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Battleground: Ohio; Maryland Matchup; Race for New Jersey; Brooks & Dunn Sweep CMAs

Aired November 07, 2006 - 13:59   ET

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

DON LEMON, CNN ANCHOR: The debates are over; the ads, pro and con, silenced. Today finally the voters -- it's the voters' turn.
The president not on the ballot today, but every member of the House of Representatives is, along with a third of the nation's senators and a good many governors.

KYRA PHILLIPS, CNN ANCHOR: And once the polls close some states with the least amount of people could speak with the loudest voices. Races in Montana or Rhode Island, for instance, could tip the balance of power in the U.S. Senate.

LEMON: A lot of House races are also in play, and the Republican majority is slim. Democrats need to pick up 15 seats to take control.

PHILLIPS: CNN has every angle covered. The best political team in television has fanned out to all the major battlegrounds. We'll be checking in with them throughout the afternoon.

LEMON: If Democratic hopes are high anywhere, it is Ohio. The state that tipped the 2004 presidential election to George W. Bush is home to a 2006 Senate race between Republican incumbent Mike DeWine and Democrat Sherrod Brown. The governor's mansion and some key congressional seats are also up for grabs.

CNN's Bob Franken is in Columbus.

(BEGIN VIDEOTAPE)

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Voter turnout throughout Ohio has thus far been described as significant. The predictions were that there would be a record for a midterm election, close to 55 percent. And if the results at this poll in Columbus are any example, that's going to be realized.

The lines certainly this morning as the polls opened were fairly substantial. There's always a dropoff in the middle of the day, and then a crunch that's expected as the day goes on.

There are some concerns throughout Ohio that there may be problems counting because of the electronic voting machines and some voter identification procedures. But everybody is hoping for the best.

Certainly the candidates are the most prominent race, the U.S. Senate race. The Republican incumbent, Mike DeWine, voted in his home near the Dayton area of Ohio. Voted, of course, for himself. We can only assume that -- as well as the Republican ticket.

His favored in the polls, Democratic opponent Sherrod Brown, voted in his home district west of the Cleveland area. Then both candidates went around to express to their various supporters their appreciation for the efforts in what has been an intense campaign.

Of course, Ohio is also caught up in battles for governor, where the Democrat is almost assured, if the polls are correct, of taking over from the Republican, as well as various House races. At least five of the 22 districts in Ohio are competitive or look to be bad for Republicans.

But the Republican Party particularly has an oppressive get-out-the- vote record. The party is hoping that Ohio become a state where there is a huge upset and they do better than expected.

Bob Franken, CNN, Columbus, Ohio.

(END VIDEOTAPE)

PHILLIPS: Republicans are hoping to pick up a Senate in traditionally Democratic Maryland. Lieutenant Governor Michael Steele is taking on Democratic Congressman Ben Cardin. It's the first time Maryland will elect a new senator in 20 years.

Our Brian Todd standing by in Bowie, Maryland.

Hey, Brian.

BRIAN TODD, CNN CORRESPONDENT: Hi, Kyra.

You said taking on, and that is absolutely right. Michael Steele has made this a horse race and made this actually a borderline battleground state.

The Democrats were worried about losing New Jersey. They might want to worry about losing Maryland.

Michael Steele, the Republican lieutenant governor, in some polls and in some experts' eyes, has pulled almost into a dead even heat with Democratic Congressman Ben Cardin. That is because of Steele's personal style.

He has really connected with voters, he has gotten to know them very well. He's put out some effective ads. He has also taken on Cardin quite, quite aggressively in the debates. He really got Cardin flustered one time.

That, though, has also crept into the overall tenor of the campaign nationwide. Voters and others here accusing the candidates of being overly negative with the ads and with the overall demeanor in their debates.

We talked to a couple of voters today as they left polling places about that negative tenor of the campaign.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I've been very disappointed. It's made me suspicious and a bit cynical, because I look for integrity and honesty, and I'm having a difficult time sifting through all the other stuff that's negative.

UNIDENTIFIED MALE: I think a savvy citizen really needs to do a lot of research and determine why they're voting for whom. And then make up their decision and then tune out the rest of the stuff that you hear a week or two before the elections, because all that is garbage.

(END VIDEO CLIP)

TODD: And we will see how the voters react today. The polls are going to close here at 8:00 p.m., Kyra. A couple of very close races to talk about.

Back to you.

PHILLIPS: All right. Tell us about the governor's race.

TODD: The governor's race is one of those close races, pulled into a dead heat. Republican Governor Bob Ehrlich campaigning hard. We talked to him earlier today. He came by our polling place. He's been all over the state.

He is the first Republican governor here in a couple of decades, and he is in a virtual dead heat with Baltimore mayor Martin O'Malley. This, again, is a very heavily Democratic state. It was a surprise when Governor Ehrlich was elected four years ago.

