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CNN Live At Daybreak

Legally Speaking; Presidential Election Still Too Close to Call; Ohio Dispute

Aired November 03, 2004 - 06:33   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.


CAROL COSTELLO, CNN ANCHOR: Hold on, America. The race for the White House isn't over yet. It is Wednesday, November 3. This is DAYBREAK.
And good morning to you. From the CNN global headquarters in Atlanta, I'm Carol Costello.

Here is a look at your election headlines. Ohio is still undecided because of the question over provisional ballots. Those ballots involve voters whose names didn't show up on the registration list, but were allowed to vote anyway. Election officials now must make sure they are legally registered in the correct precinct.

Some voting problems, too, in Iowa. Broken machines and absentee ballot delays slowed things down. Election officials say we won't know until later today who has won that state's seven electoral votes.

And just as the political pundits and the campaigns predicted, the presidential election could hinge on Ohio. Senator Kerry is counting on thousands of provisional ballots to swing this election his way. Thousands of lawyers are in place to pounce, if need be. So let's talk about that with CNN election analyst, Ken Gross, in New York.

Good morning -- Ken.

KEN GROSS, CNN ELECTION ANALYST: Good morning, Carol.

COSTELLO: Once again, glad you're back with us. So how likely is it that any lawsuits will be filed on the Democratic side against the state of Ohio?

GROSS: Well, there's a pretty good likelihood unless this just kind of falls apart. The only number we have a clear fix on is the 130,000 votes that Bush has won that state by. We don't have a tally yet of just how many provisional and absentee ballots there are out there.

And it appears that it could possibly exceed that number. And even if it does, it certainly doesn't mean they're all going to count or they're all going to be Kerry votes. But if it exceeds that number, then there is the statistical possibility that he could pull this off. It's a long shot.

COSTELLO: Let's talk about these provisional ballots. This is when voters walk into a polling place they're not registered in, and they're given a provisional ballot, and then the election boards will figure it out later. How exactly does this process work? And if the Democrats request to be there or the Republicans, will they get to be in the room?

GROSS: Well, the way it works is that when you go into the voting place and for whatever reason your name is not on the voting polls, you say, well, wait a minute, it should be there. And they say, well, fine. Rather than just turn you away, which is what happened four years ago, they give you this chance to vote anyhow. They take that ballot, this provisional ballot, and set it aside.

They do the regular count, and then they have to check each one of these to see whether it's a valid one, whether the person was actually in the right precinct, whether the reason they weren't on the polls was some sort of computer glitch or something else. And it will be transparent. This is not going to happen in a back room somewhere. So if there are issues about whether it should count, that's where the lawsuits could possibly enter the picture.

COSTELLO: So, again, will there be monitors or observers in there while they count up those provisional ballots?

GROSS: Yes. I mean, this will be a transparent process, as I understand it. Now, this is a little unusual, because Ohio has a state law that provides for provisional ballots. And the new Help America Vote Act, which was federal legislation, passed specifically in response to the Florida debacle, also has provisional ballots. And they have to be reconciled. But my expectation is that this is going to be a very open process.

COSTELLO: Ohio has 11 days to count these things. Let's say there is some sort of challenge. What exactly will the Kerry or the Bush people be looking for to challenge?

GROSS: Well, there was already quite a bit of litigation about these provisional ballots in Ohio before the election. The big issue was if someone goes into a voting place in the district where they're entitled to vote, but didn't quite go to the right schoolhouse, the right precinct, because there was some change or some confusion, the Democrats were claiming it should count. If you're in the right district, you're OK.

The Republicans, headed by the secretary of state, Ken Blackwell, who is a Republican, said no, no, no, you have to be in the exact right precinct.

Well, the district court ruled for the Democrats. The court of appeals ruled for the Republicans. It went to one of the justices on the U.S. Supreme Court. He declined to review it. And so the result is you have to be in the right precinct.

That provision, you know, could be the subject of some continued litigation, and there may be some other issues about whether someone should have been on the polls or not. Those are the things they're going to be looking for, very technical issues.

COSTELLO: Interesting. Ken Gross, CNN's legal (sic) analyst, thank you for joining DAYBREAK this morning.

Certainly a lot of people are watching the Buckeye State this morning. We're going to get more information on why Ohio is still too close to call. And Florida managed to avoid a repeat of 2000 this time around. We'll take a look at what was different this time.

