning the state of Ohio. So, again, a critical place for George Bush and John Kerry as they stump on the final day today.
And in a moment here, we'll see the president emerge here and head on into that fire station. There are some analysts, Soledad, who do believe today that -- there are the bush daughters coming out. Barbara on the right there. I have not seen Jenna. There we go. The twins now emerging, set to cast their ballots, as well, back in the hometown of Crawford, Texas.
Some analysts believe based on the voter turnout that we're picking up now that there could be upwards of 120 million people who set out to cast a ballot today. And the 43rd president now emerging out of that SUV in Crawford, Texas.
O'BRIEN: Laura Bush going in, as well -- and posing for a photo op.
HEMMER: Yeah, we will see this picture again.
I mentioned the stop in Columbus, Ohio. Many people observed that this kind of breaks tradition from what we have seen this president do in the past, though. But the urging of his wife, one final step to get out the votes there.
Franklin County in the central part of Ohio went to Al Gore by just about a smidge of a point back in 2000. Democrats believe they cannot win the state of Ohio unless they have a strong turnout in Franklin, Ohio. So, you now see how the two sides are playing that particular part of the state.
O'BRIEN: The president covering over 2,000 miles in just some 19 hours yesterday alone, and a busy day again today. A really grueling schedule for both of them.
HEMMER: More pictures from Crawford in a moment here. But as our coverage continues, in an effort to prevent a repeat of what happened four years ago, TV networks -- including CNN -- not taking any chances when it comes to projecting a winner this time around. There have been changes. There are safeguards in place now.
We will be much more careful, we know, as we go throughout the evening tonight -- in part because the software is better, the computers are better, and also the analysis will be better.
Here's Jason Carroll telling us about the extra precautions this time around that are in place and are ready.
(BEGIN VIDEOTAPE)
JASON CARROLL, CNN CORRESPONDENT (voice-over): It was a historic night.
JUDY WOODRUFF, HOST, "INSIDE POLITICS": CNN announces that we call Florida in the Al Gore column.
UNIDENTIFIED MALE: George W. Bush is the winner in Florida and, thus, it appears the winner of the presidency.
CARROLL: And it was confusing.
UNIDENTIFIED MALE: Bulletin -- Florida pulled back into the undecided column.
UNIDENTIFIED MALE: Our earlier declaration of Florida back to the too close to call column.
CARROLL: All because the networks got it wrong.
UNIDENTIFIED MALE: We don't just have egg in our faces, we've got omelet all over our suits.
CARROLL: There were so many flip-flops Election Night 2000, network heads were questioned about it during hearings. One Congressman called it...
REP. JOHN DINGELL (R), MICHIGAN: A monumental screw-up.
CARROLL: Lesson learned. This time, networks are playing it safe.
WOLF BLITZER, CNN ANCHOR: If it's close, we're not going to report a winner in Florida or Ohio or Pennsylvania or anyplace else.
CARROLL: CNN's Analysis Center will sift through data coming in before calling a winner.
At ABC, a new rule for projecting winners.
DAN MERKLE, DECISION DESK CHIEF, ABC NEWS: We will not make a projection if the margin between the candidates in the vote count is less than a percentage point.
CARROLL: CBS moved their decision desk within earshot of the anchor desk for better communication between those calling the race and reporting it.
KATHY FRANKOVIC, SURVEY UNIT DIR., CBS NEWS: What we do is oh so much better than it would have been had 2000 not happened.
CARROLL (on camera): In 2000, all of the networks relied on exit poll results, which turned out to be inaccurate, from an organization called Voter News Service. It has since folded.
UNIDENTIFIED MALE: We'll be monitoring each of the five networks.
CARROLL (voice-over): This time, networks will rely on Edison Media Research and Mitofsky International for exit polls.
JOE LENSKI, CO-FOUNDER, EDISON MEDIA RESEARCH: Everyone has learned a lot of lessons since 2000 about the reliability of data and how to be cautious and wait until all the votes are counted in the really, really close races.
CARROLL: All the networks held rehearsals striving not necessarily to be the first to call the race, but to be as accurate as possible.
Jason Carroll, CNN, New York.
(END VIDEOTAPE)
HEMMER: And one more reminder here, later tonight, election coverage television-wise is all about the graphics you see on the screen. That's the best way we can show and tell the story. What better place to be than the Nasdaq MarketSite in Times Square -- 96 television monitors there, and we'll be there later tonight at 7:00 Eastern Time. Also coverage at cnn.com starts all day long. So check us out -- Soledad.
O'BRIEN: Let's take you back to Crawford, Texas. That was where President Bush is now voting this morning. It's Karl Rove doing some last-minute phone calls. We've also seen there Condi Rice, Karen Hughes and Laura Bush.
Let's listen in to what Karl Rove is saying this morning.
KARL ROVE, WHITE HOUSE CHIEF OF STAFF: Chairman Gillespie, you have done a fabulous job at getting out the Republican vote. Keep it up.