He has run a strong campaign. He is even at 50-50. Some analysts believe it's actually a good mark for the Republicans and bodes well for them tonight.

But again, some of the -- and some of these close races will be interesting because of the absentee balloting question. Because of all the problems with electronic voting in this state, the governor and other politicians have asked voters, some of them, to use absentee ballots, to use provisional ballots. Well, those aren't even going to be counted until late this week and early next week.

So, if the governor's race is close and if the Senate race is close, we may not know those results until next week.

PHILLIPS: Brian Todd in Maryland.

Thanks, Brian.

LEMON: New Jersey is one of the state where's Democrats are having to defend a Senate seat. Republican Tom Kean is challenging incumbent Robert Menendez, who was appointed, not elected, to replace Jon Corzine when Corzine was elected governor.

Our Allan Chernoff is in Mountainside, New Jersey, where we understand there have been some breaking developments, Allan? ALLAN CHERNOFF, CNN SR. CORRESPONDENT: Well, that's one way of putting it. We're at the scene of the crime, if we can call it that.

Here is exactly what transpired. And we are at Tom Kean for Senator headquarters here in Mountainside, New Jersey.

4:45 this morning, the front door to the building actually locked up with a chain and a lock. One staffer is inside of the office. He comes out, he tries to come out, discovers that he is locked inside. He calls the police.

7:00 a.m., an employee of the Dorf Feature Service, a local news wire which also has offices here, tries to get in. She discovers that the three side doors are all jammed with broken keys. She comes out here and sees that in fact, the front door is still locked up.

7:45, the police come, and they cut it open.

Who is behind all of this? Well, the Kean campaign has a few ideas. Evan Kozlow is the campaign manager.

Who do you think did this?

EVAN KOZLOW, CAMPAIGN MANAGER: Well, clearly Bob Menendez' campaign have employed tactics like this throughout the campaign. Whether it was having criminal inmates come out in order to disrupt press conferences, having people storm our offices over the weekend. These are the types of tactics that (INAUDIBLE) would employ.

CHERNOFF: So you're saying -- you're saying that the opponent actually would stoop to something like this?

KOZLOW: I believe absolutely that our opponent, his supporters, you know, approve of these types of tactics and they've done it before in this campaign. And here on Election Day they continue to do it.

CHERNOFF: Well, the Menendez camp says that your charges are ridiculous. They also say this is the biggest stunt since Britney Spears' 3:00 a.m. Vegas wedding. That's how they responded to it.

KOZLOW: Well, the Menendez campaign has also tried to disavow that Bob Menendez is under a federal criminal investigation, but we all know that that's true. The people in New Jersey have a choice to make today. Do they want a proven reformer in Tom Kean, or do they want a (INAUDIBLE) who is under a federal criminal investigation? I think people are going to choose Tom Kean today.

CHERNOFF: OK.

Well, that clearly gives everyone a sense of what this campaign has been like, just how heated it has been and how dirty, frankly, it has been as well. The Menendez camp denying everything that Evan just said.

Back to you.

LEMON: Allan, I think that is a first that I have ever heard of that.

Thank you.

Allan Chernoff reporting from broadband from Mountainside, New Jersey.

PHILLIPS: He's campaigned, he's voted, now like the rest of us, all he can do is wait. Although George W. Bush's line isn't on the line, the results of today's elections could make or break the rest of his term in office.

CNN's Kathleen Koch live at the White House -- Kathleen.

KATHLEEN KOCH, CNN CORRESPONDENT: And Kyra, yes, they are abundantly aware of that fact, that it could be a very rough two years if the Democrats take either House of Congress. The House or the Senate.

And of course President Bush is doing his level best to make sure that that doesn't happen. He and the first lady voting early this morning in Crawford, Texas.

The president on the road campaigning long and hard the last 10 days, hitting some 15 rallies in 12 states. Still, this morning, after voting, the president opted to pull any partisan punches.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Laura and I know it's a privilege to be able to cast our vote. And I encourage all Americans to vote today.

We live in a free society. And our government is only as good as the willingness of our people to participate in it.

And therefore, no matter what your party affiliation, or if you don't have a party affiliation, do your duty. Cast your ballot and let your voice be heard.

(END VIDEO CLIP)

KOCH: Well, President Bush arrived back here at the White House just minutes ago. And next on the agenda is watching returns.

White House spokesperson Dana Perino says that President Bush will be inviting top White House staffers and others to join him for a 7:00 p.m. dinner to monitor the results, to call candidates. Among those on the roster are chief of staff Josh Bolten, top strategist, Karl Rove, also the Republican National Committee chairman, Ken Mehlman.