(COMMERCIAL BREAK)

COSTELLO: Oh, yes, election 2004 is too close to call. Let's bring you up-to-date on the latest numbers that we have right now.

This is the popular vote. You can see President Bush ahead with 51 percent, John Kerry, Senator John Kerry 48 percent. Roughly four million votes separate the two candidates. Ralph Nader comes in with 1 percent of the vote.

Now let's go to the electoral vote. This is what we have confirmed. President Bush has 254 electoral votes. Senator John Kerry has 252. But, of course, the president's camp is saying that President Bush has 286 electoral votes, because they say he has won, what, Iowa, New Mexico and Ohio. But we have not confirmed that just yet.

Let's get back to the issues in Ohio now. Joining me now, Regina Carswell of CNN affiliate WXIX in Cincinnati.

Good morning.

REGINA CARSWELL, CNN AFFILIATE WXIX REPORTER: Good morning. How are you?

COSTELLO: I'm great. So tell me what the voter turnout was like and how long people were at the polls.

CARSWELL: I can tell you and speak to Hamilton County, and Hamilton County is the third-largest populous in Ohio. We were expecting in the high 70 percent of voter turnout. And here in Hamilton County, we got 72 percent voter turnout. Perspective: in 2000, it was 69 percent.

There were long lines. Let me tell you, it was raining. It was windy. It was awful weather. But especially early in the morning and in afternoon drive time, we found people standing in line anywhere from an hour and a half to two to three hours minimum.

COSTELLO: Why so much passion this year? What were they telling you?

CARSWELL: Well, there are a lot of key issues that were on the ballot this year that brought people out to the race. And I think as we saw nationwide, people were really engaged in this particular election and really wanted to come out and make sure that their vote counted.

COSTELLO: So, are you surprised, are people of Ohio surprised that it's come down to your state? Your state will decide this election.

CARSWELL: No, we have been talking about this for weeks. If you remember, there were rumblings about this weeks ago. The secretary of state was kind of hinting at it. And we kind of knew that it would come to down to Ohio. We were bracing ourselves for it. And now here we are the day after election 2004, and we're all saying to ourselves, not again.

COSTELLO: Well, we all know what happened in Florida in the year 2000 and how embarrassing that was for the people of Florida. Do the people of Ohio fear that at all?

CARSWELL: Well, you know, we have great confidence in our secretary of state, and we're just letting the process just kind of roll out. It's going to take, as we know, 10 to 12 days for us to even verify the provisional ballots. We haven't even stopped counting the provisional ballots that have been cast statewide. So we know that it's just going to take some time. Everybody knows that you want to make sure that you do it thoroughly and properly, because we want to make sure that the right person gets in.

COSTELLO: Yes. And that everything is done right.

(CROSSTALK)

CARSWELL: That's right. Everything is done right, yes.

COSTELLO: Regina Carswell from WXIX in Cincinnati, thank you for joining DAYBREAK this morning.

One of the questions being asked on this morning after the election: Will the Ohio vote be tied up in the courts? We heard the Republican perspective last hour. So let's talk about that with Jack Quinn, a Democrat strategist and former White House counsel in the Clinton administration.

Good morning.

JOHN QUINN, CNN POLITICAL ANALYST: Good morning, Carol.

COSTELLO: So you heard what Andy Card said. I'm sure you did. What is your reaction to that?

QUINN: Well, my reaction to that is that, frankly, I regretted -- I thought it was a little bit premature. You know, this election was striking principally not because of the closeness of the vote, but because of the polarization. There were intense feelings, as you well know, on both sides. And this follows on the heels of an election in 2000 that, frankly, left some bruised feelings and left the nation, at least part of it, under clouds of animosity and suspicion about the manner in which the election was resolved.

So I think it's critically important that both President Bush and his folks, and Senator Kerry and his people, understand that the most important thing here is that we resolve this election in a manner that gives the American people great confidence in the outcome and a feeling that every vote was properly counted and accounted for.

COSTELLO: Andy Card says that the president's lead in Ohio was some 130,000 to 140,000 votes. How can John Kerry possibly make that up?

QUINN: Well, I don't know, and I'm not sure that anyone knows, as the person proceeding me indicated, how many provisional ballots there are or many absentee and overseas ballots there are. Obviously the greater number of provisional and absentee ballots, the more feasible it is for Senator Kerry to make up the distance.