O'BRIEN: The spinning never stops, does it? He is saying -- you could probably pick up a little bit of that, that the Republicans are coming out in huge numbers, really referring to the fact it is voter turnout that is going to be so critical in this election.
There's some voters turning out, Jenna and Barbara Bush, the twins, obviously casting their votes as well, and then, of course, President Bush and the first lady as they wrap up their voting this morning, really kicking off what is going to be another grueling and busy day.
GEORGE W. BUSH (R), PRESIDENT OF THE UNITED STATES: It is such a wonderful feeling to vote. This election is in the hands of the people and I feel very comfortable about that.
People know where I stand.
I've enjoyed this campaign. It's been a fantastic experience traveling our country, talking about what I believe and where I'm going to lead this country for four more years.
And, you know, there's just something refreshing about giving it your all and then saying the people will make the right decision.
And I believe I'm going to win.
QUESTION: I wonder, why do you believe this election is this close?
G. BUSH: Well, first of all, it's been a lot of issues we've debated, big issues of war and peace and the economy. I've got a philosophy everybody understands. I've got a clear view about how to lead.
But we'll see how it goes tonight. You know, I'm not a very good prognosticator. You're the pundit, you're the person who makes all the forecasts. And we'll see what the people say and that's where we are. Now's the time for the people to express their will.
QUESTION: Mr. President, do you have any butterflies?
G. BUSH: I don't. I know I've given it my all. I feel calm. I feel -- I am confident that the people -- in the judgment of the people.
I'm one of these candidates I feed off the enthusiasm of the people. Yesterday was an amazing day in my political life. We had seven stops. The enthusiasm was contagious.
I'm so grateful for the thousands of people who have been working on my behalf and who are praying for me and Laura. Great day yesterday. The whole campaign was a fantastic experience.
And I'm very comfortable that I got my message out. The people know where I stand. The people know I know how to lead. The people know I have a vision for the future of this country.
And I'm -- we're going to go one stop in Ohio to tell the volunteers thanks for their work. And we'll go back and await the outcome.
QUESTION: Sir, what about all the passion in this country? I mean, you have generated so much passion both for you and against you. How do you account for that?
G. BUSH: Well, I take that as a compliment. It means I'm willing to take a stand.
A lot of politicians take positions, but they don't take a stand. I take a stand. And I tell people what I believe and what I think.
These are very troubling times. And I believe a president must lead by being resolute and firm and strong and clear.
And the people know that. That's why I'm comfortable about this election. I've given it my all.
And more importantly, I have clarified the differences between what I believe and what my opponent believes.
Any other questions besides Stretch? He seems to be dominating. Perhaps the rest of you are somewhat groggy.
QUESTION: Sir, what is it that it comes down to when the voters, kind of, walk into the booth today? For American voters, what is the issue? What does it come down to?
G. BUSH: The issue is who do you trust.
This is a campaign of trust. Who do you trust to secure this country? Who do you trust to lead with firmness and steadfast resolution to protect the American people? Who do you trust to adhere to the values, the values that most people agree with? And who do you trust to keep this economy growing?
QUESTION: And you trust the results will come out tonight?
G. BUSH: Absolutely. I trust the judgment of the American people.
I love our democracy. And I have got great faith in the wisdom of the people of this country.
QUESTION: Does it feel to you like we'll know the results tonight? Or will it be a nail-biter, like it was four years ago?
G. BUSH: Well, of course, these are the pundits. There's pundits and prognosticators like you all. You are doing a fabulous job of speculating what may happen.
My hope, of course, is that this election ends tonight. I think it's very important for it to end tonight. The world watches our great democracy function and it would be nothing better for our system for the election to be conclusively over tonight so that -- I think it's going to be me -- so I can go on and lead this country, bring people together, set an agenda, which will be to make sure America is secure, expand our prosperity, and move forward and bring Republicans and Democrats together.
Listen, we're off. I've enjoyed it. Thank you for your coverage. And thank you for your hard work.
QUESTION: Any words for Senator Kerry this morning?
G. BUSH: Wish him all the best. He and I are in the exact same position. We have given it our all. And I'm sure he's happy, like I am, that the campaign has come to a conclusion.
All I can tell you is I know that I've put my full amount of energy into this campaign and I've enjoyed it. And I am enthused and have been uplifted by the spirit of our supporters and by the prayers of our supporters.
Anyway, thank you all very much.
LAURA BUSH, FIRST LADY: Bye, everybody. Thanks.
O'BRIEN: That's the scene in Crawford Texas this morning, where President Bush and Laura Bush voted just minutes ago, and then took a moment to talk to some of the correspondents camped out in front of that polling place. The president using the opportunity to continue and campaign. It never really ends, even today. You mentioned he's heading off to Ohio to chat with some of the volunteers, but really taking a moment to underscore these final hours some of the themes that his campaign has been trying to hammer throughout what has been a very tough campaign at times.
Consistency, confidence, clarity of message, and trust, saying that he trusts the American people to make the right choice, and also basically saying he gives his well-wishers to his challenger. Senator Kerry saying they are both probably very glad that the campaign is coming to an end.