We're told, though, that the president himself will not be making any comments today on the results of the voting, that we will have to wait until tomorrow to hear what he thinks about them -- Kyra.

PHILLIPS: What about Dick Cheney? What's he doing today?

KOCH: Well, Dick Cheney voted early in Wyoming. It's one of those states where that's permissible. So, Kyra, right now he's on a hunting trip in South Dakota.

He made a similar hunting trip four years ago. And so this is, again, what he likes to do as the election returns come in.

His daughter Mary is with him. Also his political director. They're going to be helping him track the returns.

This is the first hunting trip since that one back in February where he accidentally shot his friend, Harry Whittington. We've heard no reports of any mishaps on this one, though.

PHILLIPS: Keep our fingers crossed that he stays right on target.

KOCH: Quite so.

PHILLIPS: Kathleen Koch, all right. Thanks a lot.

KOCH: You bet.

PHILLIPS: Well, glued to the tube for election coverage, add CNN Pipeline to your plans. Watch the winners, track the losers with four live feeds, live blogger reaction, campaign coverage you won't find anywhere else.

Go to cnn.com/pipeline.

LEMON: Problems at the polls? Well, if there are any, our Ali Velshi is keeping tabs on precincts. There is he live.

He's checking them around the nation. And we'll check in with Ali when the NEWSROOM continues.

(COMMERCIAL BREAK)

LEMON: Oh, look at that live shot. That's Manhattan.

And what is that? That is our CNN election bus right on the streets of Manhattan. Election Express right across from the Duane Reed.

Folks were stopping by earlier and saying hello.

PHILLIPS: Free coffee.

LEMON: Let's stop by and talk to somebody else -- free coffee. Yes, if it's free, why not?

Well, this next guy is usually watching the bulls and the bears. And we're not talking about football or basketball teams.

ALI VELSHI, CNN CORRESPONDENT: What do you know about Duane Reed?

LEMON: Ali's tracking -- what do you mean? I lived in New York for seven years.

VELSHI: Oh, because I don't think anybody -- most people in the country -- it's an institution in New York. Every block has a Duane Reed drugstore.

LEMON: It's like a Walgreen's.

So are you tracking squirrels today? And by the way, you are at the problem desk. It sounds like where I used to go in elementary school.

VELSHI: I'm at the problem desk. I'm at the issues desk, the problem desk, the irregularity desk. There's nothing good that can come out of this.

LEMON: Well, what's happening/ We do have some problems, though, haven't we? Let's hear them.

VELSHI: We do have problems. We have some problems that we're tracking right now.

First of all, of the major problems that we're seeing today, a lot of them have to do with voters and identification. And in Ohio, Representative Jean Schmidt was one of those people, another one of those people who went to vote, and it wasn't an I.D. problem she had. She went to scan her ballot after -- went to put it in the optical scan -- you can see this -- didn't work.

LEMON: Uh-oh.

VELSHI: Didn't work.

LEMON: Uh-oh.

VELSHI: Kept not working, kept giving it back. Did you see that?

LEMON: Yes.

VELSHI: So in the end, what happened is they put it in a box. They locked it in a box that apparently they're going to scan later on.

We have had other reports of that happening. A lot of them are coming into CNN.com on I-Report. And we appreciate all the viewers who are sending that in because we are checking every single one of those.

LEMON: Of course if it's happening to her, it's happening to other folks.

VELSHI: It's happening to a lot of -- exactly.

The other -- other major stories we're following, there's a polling place in Wisconsin where it's at a school. There's been a bomb threat.

LEMON: Oh my god.

VELSHI: They've been investigating it. And because there's been a delay in figuring the whole thing out, they have moved the polling station in Wisconsin in November outdoors and across the road.

LEMON: And it's cold in Wisconsin. VELSHI: It is cold. But I guess because it's cold, they don't want people waiting in lines for a long time. The officials have said that if this goes on for a long time, they'll figure out a way to get everybody voting.

So that's under control.

LEMON: What's up with these squirrels, Ali? What do you -- what's the story?

VELSHI: Squirrels caused a power outage in Oklahoma which put a town of 6,000 out of commission. And people there weren't able to vote. But apparently they got that under control, too.

People are resilient. They will vote.

LEMON: Yes.

VELSHI: Now...

LEMON: But we've been showing you all those long lines that -- in Colorado.

VELSHI: And part of those long lines in Denver. We also have a problem there, where people have been -- there were some problems getting some of these -- getting the books, the registering books open and ready for people this morning. So as a result, we reported on this a little earlier, the Democratic Party in Colorado is filing a motion with court to have the polls extended there. We've not had confirmation that that's been done yet, but as soon as we do, we'll let you know about that.

So there are a couple places. We talked about Indiana earlier in the day, where the polls are going to be extended until 8:45. We'll keep you posted on that.