If there were only 140,000 out there, he would clearly have to win just about all of them. On the other hand, if there were 400,000, he'd only have to win 57 or 58 percent of them.

So I think, again, Carol, the most important thing here is that we go through this process in an orderly and disciplined manner, and in a way that ensures the American people that the process was thorough, that everyone who voted had their vote counted, and that we can have confidence in the outcome so that the president and the American people know that the right result was reached. And we don't have clouds of suspicion and animosity hanging over the country.

COSTELLO: You know what though? You know what though? If a lot of legal challenges are taken out and this drags on and on and on, won't that be more harmful to America than wrapping this thing up as quickly as possible?

QUINN: I'm not suggesting legal challenges. At the same time, I guess I disagree a little bit with you. I think that we shouldn't in the interest of haste and getting to a final conclusion sacrifice the confidence of the American people, that democracy has been made to work, and that the leader who leads this nation over the next four years was properly and duly elected. That's critically important.

COSTELLO: Jack Quinn, Democratic strategist and former White House counsel in the Clinton administration, thank you for joining us this morning.

QUINN: Thank you, Carol.

COSTELLO: Let's take another look at some of the U.S. Senate races affecting the balance of power. Republicans are picking up four Senate seats. And it makes the lineup of the new Senate 55 Republicans, 44 Democrats.

In Florida, former Bush administration Housing and Urban Affairs Secretary Mel Martinez, a Republican, is leading Betty Castor, the state's former school superintendent. Now, if Martinez wins, he'll become the first Cuban-American ever elected to the Senate. He'll fill the seat being vacated by retiring Democratic Senator Bob Graham.

In Oklahoma, former U.S. Representative Tom Coburn defeated Democratic Representative Brad Carson for the seat left open by the retirement of Senate Majority Whip Don Nickles. And there is one bright spot for the Democrats. It came in Illinois. State Senator Barack Obama won a huge -- won by a huge margin over Republican Alan Keyes. Obama is a rising star in the party. He'll take the seat vacated by retiring GOP Senator Peter Fitzgerald.

(BEGIN VIDEO CLIP)

BARACK OBAMA (D), ILLINOIS SENATOR-ELECT: We're tired of politicians who are attacking each other instead of attacking problems, and that if we can come together as one people then we can make progress and close the gap between the ideal of America and its reality.

(END VIDEO CLIP)

COSTELLO: And Colorado saw another big Democratic win. Attorney General Ken Salazar beat beer magnate Pete Coors. Salazar will take the seat of retiring Republican Senator Ben Nighthorse Campbell.

The same-sex marriage issue did come up in the presidential campaign, as you know. It was also a major issue in many states that had amendment initiatives on the ballot. Eleven states asked voters to decide if they should amend their state constitutions to ban same- sex marriages. And in all 11 states, that measure passed. Five states -- Mississippi, Oklahoma, Georgia, Kentucky and Arkansas -- all saw the yes votes top 75 percent.

Coming up on DAYBREAK, if Ohio is the new Florida, then what happens to the Sunshine State's significance in this election? I'll talk to a reporter live in Miami. That's coming your way next.

(COMMERCIAL BREAK)

COSTELLO: Ohio is on hold due to provisional ballots. Kerry's campaign says there are more than a quarter of a million provisional and absentee ballots still to be counted. That count could take as many as 11 days to tally.

One of the biggest issues out of the ballot initiatives is California's stem cell funding measure. Voters said yes to the measure that allocates $3 billion to stem cell research over the next 10 years. Governor Arnold Schwarzenegger had broken with the Republican Party to endorse the measure.

Three states had measures on the ballot calling for the legalization of medical marijuana. People in Alaska and Oregon voted against the measure, but in Montana it passed by a nearly 2 to 1 margin.

Florida avoided the quagmire on counts and recounts with a pretty solid victory for President Bush. But where did the increased support come from? For that, we're joined by Erika Bolstad of the "Miami Herald."

Erika, good morning. ERIKA BOLSTAD, STAFF WRITER, "MIAMI HERALD": Good morning.

COSTELLO: We talked to you before, and you expected many, many problems with voting in Florida, but that didn't come true, did it?

BOLSTAD: No. Isn't that great? It was wonderful here.

COSTELLO: So what changed? Were they just prepared? I mean, what's the difference?

BOLSTAD: I think they were very much prepared, and I think people were very excited and very much just informed about voting this time around.