HEMMER: Yes, one more stop in Columbus, Ohio on the way back to the White House. The president and first lady heading back there to watch and wait for the results later tonight, and we shall see where we are at the end of the day today. Both men, by the way, believe that they will have a president later tonight. George Bush and John Kerry think the results will be final later tonight.
Already the results are in from overseas, a global virtual vote that is. Jack has the winner in "The Cafferty File" in a moment, also don't forget, later tonight, 7:00 Eastern Time, live on CNN. We're at the Nasdaq marketsite, after this.
(COMMERCIAL BREAK)
O'BRIEN: Welcome back, everybody.
JACK CAFFERTY, CNN ANCHOR: One major chain is inviting shoppers to watch election results in its stores. The problem is they have absolutely no taste in the selection of channels that they are going to allow their customers to view. Andy Serwer is here "Minding Your Business." I changed that just a little.
ANDY SERWER, "FORTUNE" MAGAZINE: Well put, my good man.
Let's talk about the markets, first of all. Yesterday an up day for the indexes across the board. You can see the Dow up almost 27 points. Futures nicely higher this morning -- a little bit unexpected. I think lower oil prices have to do with that.
Jack we did get to the bottom of which states the bars are open in. Here's a complete list. OK, here's where they're closed: Delaware, Indiana, Kentucky, Pennsylvania, South Carolina bars are closed. Partial closings in West Virginia, Oklahoma, Minnesota, Georgia, and Idaho.
CAFFERTY: And they're open everywhere else?
SERWER: Yes. OK, that's the important information we bring to our viewers.
This is a bad day for retailers across the nation. As you can imagine, any spare time people have, they go to the polls then go home afterwards and watch the election -- preferably on CNN. Macy's is opening early. Jewelry stores selling pins. 7/11 has got some cups -- "I'm voting for Bush" or "I'm voting for Kerry" when you get cups of coffee. So, they're doing a little thing.
Wal-Mart, though, is going to be broadcasting the election results in its stores. However -- or maybe not however -- and they are broadcasting only the FOX News network. Now, here's what "USA Today" had to say about this, Jack. "By broadcasting FOX's election return, Wal-Mart may be showing a Republican point of view to shoppers," says a consultant. "Most retailers tend to keep political affiliations to themselves."
CAFFERTY: Yeah, so you go to Kmart or Target today.
SERWER: Yeah, you could do that. That's right, you could do that. CAFFERTY: You don't need to be watching the F-word network for the news. We've got the news right here.
SERWER: Point well taken.
CAFFERTY: Thank you, Andy.
SERWER: You're welcome.
CAFFERTY: "The Cafferty File" now. Despite a dead heat here in the U.S., a virtual vote company online -- company called globalvotes.org -- says John Kerry will win by a landslide. One hundred thirteen thousand people from 119 countries voted online with this outfit. John Kerry got 77 percent of the vote, President Bush took just nine percent of the vote, and Ralph Nader got 14 percent of the vote. Well, that ain't going...
SERWER: Yeah.
CAFFERTY: Despite the virtual vote giving John Kerry the win, there's one guy overseas who thinks Bush will be today's winner. A businessman in Sri Lanka is so sure that President Bush is going to win, he's taken out full-page ads in all of Sri Lanka's leading newspapers to congratulate President Bush. He has never set foot on U.S. soil, but he spent $10,000 to spread his message that reads, quote, "Honorable sir, congratulations for your victory."
SERWER: That's a true believer.
CAFFERTY: Must be looking for one of them no-bid contracts.
Voters in Alaska will decide today whether to make their state the first in the country to legalize the sale, possession, or use of marijuana. Alaska already allows the legal possession of small amounts of the weed by adults. Supporters say the further loosening of restrictions on marijuana would allow governments to regulate and tax it. And it would free up law enforcement to pursue, quote, "serious crimes."
Alaska's already the most liberal state in the nation when it comes to pot. The biggest concern is that the bill supporters remember to go vote.
SERWER: Are there direct flights from New York?
CAFFERTY: You want to catch a nonstop to...
SERWER: Just wondering. They are not necessarily connected.
HEMMER: How about Sri Lanka? Columbo beautiful this time of year.
Hey, there's some crazy things going on out there. The Red Sox win the World Series. It's snowing in Texas. And the camels are parading now down Sixth Avenue, getting ready for the Christmas season at Radio City across the street. What do you guys think about today? Feel a sense of excitement or not? Talking about it for months.
CAFFERTY: I think there is excitement. One of the things that I'm getting a lot of, because I read all these e-mails that come in, a lot of people are saying there are no problems at the polls. There are no long lines at the polls. My wife called, said it -- she said it took 10 minutes to vote.
HEMMER: That's good.
CAFFERTY: So, you know, don't be discouraged by news of long lines. They don't exist everywhere. And even in some of the places that have lines, they are moving quickly and efficiently. And you can get through the thing and get it done.