And the other thing, Don, we're tracking -- we've got people on the ground checking out the situation in Pennsylvania and New Jersey, where there have been numerous reports of voting machine failures. But we want to confirm those and bring you the accurate story as soon as we've got it.

LEMON: Wow. Ali on top of all of it.

Thank you very much.

VELSHI: I'm a guy with issues, Don.

LEMON: You've got some issues.

VELSHI: Don't forget that.

LEMON: We're going to check back with you and your issues in the next hour.

VELSHI: Thank you. LEMON: All right.

PHILLIPS: The politicking, handshaking mudslinging, well, they're finally over. Time for the voters to have their say. Control of Congress and lots of governorships at stake.

Joining us from Washington, CNN political analyst Bay Buchanan, political consultant Julian Epstein.

Bay, Julian, Will Durst, political pundit, started talking about everybody having their predictions. Take a listen to what he said.

(BEGIN VIDEO CLIP)

WILL DURST, POLITICAL COMEDIAN: If anybody can snatch defeat from the jaws of victory, it's the Democrats. The only reason they're flying high is because Republicans have dug themselves such a deep hole. They can feel the heat from the core of the earth. And we saw John Kerry try to take the ladder away from them earlier this week.

(END VIDEO CLIP)

PHILLIPS: Hmm, feeling the heat, Bay?

BAY BUCHANAN, CNN POLITICAL ANALYST: Well, he makes an excellent point. There's no question that anything can happen today.

It looked as if Democrats should do very, very well the last couple weeks. But things have turned around. A lot of things have closed. And, of course, it comes down to one thing, who gets their votes out. Republicans are known to do a very good job.

But this is -- without question, this election is about Republicans. Republicans are upset with Republicans. Independents are upset with them.

What has the leadership in the Republican Party done to have caused us to end up in such a close election? That I think is the question of the day.

PHILLIPS: Julian, is that the question of the day?

JULIAN EPSTEIN, POLITICAL CONSULTANT: I hate to agree with Bay. I think that is.

I think people are voting against Republicans more so than for Democrats this time. And Democrats should be a little chastened by that as they try to figure out if they do, in fact, take one or both houses of Congress, what their agenda ought to be. And that agenda, they ought to, I think, lower expectations, particularly on things like Iraq, and even domestic policy and investigations.

But I think Bay is right. I think that the races -- I think particularly the Senate races have narrowed in the last three or four days. I think the major question comes at turnout. And this is a bit of a paradox, because the Democratic base is much more energized than the Republican base, as many of us have been saying. On the other hand, Republicans are much better at the game of getting out the vote than are Democrats. And Democrats are playing catch-up.

So, I don't think that we'll see a lot of surprises. I think the Democrats will take the House. I think it's a tossup in the Senate. But I think a lot of these races are going to be a lot closer than we thought.

PHILLIPS: The executive editor of "Weekly Standard" wrote -- Fred Barnes -- wrote this article for "The Wall Street Journal," talking about is the GOP blowing it time after time. He writes, "Republicans gave up the fight on Social Security... they raised the immigration issue, touted it as a national crisis, stirred the nation's interest, and failed to come to grips with it. The tax issue also quickly faded away" -- Bay.

BUCHANAN: Well, you know, I disagree with some of those points. However, I do agree that the overall issue here is it's one thing to lose if Republicans that have been out there fighting and passing legislation, that might have been controversial, whatever it be. But they haven't done that.

You know, this immigration issue they finally addressed late. And then they pushed it through. A lot of people think the fence was nothing but a campaign ploy.

And so what do -- what do they stand for? What do we -- how do we define the Republican Party today?

They didn't -- they are not small government. They did cut some taxes. We're into a war that's not popular.

I think Republicans are going to have to sit back, and hopefully this election hopefully will win it. And then we'll reassess and say, look, we've got to offer American people a bit more than we've been doing in the last couple years.

PHILLIPS: Julian, what do you think about what Fred said, the GOP just blowing it time after time?

EPSTEIN: I think that's exactly correct. I think that this is the Katrina president and the Katrina Republican Party. Most people now associate this president, and to a lesser extent but still to a significant extent, the Republican Party with the disastrous recovery in Katrina.

And what that means is that the public doesn't really believe what this president and White House says when it comes to things like weapons of mass destruction in Iraq, the ability to win the war in Iraq, the whole fiasco with Katrina. I think that they don't believe fundamentally this White House anymore. And as importantly, they don't believe that this White House is very competent. You pepper that with a few scandals, and on top of that the fact that this Republican Congress for six years has delivered very little, has not delivered really on tax reform, on Social Security, on immigration or any of the other big-ticket items, and it's a big -- it's a big recipe for failure. And I think the public perceives that, the public wants change.

Again, the real question is what is the mandate for change? People are voting against Republicans.