COSTELLO: They certainly were. Tell us where President Bush picked up the biggest support and where John Kerry did?

BOLSTAD: Well, Kerry definitely picked up most of his votes in south Florida in the counties of Broward, Miami-Dade and Palm Beach. And what happened, I think, for Bush is that he gained a lot of ground in places that had been more Gore strongholds in the past.

COSTELLO: Which were?

BOLSTAD: Definitely around Orlando, Tampa, St. Petersburg, those areas.

COSTELLO: Why do you think that is?

BOLSTAD: Well, he did a lot of campaigning there. It's hard to tell right now. You know, the turnout was so, so high across the state, especially in south Florida. I think we're going to be spending the next couple of days looking at those kinds of issues.

COSTELLO: You know, the interesting thing is, you know, Jeb Bush is, of course, the president's brother, but he sort of stayed under the radar this time. He didn't come out and like, loudly campaign for the president.

BOLSTAD: Well, that was probably on the national level you didn't see him at the convention or anything like that. But he was here. He was here during the hurricanes. And that probably helped quite a bit.

COSTELLO: Erika Bolstad with the "Miami Herald" joining DAYBREAK this morning, thank you.

When we come back, results from races with some familiar faces. But first, has Ohio got you baffled with their ballots? Check out some definitions that will come in handy today.

(COMMERCIAL BREAK)

COSTELLO: Do you believe those are people in line to vote? Oh, it's a beautiful sight, isn't it? Let's check some other interesting races around the country. Former Washington, D.C. Mayor Marion Barry turned his political career around again. He won a seat on the city council for a second time since serving prison time on a drug conviction.

In Kentucky, actor George Clooney's dad, Nick, lost his bid for a seat in Congress to Republican Jeff Davis.

In Georgia, outspoken former Congresswoman Cynthia McKinney is another comeback kid. After losing her seat two years ago, she won it back, trouncing Republican Catherine Davis.

And a proposition that passed in West Virginia will give veterans who served in Kosovo, Afghanistan or Iraq a cash bonus. The bonuses range from $400 to $2,000 for those how lost family members.

Thank you for joining us this morning. We appreciate it. From the CNN global headquarters in Atlanta, I'm Carol Costello, along with Chad Myers. "AMERICAN MORNING" starts right now.

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Aired November 3, 2004 - 06:33   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Hold on, America. The race for the White House isn't over yet. It is Wednesday, November 3. This is DAYBREAK.
And good morning to you. From the CNN global headquarters in Atlanta, I'm Carol Costello.

Here is a look at your election headlines. Ohio is still undecided because of the question over provisional ballots. Those ballots involve voters whose names didn't show up on the registration list, but were allowed to vote anyway. Election officials now must make sure they are legally registered in the correct precinct.

Some voting problems, too, in Iowa. Broken machines and absentee ballot delays slowed things down. Election officials say we won't know until later today who has won that state's seven electoral votes.

And just as the political pundits and the campaigns predicted, the presidential election could hinge on Ohio. Senator Kerry is counting on thousands of provisional ballots to swing this election his way. Thousands of lawyers are in place to pounce, if need be. So let's talk about that with CNN election analyst, Ken Gross, in New York.

Good morning -- Ken.

KEN GROSS, CNN ELECTION ANALYST: Good morning, Carol.

COSTELLO: Once again, glad you're back with us. So how likely is it that any lawsuits will be filed on the Democratic side against the state of Ohio?

GROSS: Well, there's a pretty good likelihood unless this just kind of falls apart. The only number we have a clear fix on is the 130,000 votes that Bush has won that state by. We don't have a tally yet of just how many provisional and absentee ballots there are out there.

And it appears that it could possibly exceed that number. And even if it does, it certainly doesn't mean they're all going to count or they're all going to be Kerry votes. But if it exceeds that number, then there is the statistical possibility that he could pull this off. It's a long shot.

COSTELLO: Let's talk about these provisional ballots. This is when voters walk into a polling place they're not registered in, and they're given a provisional ballot, and then the election boards will figure it out later. How exactly does this process work? And if the Democrats request to be there or the Republicans, will they get to be in the room?

GROSS: Well, the way it works is that when you go into the voting place and for whatever reason your name is not on the voting polls, you say, well, wait a minute, it should be there. And they say, well, fine. Rather than just turn you away, which is what happened four years ago, they give you this chance to vote anyhow. They take that ballot, this provisional ballot, and set it aside.