O'BRIEN: Yeah, it's not the length of line. It really is how fast it moves. Because you could be in a short line, and if it doesn't move...
CAFFERTY: I feel a sense of excitement, I guess...
SERWER: I just wonder if we're going to know tonight. Are we going to know the answer to the election this evening or...
O'BRIEN: And also, I think it would be remarkable to see how -- in the end what's the voter turnout. Is it 65 percent of all Americans vote in this election? That would be remarkable.
SERWER: That would be enormous.
CAFFERTY: This is absolutely meaningless trivia, but somebody said that no president with four letters in his last name has ever won a second term. Is that true?
O'BRIEN: Yet another indicator.
HEMMER: What did the Redskins do this past weekend? And then what did the Jets do on "Monday Night Football?"
SERWER: The Jets game...
O'BRIEN: And the kids and Nickelodeon? How did they go again?
SERWER: And "The Weekly Reader" poll.
HEMMER: Let's get a break. In a moment, how smoothly is everything going so far? Take you live to some of the precincts across the country as our coverage continues. Live in a moment, campaign 2004, Election Day here on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Still to come this morning, Election Day is here and it's time to let the process run its course. Which man had the edge going in? We're going to talk with Democratic Congressman Dick Gephardt and Bush campaign manager Ken Mehlman ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: From the east coast to the Rocky Mountains, the greatest ritual of democracy begins again. Millions of Americans lining up to cast their ballots and choose the president of the United States. Will it be George Bush or John Kerry? Their long campaigns now at an end. The next chapter in American history being written on this AMERICAN MORNING.
ANNOUNCER: This is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
HEMMER: Good morning. A live picture from Greenbelt, Maryland, Eleanor Roosevelt High School. The lines are long there. We have seen a number of different locations where a similar picture has come in. And Jack keeps us informed that a lot of people are telling him that they've got no problem out there.
So, good morning. It is Election Day 2004. Been a long road to this day. Finally the day is here.
How are you doing today?
O'BRIEN: Very well, thank you.
We should say, the long lines -- again, it's not how long the lines is, it's how fast it moves. And as you pointed out, Jack said lots of people e-mailing him saying they're in and out in 10 minutes.
HEMMER: And that's good.
O'BRIEN: That's good news.
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Aired November 2, 2004 - 08:31 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Welcome back, everybody. Election Day 2004. "Daily News" today says after all the snipping, snapping, shouting, spending, spinning, scheming, and slander, now -- yeah, it's up to you. So, Election Day 2004.
Welcome back. Polls have been open now in some places for the better part of two hours right now. And this legal battle and the question went on through the night over voting in the key battleground state of Ohio.
Jeff Toobin explains why possible voter intimidation lost out to the rule of law. So, we'll get Mr. Toobin's thoughts on that in a moment.
SOLEDAD O'BRIEN, CNN ANCHOR: Also this morning, issues at the Supreme Court, Chief Justice William Rehnquist, 80-years-old and the fourth member to be treated for cancer. Whoever gets elected, they'll likely be responsible for some changes at the high court. Elizabeth Cohen is going to update us on the health of the Supreme Court this morning.
HEMMER: Also as we start off another half hour here, we're on for five hours today, as election coverage continues. Heidi Collins with us, looking at the headlines from around the world. Good morning.
HEIDI COLLINS, CNN ANCHOR: That's right. Good morning, guys. And good morning to you, everyone.
Now in the news this morning -- we begin in Iraq, where U.S. Military sources say at least four civilians were killed when a car bomb exploded in Mosul. A dozen Iraqi National Guard members are being treated for injuries from that attack.
And in Falluja, the U.S. Military launched an air strike on insurgent targets there. A weapons site was destroyed in the attack.
One day after a suicide bombing in Israel, Israeli troops have destroyed homes belonging to people they say were responsible for the attack in Tel Aviv. Yesterday's blast at an open-air market left at least three people dead, more than 30 others wounded.
In California, the Scott Peterson double murder trial is wrapping up. The defense is set to deliver its closing arguments today, one day after prosecutors laid out their case. Prosecuting lawyers will be back before the jury this afternoon for a rebuttal, and that case could go to the jury 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. This is 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. The suit accuses them of harassing and intimidating American Indian voters. The ruling prevents poll watchers from following American Indian voters out of polling places.
And back now over to Soledad.
O'BRIEN: All right, Heidi. Thanks. A major ruling issued early this morning that could determine what happens in the swing state of Ohio. Here now, CNN legal analyst Jeff Toobin. Good morning.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi.
O'BRIEN: The Supreme Court said -- rejected the appeal to hear this. So, what's the implication of that?
TOOBIN: It was just an extraordinary night of legal drama. At 1:30 in the morning, the Sixth Circuit Court of Appeals ruled two to one that the challengers could go back into the Ohio polling places. So, the Republicans won and the Democrats lost. The Republican challengers, as well as Democratic challengers -- when they're there -- will be allowed to go back into polling places...
O'BRIEN: So, voters who go in and want to vote could theoretically be challenged by one of these monitors.