Democrats, tomorrow, the hard work really begins if they take over one of the houses, which is going to mean they're going to have to define what is the mandate for change, what are the expectations? And that's where the real trickiness is going to come in.

PHILLIPS: Well, speaking of change, Nancy Pelosi could make history here. I want to get both of you to react to this.

George D. Gallo of Connecticut, GOP chairman, in an e-mail to reporters said, "In these close races in Connecticut, there are few things that motivate Republicans and Independents more to vote for our candidates than the thought of Nancy Pelosi being two heartbeats from the presidency."

What do you think about Nancy Pelosi, Bay?

BUCHANAN: There's no question that is an accurate statement. And, indeed, it could be that the Democrats lose the House because of Nancy Pelosi.

I was out in Indiana for several days campaigning for Congressman Hostettler the last -- this last week. And I can't tell you, there's Democrats coming up to both the congressmen -- and I heard it from them as well -- saying, "There's only one issue in this campaign. It's Nancy Pelosi. I'm a Democrat, but I cannot vote for a party that will put her as speaker."

So I think there is some real feelings out there that this party, Nancy Pelosi party, is too liberal. The Democrats have not offered much in any kind after a way of explaining what they would do that the Democrats, Republicans haven't done.

In addition to that, the faces of the Democrat leadership is a much, much more liberal face, whether it's John Kerry, Howard Dean or Nancy Pelosi, than middle America. And I believe that may help, if not be the reason, why Republicans hold the House.

PHILLIPS: Julian, she's known to have a very divisive relationship with the president.

EPSTEIN: Well, and the president, likewise, a divisive relationship with her. I think there's no question she is a bit of a lightning rod. But I think at the same time, many, many Republicans underestimate this woman.

This will likely be the first woman speaker of the House of Representatives, which is a real milestone. She didn't get into that position by being any dummy. She's really a very, very smart and savvy politician.

And look, she understands that you have, like Newt Gingrich, in 1994, it is a different role being the minority leader bomb thrower and the actual speaker, where you have to govern. The Democratic Party is a very, very big tent. She has a Herculean task of trying to unify what is often a very disparate and sometimes internally undisciplined party. She understands that, and I think she also understands the benefit of trying to reach out to Republicans on a legislative agenda.

I think you will see a very, very different type of House of Representatives. I think one where the partisanship is a little bit ratcheted down. Not so much, because, remember, we're looking at an '08 election. But I think you'll see a genuine attempt on Nancy Pelosi to reach out to moderates and even moderate Republicans.

So I think we'll see a very adversarial situation with the White House. But I think inside the actual House of Representatives itself, I think things will change for the better with her as speaker.

PHILLIPS: All right. Well, real quickly -- and if that does happen, I want to just ask you both about Iraq quickly.

Americans want answers about the direction in Iraq. And if Democrats win a majority, a lot of analysts have said, hey, we're going to see more investigations, more hearings into the war. And will that finally change policy in Iraq?

Bay?

BUCHANAN: No, not in the next two years. I don't -- in fact, I expect that in the next six weeks, you're going to see an increase of military activity in Iraq.

I think the president is going to increase the number of troops, and they're going to go in there and see if they can't calm down Baghdad once and for all. I think that's the only solution if he is -- and I agree with him that you can't just pull out. So I think you're going to see a more intense situation in Iraq once this election is over...

PHILLIPS: Julian, real quickly.

BUCHANAN: ... independent of what the results are.

EPSTEIN: You will see investigations. Democrats got to be careful to make sure those investigations are not political, but really in the public interest. I think Democrats got to enunciate a different course which will mean a scaling back of the troops and probably a gradual partition. The Sunnis, the Shiites and Kurds, I think, will have to be some type of federation.

Democrats are going to have to be very clear about that. And the Democrats are also going to have to be aware that if they get power back in the House of Representatives or Senate, that they're going to bear some responsibility for what happens in the outcome of Iraq. So this is a very tricky situation for them. But I think people like Carl Levin and leaders in the House side will really step up to the task. They've given this a lot of thought.

PHILLIPS: Julian Epstein, Bay Buchan.

Thanks, guys. I have a feeling we'll talk tomorrow, too.

EPSTEIN: OK.

(CROSSTALK)

PHILLIPS: All right. Great. See you to morrow.

LEMON: Far from Mark Foley's old district of Florida, the congressional page scandal casts a very long shadow over a race in New York.

That's ahead in the CNN NEWSROOM.

(COMMERCIAL BREAK)

LEMON: Let's go to the newsroom, breaking news desk.

T.J. Holmes, a developing story in California.

T.J. HOLMES, CNN ANCHOR: Yes, Don. You were talking to Ali there about the -- I guess the problem desk. Well, this is the breaking news desk here, but we've certainly got a problem to tell you about here with a vehicle and a rescue here.