They do the regular count, and then they have to check each one of these to see whether it's a valid one, whether the person was actually in the right precinct, whether the reason they weren't on the polls was some sort of computer glitch or something else. And it will be transparent. This is not going to happen in a back room somewhere. So if there are issues about whether it should count, that's where the lawsuits could possibly enter the picture.

COSTELLO: So, again, will there be monitors or observers in there while they count up those provisional ballots?

GROSS: Yes. I mean, this will be a transparent process, as I understand it. Now, this is a little unusual, because Ohio has a state law that provides for provisional ballots. And the new Help America Vote Act, which was federal legislation, passed specifically in response to the Florida debacle, also has provisional ballots. And they have to be reconciled. But my expectation is that this is going to be a very open process.

COSTELLO: Ohio has 11 days to count these things. Let's say there is some sort of challenge. What exactly will the Kerry or the Bush people be looking for to challenge?

GROSS: Well, there was already quite a bit of litigation about these provisional ballots in Ohio before the election. The big issue was if someone goes into a voting place in the district where they're entitled to vote, but didn't quite go to the right schoolhouse, the right precinct, because there was some change or some confusion, the Democrats were claiming it should count. If you're in the right district, you're OK.

The Republicans, headed by the secretary of state, Ken Blackwell, who is a Republican, said no, no, no, you have to be in the exact right precinct.

Well, the district court ruled for the Democrats. The court of appeals ruled for the Republicans. It went to one of the justices on the U.S. Supreme Court. He declined to review it. And so the result is you have to be in the right precinct.

That provision, you know, could be the subject of some continued litigation, and there may be some other issues about whether someone should have been on the polls or not. Those are the things they're going to be looking for, very technical issues.

COSTELLO: Interesting. Ken Gross, CNN's legal (sic) analyst, thank you for joining DAYBREAK this morning.

Certainly a lot of people are watching the Buckeye State this morning. We're going to get more information on why Ohio is still too close to call. And Florida managed to avoid a repeat of 2000 this time around. We'll take a look at what was different this time.

(COMMERCIAL BREAK)

COSTELLO: Oh, yes, election 2004 is too close to call. Let's bring you up-to-date on the latest numbers that we have right now.

This is the popular vote. You can see President Bush ahead with 51 percent, John Kerry, Senator John Kerry 48 percent. Roughly four million votes separate the two candidates. Ralph Nader comes in with 1 percent of the vote.

Now let's go to the electoral vote. This is what we have confirmed. President Bush has 254 electoral votes. Senator John Kerry has 252. But, of course, the president's camp is saying that President Bush has 286 electoral votes, because they say he has won, what, Iowa, New Mexico and Ohio. But we have not confirmed that just yet.

Let's get back to the issues in Ohio now. Joining me now, Regina Carswell of CNN affiliate WXIX in Cincinnati.

Good morning.

REGINA CARSWELL, CNN AFFILIATE WXIX REPORTER: Good morning. How are you?

COSTELLO: I'm great. So tell me what the voter turnout was like and how long people were at the polls.

CARSWELL: I can tell you and speak to Hamilton County, and Hamilton County is the third-largest populous in Ohio. We were expecting in the high 70 percent of voter turnout. And here in Hamilton County, we got 72 percent voter turnout. Perspective: in 2000, it was 69 percent.

There were long lines. Let me tell you, it was raining. It was windy. It was awful weather. But especially early in the morning and in afternoon drive time, we found people standing in line anywhere from an hour and a half to two to three hours minimum.

COSTELLO: Why so much passion this year? What were they telling you?

CARSWELL: Well, there are a lot of key issues that were on the ballot this year that brought people out to the race. And I think as we saw nationwide, people were really engaged in this particular election and really wanted to come out and make sure that their vote counted.

COSTELLO: So, are you surprised, are people of Ohio surprised that it's come down to your state? Your state will decide this election.

CARSWELL: No, we have been talking about this for weeks. If you remember, there were rumblings about this weeks ago. The secretary of state was kind of hinting at it. And we kind of knew that it would come to down to Ohio. We were bracing ourselves for it. And now here we are the day after election 2004, and we're all saying to ourselves, not again.

COSTELLO: Well, we all know what happened in Florida in the year 2000 and how embarrassing that was for the people of Florida. Do the people of Ohio fear that at all?