TOOBIN: Right. And that's been the status quo in Ohio. That is the law in Ohio. Democrats tried to change it. They persuaded three different federal judges that this was racially discriminatory. But the Sixth Circuit said no. The Democrats, then, appealed to the Supreme Court Justice, John Paul Stevens, who is responsible for that area. He said he wasn't going to get involved. So, the ruling stood.
But now you have the Supreme Court involved, and it's potentially a very different Supreme Court.
O'BRIEN: How -- does anyone know yet how theoretically or specifically this would work, these monitors? And again, we should make it clear, Republicans and Democrats technically, legally could be the monitors inside these polling places. Do they stand near the polling table? Can they -- do they have the right to ask for ID? Do you have to show your ID to anybody who asks for your ID?
TOOBIN: They don't have the right to demand anything of voters. But they can say to the people who are working at the polls, "This does not appear to be the person who is registered here. We want to challenge." You know, obviously every polling place...
O'BRIEN: But that would require someone to hover over the people at the table... TOOBIN: Hovering over is permitted. Hovering over -- that's why the Democrats said it was threatening to -- had the potential for delay. That's what happened.
O'BRIEN: Did it surprise you at all that the Supreme Court said -- Paul Stevens said, "I don't want to hear this?"
TOOBIN: No, it didn't -- especially now, because you have, effectively, an eight-member Supreme Court now. I mean, Justice Rehnquist -- Chief Justice Rehnquist is obviously a very sick man.
Now, he can participate in cases from home in theory, but no one really knows how seriously ill he is. And yesterday's announcement suggests he is far more ill than the Supreme Court initially led us to believe.
O'BRIEN: He said that he had hoped to be sitting back on the bench on Monday -- didn't happen. And then, he said, well, it was a little ambitious on his part. But he is undergoing chemo and radiation.
TOOBIN: Chemo and radiation. And according to doctors who have been quoted on these reports, that is very significant in thyroid cancer. Plus, he's 80-years-old.
O'BRIEN: Yeah. Jeff Toobin, thanks. Appreciate it -- Bill?
HEMMER: All right, Soledad.
Want to take our viewers live now to Crawford, Texas, outside of a fire station there. The president of the United States, George W. Bush, now emerging to go inside and cast his vote in this election campaign 2004. The president returning to Crawford, Texas, after a very long day yesterday -- some say about 19 hours on the stump. Six different states, crisscrossing the state, and hitting a lot of the upper Midwest section, too, places like Ohio and Wisconsin and then Iowa, on the final day of campaigning.
We also know later today the president will make one final stop in Columbus, Ohio. We all know the battleground that's being played out in Ohio. Twenty electoral votes in the Buckeye State. No Republican has ever won the White House without first winning in the state of Ohio. In fact, only two Democrats have ever won the White House and -- without winning the state of Ohio. So, again, a critical place for George Bush and John Kerry as they stump on the final day today.
And in a moment here, we'll see the president emerge here and head on into that fire station. There are some analysts, Soledad, who do believe today that -- there are the bush daughters coming out. Barbara on the right there. I have not seen Jenna. There we go. The twins now emerging, set to cast their ballots, as well, back in the hometown of Crawford, Texas.
Some analysts believe based on the voter turnout that we're picking up now that there could be upwards of 120 million people who set out to cast a ballot today. And the 43rd president now emerging out of that SUV in Crawford, Texas.
O'BRIEN: Laura Bush going in, as well -- and posing for a photo op.
HEMMER: Yeah, we will see this picture again.
I mentioned the stop in Columbus, Ohio. Many people observed that this kind of breaks tradition from what we have seen this president do in the past, though. But the urging of his wife, one final step to get out the votes there.
Franklin County in the central part of Ohio went to Al Gore by just about a smidge of a point back in 2000. Democrats believe they cannot win the state of Ohio unless they have a strong turnout in Franklin, Ohio. So, you now see how the two sides are playing that particular part of the state.
O'BRIEN: The president covering over 2,000 miles in just some 19 hours yesterday alone, and a busy day again today. A really grueling schedule for both of them.
HEMMER: More pictures from Crawford in a moment here. But as our coverage continues, in an effort to prevent a repeat of what happened four years ago, TV networks -- including CNN -- not taking any chances when it comes to projecting a winner this time around. There have been changes. There are safeguards in place now.
We will be much more careful, we know, as we go throughout the evening tonight -- in part because the software is better, the computers are better, and also the analysis will be better.
Here's Jason Carroll telling us about the extra precautions this time around that are in place and are ready.
(BEGIN VIDEOTAPE)
JASON CARROLL, CNN CORRESPONDENT (voice-over): It was a historic night.
JUDY WOODRUFF, HOST, "INSIDE POLITICS": CNN announces that we call Florida in the Al Gore column.
UNIDENTIFIED MALE: George W. Bush is the winner in Florida and, thus, it appears the winner of the presidency.
CARROLL: And it was confusing.
UNIDENTIFIED MALE: Bulletin -- Florida pulled back into the undecided column.