A vehicle overturned. This is in the Angeles National Forest, right outside Los Angeles. And a vehicle there had gone down an embankment some 20 feet, according to L.A. County Fire.

And the issue, they couldn't get to the occupants that quickly. They got there, and it took them some time to have to cut and extricate those folks out of the vehicle.

Not sure of the condition right now of the people who were in the car. We're being told by L.A. County Fire that there were at least two people in the car. One had moderate injuries, the other moderate to severe injuries.

You're witnessing now a video we just got of the actual rescue. You can see several rescue workers mainly from L.A. County Fire, again having to cut folks out. And you can see kind of in the middle there they're trying to -- or here they were taking that one person out on the stretcher, it appears, and getting them to the hospital.

But, again, a vehicle that had gone down an embankment there. So, an unfortunate circumstance there for them. We're hoping to get some more information on the condition of those folks. But just bringing you those pictures of a tough day for somebody there in the Angeles National Forest -- Don.

LEMON: Yes, certainly looks very serious T.J., but still no word on conditions at all?

HOLMES: Again, the conditions, what they were initially told by L.A. County Fire, was that at least one person that was in the vehicle had moderate injuries, the second person -- moderate to severe injuries, so don't know just how severe they may be.

LEMON: All right, well we wish them well. All right, thank you very much for that, T.J.

(MARKET REPORT)

PHILLIPS: Big-Sky, big battle -- Montana could swing the Senate one way or another. We're going to check out a race that's too close to call ahead in the NEWSROOM.

(COMMERCIAL BREAK)

PHILLIPS: Just getting video in. California Governor Arnold Schwarzenegger -- casting his vote there in Brentwood, California. Not far from where he lives there in southern Cal. We saw the president voting earlier today outside of Crawford, Texas, now the governor casting his vote there in California. Of course, shaking hands with workers, proudly putting on a sticker. Check out the big ring. I want the story behind that on his right hand. Looks like he got -- it looks like a mood ring, my director says. And it's blue. So if we think about the -- okay we won't get into all that. Anyway, evidently in a moment we're going to see his son. He steps up, pretends that he wants to vote. Of course, dad doesn't let him do that. But, anyway, a little photo op there with the California governor. There is his son right there. OK, now we've got a shot of him. Of course, he can't vote. He's trying. He's almost there. He'll be 18 soon. All right. We're following all the bigwigs as they vote today.

LEMON: I think the ring may be election blue. You either wear red or blue on Election Day. So, he put on a ring to match. Thanks for playing along, by the way. All right.

It's a crowded race for the top job in Texas. Five names are on the ballot including independent Kinky Friedman. Of course, independent doesn't really do Friedman justice. His campaign slogan is vote for kinky -- why the hell not? Well, he may be trailing in the polls, but he says it's anyone's game.

(BEGIN VIDEO CLIP)

KINKY FRIEDMAN, INDEPENDENT CANDIDATE FOR TEXAS GOVERNOR: No one knows. At this time no one knows. People just have to get off their butts and vote. And I know all over the state, young people are voting for the first time, Mike. For the first time, they're really getting involved in the process.

(END VIDEO CLIP)

LEMON: Friedman says he wants to dewussify Texas among other things, by among other things, making it OK to wish people Merry Christmas and clearing the way for Texans to light up the occasional cigar in public.

PHILLIPS: Well, a House race in western New York wasn't supposed to be close but it is because of a scandal caused by a Congressman 1,000 miles away. Deb Feyerick is in Clarence, New York. Hey, Deb.

DEBORAH FEYERICK, CNN CORRESPONDENT: Hey there, Kyra. Well, the Buffalo News, the main paper here, decided not to endorse either candidate. They decided not to endorse the four-term Republican incumbent Tom Reynolds. They decided not to endorse the Democratic challenger, Jack Davis.

Now, Davis is a 73-year-old businessman. He is a political novice who spent about $2.5 million of his own money on this race. His spokesman said he voted earlier today and then went to the office where he did a little work and returned some calls. We are told by the spokesman for the Reynolds campaign that Tom Reynolds is voting within the hour, and then he's going to continue canvassing the district trying to get out his constituents. Now, everybody here really understands the impact that the Foley scandal is having on this race. And that's why it's expected to be so close.

Republicans and Democrats, both parties, were in state Supreme Court today asking for a state-wide impoundment order. What that means is that all paper ballots, including absentee and provisional ballots, will be collected after the polls close and brought to the Board of Elections where they will be secured under lock and key. This way if the race is close, nobody will be able to question, at least, the integrity of these particular ballots. Now, the voters we have seen going into the voting booth, they have been pulling the levers pretty quickly, getting in, getting out, not hesitating for a moment. They seem to know who they're voting for before they get here. We spoke to a couple earlier.