CARSWELL: Well, you know, we have great confidence in our secretary of state, and we're just letting the process just kind of roll out. It's going to take, as we know, 10 to 12 days for us to even verify the provisional ballots. We haven't even stopped counting the provisional ballots that have been cast statewide. So we know that it's just going to take some time. Everybody knows that you want to make sure that you do it thoroughly and properly, because we want to make sure that the right person gets in.

COSTELLO: Yes. And that everything is done right.

(CROSSTALK)

CARSWELL: That's right. Everything is done right, yes.

COSTELLO: Regina Carswell from WXIX in Cincinnati, thank you for joining DAYBREAK this morning.

One of the questions being asked on this morning after the election: Will the Ohio vote be tied up in the courts? We heard the Republican perspective last hour. So let's talk about that with Jack Quinn, a Democrat strategist and former White House counsel in the Clinton administration.

Good morning.

JOHN QUINN, CNN POLITICAL ANALYST: Good morning, Carol.

COSTELLO: So you heard what Andy Card said. I'm sure you did. What is your reaction to that?

QUINN: Well, my reaction to that is that, frankly, I regretted -- I thought it was a little bit premature. You know, this election was striking principally not because of the closeness of the vote, but because of the polarization. There were intense feelings, as you well know, on both sides. And this follows on the heels of an election in 2000 that, frankly, left some bruised feelings and left the nation, at least part of it, under clouds of animosity and suspicion about the manner in which the election was resolved.

So I think it's critically important that both President Bush and his folks, and Senator Kerry and his people, understand that the most important thing here is that we resolve this election in a manner that gives the American people great confidence in the outcome and a feeling that every vote was properly counted and accounted for.

COSTELLO: Andy Card says that the president's lead in Ohio was some 130,000 to 140,000 votes. How can John Kerry possibly make that up?

QUINN: Well, I don't know, and I'm not sure that anyone knows, as the person proceeding me indicated, how many provisional ballots there are or many absentee and overseas ballots there are. Obviously the greater number of provisional and absentee ballots, the more feasible it is for Senator Kerry to make up the distance.

If there were only 140,000 out there, he would clearly have to win just about all of them. On the other hand, if there were 400,000, he'd only have to win 57 or 58 percent of them.

So I think, again, Carol, the most important thing here is that we go through this process in an orderly and disciplined manner, and in a way that ensures the American people that the process was thorough, that everyone who voted had their vote counted, and that we can have confidence in the outcome so that the president and the American people know that the right result was reached. And we don't have clouds of suspicion and animosity hanging over the country.

COSTELLO: You know what though? You know what though? If a lot of legal challenges are taken out and this drags on and on and on, won't that be more harmful to America than wrapping this thing up as quickly as possible?

QUINN: I'm not suggesting legal challenges. At the same time, I guess I disagree a little bit with you. I think that we shouldn't in the interest of haste and getting to a final conclusion sacrifice the confidence of the American people, that democracy has been made to work, and that the leader who leads this nation over the next four years was properly and duly elected. That's critically important.

COSTELLO: Jack Quinn, Democratic strategist and former White House counsel in the Clinton administration, thank you for joining us this morning.

QUINN: Thank you, Carol.

COSTELLO: Let's take another look at some of the U.S. Senate races affecting the balance of power. Republicans are picking up four Senate seats. And it makes the lineup of the new Senate 55 Republicans, 44 Democrats.

In Florida, former Bush administration Housing and Urban Affairs Secretary Mel Martinez, a Republican, is leading Betty Castor, the state's former school superintendent. Now, if Martinez wins, he'll become the first Cuban-American ever elected to the Senate. He'll fill the seat being vacated by retiring Democratic Senator Bob Graham.

In Oklahoma, former U.S. Representative Tom Coburn defeated Democratic Representative Brad Carson for the seat left open by the retirement of Senate Majority Whip Don Nickles. And there is one bright spot for the Democrats. It came in Illinois. State Senator Barack Obama won a huge -- won by a huge margin over Republican Alan Keyes. Obama is a rising star in the party. He'll take the seat vacated by retiring GOP Senator Peter Fitzgerald.

(BEGIN VIDEO CLIP)

BARACK OBAMA (D), ILLINOIS SENATOR-ELECT: We're tired of politicians who are attacking each other instead of attacking problems, and that if we can come together as one people then we can make progress and close the gap between the ideal of America and its reality.