UNIDENTIFIED MALE: Our earlier declaration of Florida back to the too close to call column.
CARROLL: All because the networks got it wrong.
UNIDENTIFIED MALE: We don't just have egg in our faces, we've got omelet all over our suits.
CARROLL: There were so many flip-flops Election Night 2000, network heads were questioned about it during hearings. One Congressman called it...
REP. JOHN DINGELL (R), MICHIGAN: A monumental screw-up.
CARROLL: Lesson learned. This time, networks are playing it safe.
WOLF BLITZER, CNN ANCHOR: If it's close, we're not going to report a winner in Florida or Ohio or Pennsylvania or anyplace else.
CARROLL: CNN's Analysis Center will sift through data coming in before calling a winner.
At ABC, a new rule for projecting winners.
DAN MERKLE, DECISION DESK CHIEF, ABC NEWS: We will not make a projection if the margin between the candidates in the vote count is less than a percentage point.
CARROLL: CBS moved their decision desk within earshot of the anchor desk for better communication between those calling the race and reporting it.
KATHY FRANKOVIC, SURVEY UNIT DIR., CBS NEWS: What we do is oh so much better than it would have been had 2000 not happened.
CARROLL (on camera): In 2000, all of the networks relied on exit poll results, which turned out to be inaccurate, from an organization called Voter News Service. It has since folded.
UNIDENTIFIED MALE: We'll be monitoring each of the five networks.
CARROLL (voice-over): This time, networks will rely on Edison Media Research and Mitofsky International for exit polls.
JOE LENSKI, CO-FOUNDER, EDISON MEDIA RESEARCH: Everyone has learned a lot of lessons since 2000 about the reliability of data and how to be cautious and wait until all the votes are counted in the really, really close races.
CARROLL: All the networks held rehearsals striving not necessarily to be the first to call the race, but to be as accurate as possible.
Jason Carroll, CNN, New York.
(END VIDEOTAPE)
HEMMER: And one more reminder here, later tonight, election coverage television-wise is all about the graphics you see on the screen. That's the best way we can show and tell the story. What better place to be than the Nasdaq MarketSite in Times Square -- 96 television monitors there, and we'll be there later tonight at 7:00 Eastern Time. Also coverage at cnn.com starts all day long. So check us out -- Soledad.
O'BRIEN: Let's take you back to Crawford, Texas. That was where President Bush is now voting this morning. It's Karl Rove doing some last-minute phone calls. We've also seen there Condi Rice, Karen Hughes and Laura Bush.
Let's listen in to what Karl Rove is saying this morning.
KARL ROVE, WHITE HOUSE CHIEF OF STAFF: Chairman Gillespie, you have done a fabulous job at getting out the Republican vote. Keep it up.
O'BRIEN: The spinning never stops, does it? He is saying -- you could probably pick up a little bit of that, that the Republicans are coming out in huge numbers, really referring to the fact it is voter turnout that is going to be so critical in this election.
There's some voters turning out, Jenna and Barbara Bush, the twins, obviously casting their votes as well, and then, of course, President Bush and the first lady as they wrap up their voting this morning, really kicking off what is going to be another grueling and busy day.
GEORGE W. BUSH (R), PRESIDENT OF THE UNITED STATES: It is such a wonderful feeling to vote. This election is in the hands of the people and I feel very comfortable about that.
People know where I stand.
I've enjoyed this campaign. It's been a fantastic experience traveling our country, talking about what I believe and where I'm going to lead this country for four more years.
And, you know, there's just something refreshing about giving it your all and then saying the people will make the right decision.
And I believe I'm going to win.
QUESTION: I wonder, why do you believe this election is this close?
G. BUSH: Well, first of all, it's been a lot of issues we've debated, big issues of war and peace and the economy. I've got a philosophy everybody understands. I've got a clear view about how to lead.
But we'll see how it goes tonight. You know, I'm not a very good prognosticator. You're the pundit, you're the person who makes all the forecasts. And we'll see what the people say and that's where we are. Now's the time for the people to express their will.
QUESTION: Mr. President, do you have any butterflies?
G. BUSH: I don't. I know I've given it my all. I feel calm. I feel -- I am confident that the people -- in the judgment of the people.
I'm one of these candidates I feed off the enthusiasm of the people. Yesterday was an amazing day in my political life. We had seven stops. The enthusiasm was contagious.
I'm so grateful for the thousands of people who have been working on my behalf and who are praying for me and Laura. Great day yesterday. The whole campaign was a fantastic experience.
And I'm very comfortable that I got my message out. The people know where I stand. The people know I know how to lead. The people know I have a vision for the future of this country.
And I'm -- we're going to go one stop in Ohio to tell the volunteers thanks for their work. And we'll go back and await the outcome.
QUESTION: Sir, what about all the passion in this country? I mean, you have generated so much passion both for you and against you. How do you account for that?
G. BUSH: Well, I take that as a compliment. It means I'm willing to take a stand.
A lot of politicians take positions, but they don't take a stand. I take a stand. And I tell people what I believe and what I think.