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UNIDENTIFIED FEMALE: Both candidates didn't really please me. I didn't like the way they campaigned. A lot of negativity. But, you know -- and this particular issue, I'm sticking with the party.

UNIDENTIFIED FEMALE: I believe we need serious change in the country more so than in New York State and so my interest in the Congressional elections is strong. So that's probably the primary reason that I'm here.

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FEYERICK: Now, the Board of Elections tells us that everything's been running relatively smoothly. There were a couple of kinks this morning, but they seem to have worked those out. Anecdotally, we are being told where we are and the town over, there's been a heavy voter turnout. And that's because this is the district where both of the candidates live. Kyra?

PHILLIPS: Deb Feyerick in Clarence, New York. Thanks, Deb.

LEMON: Neoconsternation. Supposedly some of the biggest behind- the-scenes boosters of the war in Iraq are booing the war's execution. We'll take a look ahead in the CNN NEWSROOM.

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LEMON: He has apparently won his old job back, but Daniel Ortega says he's not the same guy who ruled Nicaragua in the turbulent 1980s. Preliminary vote counts show the former leftist marxist Sandinista leader has won Sunday's election and struck at least a psychological blow to the Bush administration. It's less than eager to see another regional ally of Venezuela's Hugo Chavez or Cuba's Fidel Castro. Ortega, though insists he's left his revolutionary past behind, he even adopted John Lennon's "Give Peace a Chance" as a campaign song.

PHILLIPS: Well despite a death sentence, life goes on for Saddam Hussein, back in court for a separate genocide trial. On Sunday, the former Iraqi leader was convicted and sentenced to hang in the Dujail case. While he appeals, prosecutors are pressing on with charges in the Anfal Province campaign. They say 180,000 Kurds were wiped out by Hussein's forces in 1988. One witness who said that he survived an execution squad displayed his scars in court. Hussein questioned him, then said the witness failed to connect him to the violence.

LEMON: Vanity, maybe? Fair, not so much. The cry from some so- called neocons who the magazine reports are now harsh critics of the war in Iraq, a war they helped engineer. CNN's Brian Todd has that story.

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BRIAN TODD, CNN CORRESPONDENT (voice-over): He's already had plenty of moderate Republicans break with him over the Iraq war. But with "Vanity Fair" magazine now reporting cracks among President Bush's ideological brethren, the so-called neo-conservatives who had pushed for the invasion, a political and media controversy has erupted just before the Election Day.

MICHAEL RUBIN, AMERICAN ENTERPRISE INSTITUTE: I would argue that "Vanity Fair, David Rose cherry-picked the quotes.

TODD: The Bush administration sent the Pentagon's Michael Rubin to Iraq to advise the coalition authorities, which is why he made waves when "Vanity Fair" reported that Rubin said President Bush has betrayed Iraqi reformers. Rubin says he didn't go that far.

RUBIN: I criticized the White House for being on the verge for basically going wobbly for being on the verge of betraying the Iraqi liberals.

TODD: In an excerpt from an upcoming issue, "Vanity Fair" also reports Richard Perle, former chairman of the Pentagon's Defense Policy Board Advisory Committee, believes total U.S. defeat in Iraq is becoming more likely.

Quote -- "At the end of the day, you have to hold the president responsible. I don't think he realized the extent of the opposition within his own administration and the disloyalty."

Perle says "Vanity Fair" took him out of context and posted this on the online version of "National Review". Quote -- "We are on the right path in Iraq."

David Rose, the "Vanity Fair" correspondent who interviewed these men, defends his reporting.

DAVID ROSE, "VANITY FAIR": I don't think it's misleading. The thing is I mean I was -- I'm slightly surprised by they're saying that. Because I actually went back to the transcripts and I read again what they told me. And the truth is that the full context of those interviews, the full substance of what they said is if anything more critical of the administration.

TODD: Another point of contention, one of the neo-conservatives, Frank Gaffney, tells me it was his understanding that these quotes wouldn't be published until after Election Day.

(on camera): A "Vanity Fair" spokeswoman says there was no formal agreement to hold off publication. She gave a statement saying at a time when the vice president says the administration is going full speed ahead with its Iraq policy and when the president is saying Donald Rumsfeld's job is secure, the magazine felt it was in the public's interest to hear what these men are saying about the war before the election. Brian Todd, CNN, Washington.

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PHILLIPS: Straight ahead, entertainment news with Sibila Vargas of "SHOWBIZ TONIGHT." Hey Sibila, what's on tap?

SIBILA VARGAS, CNN ENTERTAINMENT CORRESPONDENT: Well Kyra, you're going to love this. Country music's biggest and brightest took to the stage in Nashville for last night's Country Music Awards. We'll tell you who the big winners are and who's dealing with a little controversy the day after. That's up next, y'all in the NEWSROOM.