(END VIDEO CLIP)

COSTELLO: And Colorado saw another big Democratic win. Attorney General Ken Salazar beat beer magnate Pete Coors. Salazar will take the seat of retiring Republican Senator Ben Nighthorse Campbell.

The same-sex marriage issue did come up in the presidential campaign, as you know. It was also a major issue in many states that had amendment initiatives on the ballot. Eleven states asked voters to decide if they should amend their state constitutions to ban same- sex marriages. And in all 11 states, that measure passed. Five states -- Mississippi, Oklahoma, Georgia, Kentucky and Arkansas -- all saw the yes votes top 75 percent.

Coming up on DAYBREAK, if Ohio is the new Florida, then what happens to the Sunshine State's significance in this election? I'll talk to a reporter live in Miami. That's coming your way next.

(COMMERCIAL BREAK)

COSTELLO: Ohio is on hold due to provisional ballots. Kerry's campaign says there are more than a quarter of a million provisional and absentee ballots still to be counted. That count could take as many as 11 days to tally.

One of the biggest issues out of the ballot initiatives is California's stem cell funding measure. Voters said yes to the measure that allocates $3 billion to stem cell research over the next 10 years. Governor Arnold Schwarzenegger had broken with the Republican Party to endorse the measure.

Three states had measures on the ballot calling for the legalization of medical marijuana. People in Alaska and Oregon voted against the measure, but in Montana it passed by a nearly 2 to 1 margin.

Florida avoided the quagmire on counts and recounts with a pretty solid victory for President Bush. But where did the increased support come from? For that, we're joined by Erika Bolstad of the "Miami Herald."

Erika, good morning. ERIKA BOLSTAD, STAFF WRITER, "MIAMI HERALD": Good morning.

COSTELLO: We talked to you before, and you expected many, many problems with voting in Florida, but that didn't come true, did it?

BOLSTAD: No. Isn't that great? It was wonderful here.

COSTELLO: So what changed? Were they just prepared? I mean, what's the difference?

BOLSTAD: I think they were very much prepared, and I think people were very excited and very much just informed about voting this time around.

COSTELLO: They certainly were. Tell us where President Bush picked up the biggest support and where John Kerry did?

BOLSTAD: Well, Kerry definitely picked up most of his votes in south Florida in the counties of Broward, Miami-Dade and Palm Beach. And what happened, I think, for Bush is that he gained a lot of ground in places that had been more Gore strongholds in the past.

COSTELLO: Which were?

BOLSTAD: Definitely around Orlando, Tampa, St. Petersburg, those areas.

COSTELLO: Why do you think that is?

BOLSTAD: Well, he did a lot of campaigning there. It's hard to tell right now. You know, the turnout was so, so high across the state, especially in south Florida. I think we're going to be spending the next couple of days looking at those kinds of issues.

COSTELLO: You know, the interesting thing is, you know, Jeb Bush is, of course, the president's brother, but he sort of stayed under the radar this time. He didn't come out and like, loudly campaign for the president.

BOLSTAD: Well, that was probably on the national level you didn't see him at the convention or anything like that. But he was here. He was here during the hurricanes. And that probably helped quite a bit.

COSTELLO: Erika Bolstad with the "Miami Herald" joining DAYBREAK this morning, thank you.

When we come back, results from races with some familiar faces. But first, has Ohio got you baffled with their ballots? Check out some definitions that will come in handy today.

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COSTELLO: Do you believe those are people in line to vote? Oh, it's a beautiful sight, isn't it? Let's check some other interesting races around the country. Former Washington, D.C. Mayor Marion Barry turned his political career around again. He won a seat on the city council for a second time since serving prison time on a drug conviction.

In Kentucky, actor George Clooney's dad, Nick, lost his bid for a seat in Congress to Republican Jeff Davis.

In Georgia, outspoken former Congresswoman Cynthia McKinney is another comeback kid. After losing her seat two years ago, she won it back, trouncing Republican Catherine Davis.

And a proposition that passed in West Virginia will give veterans who served in Kosovo, Afghanistan or Iraq a cash bonus. The bonuses range from $400 to $2,000 for those how lost family members.

Thank you for joining us this morning. We appreciate it. From the CNN global headquarters in Atlanta, I'm Carol Costello, along with Chad Myers. "AMERICAN MORNING" starts right now.

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