These are very troubling times. And I believe a president must lead by being resolute and firm and strong and clear.
And the people know that. That's why I'm comfortable about this election. I've given it my all.
And more importantly, I have clarified the differences between what I believe and what my opponent believes.
Any other questions besides Stretch? He seems to be dominating. Perhaps the rest of you are somewhat groggy.
QUESTION: Sir, what is it that it comes down to when the voters, kind of, walk into the booth today? For American voters, what is the issue? What does it come down to?
G. BUSH: The issue is who do you trust.
This is a campaign of trust. Who do you trust to secure this country? Who do you trust to lead with firmness and steadfast resolution to protect the American people? Who do you trust to adhere to the values, the values that most people agree with? And who do you trust to keep this economy growing?
QUESTION: And you trust the results will come out tonight?
G. BUSH: Absolutely. I trust the judgment of the American people.
I love our democracy. And I have got great faith in the wisdom of the people of this country.
QUESTION: Does it feel to you like we'll know the results tonight? Or will it be a nail-biter, like it was four years ago?
G. BUSH: Well, of course, these are the pundits. There's pundits and prognosticators like you all. You are doing a fabulous job of speculating what may happen.
My hope, of course, is that this election ends tonight. I think it's very important for it to end tonight. The world watches our great democracy function and it would be nothing better for our system for the election to be conclusively over tonight so that -- I think it's going to be me -- so I can go on and lead this country, bring people together, set an agenda, which will be to make sure America is secure, expand our prosperity, and move forward and bring Republicans and Democrats together.
Listen, we're off. I've enjoyed it. Thank you for your coverage. And thank you for your hard work.
QUESTION: Any words for Senator Kerry this morning?
G. BUSH: Wish him all the best. He and I are in the exact same position. We have given it our all. And I'm sure he's happy, like I am, that the campaign has come to a conclusion.
All I can tell you is I know that I've put my full amount of energy into this campaign and I've enjoyed it. And I am enthused and have been uplifted by the spirit of our supporters and by the prayers of our supporters.
Anyway, thank you all very much.
LAURA BUSH, FIRST LADY: Bye, everybody. Thanks.
O'BRIEN: That's the scene in Crawford Texas this morning, where President Bush and Laura Bush voted just minutes ago, and then took a moment to talk to some of the correspondents camped out in front of that polling place. The president using the opportunity to continue and campaign. It never really ends, even today. You mentioned he's heading off to Ohio to chat with some of the volunteers, but really taking a moment to underscore these final hours some of the themes that his campaign has been trying to hammer throughout what has been a very tough campaign at times.
Consistency, confidence, clarity of message, and trust, saying that he trusts the American people to make the right choice, and also basically saying he gives his well-wishers to his challenger. Senator Kerry saying they are both probably very glad that the campaign is coming to an end.
HEMMER: Yes, one more stop in Columbus, Ohio on the way back to the White House. The president and first lady heading back there to watch and wait for the results later tonight, and we shall see where we are at the end of the day today. Both men, by the way, believe that they will have a president later tonight. George Bush and John Kerry think the results will be final later tonight.
Already the results are in from overseas, a global virtual vote that is. Jack has the winner in "The Cafferty File" in a moment, also don't forget, later tonight, 7:00 Eastern Time, live on CNN. We're at the Nasdaq marketsite, after this.
(COMMERCIAL BREAK)
O'BRIEN: Welcome back, everybody.
JACK CAFFERTY, CNN ANCHOR: One major chain is inviting shoppers to watch election results in its stores. The problem is they have absolutely no taste in the selection of channels that they are going to allow their customers to view. Andy Serwer is here "Minding Your Business." I changed that just a little.
ANDY SERWER, "FORTUNE" MAGAZINE: Well put, my good man.
Let's talk about the markets, first of all. Yesterday an up day for the indexes across the board. You can see the Dow up almost 27 points. Futures nicely higher this morning -- a little bit unexpected. I think lower oil prices have to do with that.
Jack we did get to the bottom of which states the bars are open in. Here's a complete list. OK, here's where they're closed: Delaware, Indiana, Kentucky, Pennsylvania, South Carolina bars are closed. Partial closings in West Virginia, Oklahoma, Minnesota, Georgia, and Idaho.
CAFFERTY: And they're open everywhere else?
SERWER: Yes. OK, that's the important information we bring to our viewers.
This is a bad day for retailers across the nation. As you can imagine, any spare time people have, they go to the polls then go home afterwards and watch the election -- preferably on CNN. Macy's is opening early. Jewelry stores selling pins. 7/11 has got some cups -- "I'm voting for Bush" or "I'm voting for Kerry" when you get cups of coffee. So, they're doing a little thing.
Wal-Mart, though, is going to be broadcasting the election results in its stores. However -- or maybe not however -- and they are broadcasting only the FOX News network. Now, here's what "USA Today" had to say about this, Jack. "By broadcasting FOX's election return, Wal-Mart may be showing a Republican point of view to shoppers," says a consultant. "Most retailers tend to keep political affiliations to themselves."