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JON BON JOVI, MUSICIAN: Very, very important people get out and vote. Regardless of what side of the aisle you want to vote on, just get out and vote. It's the only way we can make a difference.

BRAD PAISLEY, MUSICIAN: There's no party out there that stands for everything I believe, I mean, you know. You're really drawing a line in the sand when you do that.

MARTINA MCBRIDE, MUSICIAN: We have Democrats and Republicans in country music just like any other kind of music.

JAMES DENTON, ACTOR: Times are tough in a lot of areas. I think everybody's sort of questioning where they stand. Voting with conscience a little more. And so that's always a good thing, as long as they get out. GRETCHEN WILSON, MUSICIAN: Where I grew up, there's a sign on the law, and it said, no arm wrestling, no religion and no politics. And that was pretty much the bottom line because it was going to start a fight every time.

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LEMON: Well, where else can you mix politics with the red carpet? Well, the CMAs, that's where. They brought country stars and Hollywood celebs to Nashville last night, and there was even some controversy to boot.

Entertainment correspondent Sibila Vargas says joins me now.

Sibila, what went down on the country music...

VARGAS: Well, a lot of different things. Politics can certainly cause arguments, right? But you can just ask the Dixie Chicks. But they were nowhere to be found because, darn it, Don, this was no political party.

The show hosted by the country duo Brooks & Dunn celebrated a good year for country music. And it was another good night for Brooks & Dunn. They were the winner of the vocal duo award. They have won the award every year except for one since 1992. The duo tied Vince Gill for the record in awards. They each stand at 18. Dunn had a part in the most poignant moment of the show. Now, that came at the presentation of the male vocalist of the year. Take a look at this.

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UNIDENTIFIED FEMALE: And the award for male vocalist of the year goes to... Keith Urban.

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VARGAS: Dunn read the acceptance speech for singer Keith Urban, who is currently in rehab for alcohol abuse. The standing ovation was an emotional high point of the evening. It's been a whirlwind year for Urban, who was married to Nicole Kidman a few months ago. He has an album coming out today and was a performer of the year at the CMAs last year. This year that award went to Kenny Chesney.

And there he is.

LEMON: There he is right there, getting the award. Congratulations to all. And we wish Keith Urban the best.

OK.

VARGAS: Absolutely. It was great to see that standing ovation. You know, it was just the country music folks coming together and supporting him, this time.

LEMON: We talked about the controversy at the top. What was that controversy last night? VARGAS: Oh, yes. What would a show be without a little bit of controversy, right, Don? It was American idol Carrie Underwood that accidentally wound up in the most talked-about moment. Underwood won two awards, including one for best newcomer, but it was when she won the best female vocalist award that things got a little strange. Take a look at Faith Hill's reaction on the left side of your screen.

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UNIDENTIFIED FEMALE: Carrie Underwood!

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VARGAS: Did you see that? It's the moment everyone is talking about. In fact, the country music blogs are going nuts with this. Some people are say it's the most honest reaction to an upset win that they have ever seen. But Faith Hill released a statement today that said, "The idea that I would act disrespectful towards a fellow musician is unimaginable to me. For this to become a focus of attention, given the talent gathered, is utterly ridiculous. Carrie is a talented and deserving female vocalist of the year."

And we just heard before coming out on the air that Carrie and Faith spoke last night on the phone and that Underwood's representatives say that the two of them are doing just fine. You saw it.

LEMON: Yes, and you know what? We were talking about that. We said, that looked like she was just having fun.

VARGAS: I think she was just having fun. She has to know that the cameras are on her. Why would she do something so silly.

LEMON: Well, of course, she's standing there looking right in the camera. And you know what? Who won? We remember Faith Hill -- you know what I mean?

VARGAS: That's right. Carrie took home the prize. And you know, what was really cool is that Carrie's representatives say that Faith called Carrie, and Carrie was just happy and honored that, you know, Faith was actually calling her. So that was really nice.

LEMON: No, it was a nice real moment.

VARGAS: But tonight, you want to watch "SHOWBIZ TONIGHT".

LEMON: Yes, thank you, Sibila.

VARGAS: Thanks.

LEMON: We'll see you later on tonight.

VARGAS: All right.

PHILLIPS: Soggy election day for a lot of us. Rob Marciano in the Weather Center, which voters -- well, a lot of voters are needing an umbrella.

The president needed an umbrella when he landed in Washington.

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PHILLIPS: President Bush's name isn't on ballot today, but that doesn't mean that he won't have an effect on the election. Straight ahead from the NEWSROOM, what his sagging approval ratings could mean for his fellow Republicans. Our Candy Crowley, here to get sassy.

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