CAFFERTY: Yeah, so you go to Kmart or Target today.
SERWER: Yeah, you could do that. That's right, you could do that. CAFFERTY: You don't need to be watching the F-word network for the news. We've got the news right here.
SERWER: Point well taken.
CAFFERTY: Thank you, Andy.
SERWER: You're welcome.
CAFFERTY: "The Cafferty File" now. Despite a dead heat here in the U.S., a virtual vote company online -- company called globalvotes.org -- says John Kerry will win by a landslide. One hundred thirteen thousand people from 119 countries voted online with this outfit. John Kerry got 77 percent of the vote, President Bush took just nine percent of the vote, and Ralph Nader got 14 percent of the vote. Well, that ain't going...
SERWER: Yeah.
CAFFERTY: Despite the virtual vote giving John Kerry the win, there's one guy overseas who thinks Bush will be today's winner. A businessman in Sri Lanka is so sure that President Bush is going to win, he's taken out full-page ads in all of Sri Lanka's leading newspapers to congratulate President Bush. He has never set foot on U.S. soil, but he spent $10,000 to spread his message that reads, quote, "Honorable sir, congratulations for your victory."
SERWER: That's a true believer.
CAFFERTY: Must be looking for one of them no-bid contracts.
Voters in Alaska will decide today whether to make their state the first in the country to legalize the sale, possession, or use of marijuana. Alaska already allows the legal possession of small amounts of the weed by adults. Supporters say the further loosening of restrictions on marijuana would allow governments to regulate and tax it. And it would free up law enforcement to pursue, quote, "serious crimes."
Alaska's already the most liberal state in the nation when it comes to pot. The biggest concern is that the bill supporters remember to go vote.
SERWER: Are there direct flights from New York?
CAFFERTY: You want to catch a nonstop to...
SERWER: Just wondering. They are not necessarily connected.
HEMMER: How about Sri Lanka? Columbo beautiful this time of year.
Hey, there's some crazy things going on out there. The Red Sox win the World Series. It's snowing in Texas. And the camels are parading now down Sixth Avenue, getting ready for the Christmas season at Radio City across the street. What do you guys think about today? Feel a sense of excitement or not? Talking about it for months.
CAFFERTY: I think there is excitement. One of the things that I'm getting a lot of, because I read all these e-mails that come in, a lot of people are saying there are no problems at the polls. There are no long lines at the polls. My wife called, said it -- she said it took 10 minutes to vote.
HEMMER: That's good.
CAFFERTY: So, you know, don't be discouraged by news of long lines. They don't exist everywhere. And even in some of the places that have lines, they are moving quickly and efficiently. And you can get through the thing and get it done.
O'BRIEN: Yeah, it's not the length of line. It really is how fast it moves. Because you could be in a short line, and if it doesn't move...
CAFFERTY: I feel a sense of excitement, I guess...
SERWER: I just wonder if we're going to know tonight. Are we going to know the answer to the election this evening or...
O'BRIEN: And also, I think it would be remarkable to see how -- in the end what's the voter turnout. Is it 65 percent of all Americans vote in this election? That would be remarkable.
SERWER: That would be enormous.
CAFFERTY: This is absolutely meaningless trivia, but somebody said that no president with four letters in his last name has ever won a second term. Is that true?
O'BRIEN: Yet another indicator.
HEMMER: What did the Redskins do this past weekend? And then what did the Jets do on "Monday Night Football?"
SERWER: The Jets game...
O'BRIEN: And the kids and Nickelodeon? How did they go again?
SERWER: And "The Weekly Reader" poll.
HEMMER: Let's get a break. In a moment, how smoothly is everything going so far? Take you live to some of the precincts across the country as our coverage continues. Live in a moment, campaign 2004, Election Day here on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Still to come this morning, Election Day is here and it's time to let the process run its course. Which man had the edge going in? We're going to talk with Democratic Congressman Dick Gephardt and Bush campaign manager Ken Mehlman ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: From the east coast to the Rocky Mountains, the greatest ritual of democracy begins again. Millions of Americans lining up to cast their ballots and choose the president of the United States. Will it be George Bush or John Kerry? Their long campaigns now at an end. The next chapter in American history being written on this AMERICAN MORNING.
ANNOUNCER: This is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
HEMMER: Good morning. A live picture from Greenbelt, Maryland, Eleanor Roosevelt High School. The lines are long there. We have seen a number of different locations where a similar picture has come in. And Jack keeps us informed that a lot of people are telling him that they've got no problem out there.
So, good morning. It is Election Day 2004. Been a long road to this day. Finally the day is here.
How are you doing today?
O'BRIEN: Very well, thank you.
We should say, the long lines -- again, it's not how long the lines is, it's how fast it moves. And as you pointed out, Jack said lots of people e-mailing him saying they're in and out in 10 minutes.
HEMMER: And that's good.
O'BRIEN: That's good news.
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