Pivotal states too close to call as race hangs in the balance
Follow Wednesday's election updates here
The race for the White House narrowed early Wednesday morning to hinge on a handful of crucial battleground states that remained too close to call. President Trump exceeded expectations and captured several large swing states that Joe Biden had hoped would solidify his path to victory, but millions of early votes remained outstanding.
Particularly in Pennsylvania, Wisconsin and Michigan, the number of legally cast, but yet-to-be-counted ballots was boosting Democrats' hopes of overcoming deficits among voters who headed to the polls on Election Day.
CBS News has projected the president to win Ohio's 18 electoral votes, delivering him a significant victory in a state he unexpectedly captured four years ago. He also won Florida, driven by higher support among Hispanic voters and his Republican base, and Texas, where Democrats had hoped to make inroads with an electorate that is increasingly diverse.
The president seized on the early favorable results to falsely claim victories in states that have not yet been decided and portraying the orderly counting of millions of legally cast votes as an illegitimate effort to steal the election. In an address to the nation from the White House after 2 a.m., the president wrongly claimed that he had won the election, and vowed to challenge the continued counting of legal ballots all the way to the Supreme Court.
"We want all voting to stop," Mr. Trump said. "We don't want them to find any ballots at 4 o'clock in the morning and add them to the list."
Biden's campaign called Mr. Trump's remarks a "naked effort to take away the democratic rights of American citizens."
There were some bright spots for Biden amid the slew of Trump victories. He appeared likely to win in Arizona, which hasn't voted for a Democrat since 1996. His prospects could hinge on his performance in the so-called "blue wall" of Michigan, Wisconsin and Pennsylvania, all of which were traditionally Democratic but voted for Mr. Trump in 2016.
Addressing supporters in Delaware just before 1 a.m. on Wednesday, Biden said he believed he was "on track to win this election."
"We feel good about where we are," the former vice president said.
Biden can likely afford to lose Florida, North Carolina and Georgia if he wins the blue-wall states, but vote-counting in Pennsylvania is proceeding slowly as officials sort through a mountain of absentee ballots, with some jurisdictions pausing their counting until Wednesday morning.
Find full results for all races throughout the night in the CBS News Election Center.
Full results in key states:
CBS News projects Biden to win Hawaii
CBS News projects that when all the votes are counted, Joe Biden will win the state of Hawaii.
The state's four Electoral College votes put Joe Biden ahead of President Trump in the national tally by nine, with a projected total of 224 for Biden and 213 for Mr. Trump at this stage.
Twitter and Facebook flag posts after Trump's false election claims
Both Twitter and Facebook reacted to President Trump's false claims about the election by flagging posts on their sites.
"Some or all of the content shared in this Tweet is disputed and might be misleading about an election or other civic process," Twitter said in a banner blocking a Tweet by Mr. Trump, which misleadingly said he was "up big" and, without evidence, accused Democrats of trying to "steal" the election.
Facebook said it was flagging posts by both candidates to make sure that people know that votes were still being counted. Facebook owns Instagram and said it would also flag relevant posts on that platform.
"Once President Trump began making premature claims of victory, we started running notifications on Facebook and Instagram that votes are still being counted and a winner is not projected," Facebook said in a statement. "We're also automatically applying labels to both candidates' posts with this information."
Under fire for not having done enough to police disinformation during the 2016 Presidential election, social media companies created a number of new policies in the leadup to this year's vote, including taking down or flagging misleading content, downranking misleading posts and directing users to reputable news sites.
Results from Milwaukee County give Biden narrow lead in Wisconsin
Results from absentee ballots cast in Milwaukee County trickled in early on Wednesday morning, providing Biden with a narrow lead in the critical swing state of Wisconsin. The county is the largest in the state, encompassing the city of Milwaukee. With the ballots from Milwaukee, Biden's lead in the state has widened to around 11,000 votes.
Results from absentee ballots from Green Bay and Kenosha, two other cities which skew Democratic, have yet to be released.
Biden is expected to gain an advantage in Wisconsin, Michigan and Pennsylvania as the results of absentee ballots are reported. Many Democrats opted to vote absentee due to concerns about the coronavirus pandemic.
With the overall state tally so close, CBS News has not yet projected whether Biden or Mr. Trump will win Wisconsin's 10 votes in the Electoral College.
Biden camp accuses Trump of "naked effort to take away the democratic rights of American citizens"
Joe Biden's campaign for the presidency tore into President Trump early Wednesday morning for his claims to have won the election as votes were still being counted. Biden campaign manager Jen O'Malley Dillon, in a statement released just before 4 a.m. Eastern, accused Mr. Trump of a "naked effort to take away the democratic rights of American citizens" for appearing to call on states to stop counting legally-cast ballots.
"The president's statement tonight about trying to shut down the counting of duly cast ballots was outrageous, unprecedented, and incorrect," Dillon said, adding: "Never before in our history has a president of the United States sought to strip Americans of their voice in a national election. Having encouraged Republican efforts in multiple states to prevent the legal counting of these ballots before Election Day, now Donald Trump is saying these ballots can't be counted after Election Day either."
"It was incorrect because it will not happen. The counting will not stop. It will continue until every duly cast vote is counted. Because that is what our laws — the laws that protect every Americans' constitutional right to vote — require," she said, vowing that the campaign had "legal teams standing by ready to deploy to resist" any effort by the president "to go to court to try to prevent the proper tabulation of votes."
CBS News projects Biden wins Virginia
Biden is expected to win Virginia and the state's 13 electoral votes, CBS News projects.
Pennsylvania governor hits back at Trump: "We will count every vote"
In response to a series of false claims made by Mr. Trump about the state of the presidential races in several key states, Pennsylvania Governor Tom Wolf, a Democrat, vowed that every vote legally cast in the state will be counted.
"I promised Pennsylvanians that we would count every vote and that's what we're going to do, Wolf said in a pair of tweets following the president's error-filled remarks from the White House. "Let's be clear: This is a partisan attack on Pennsylvania's elections, our votes, and democracy."
Wolf said more than 1 million mail-in ballots have yet to be counted, but county officials are "working tirelessly to process votes as quickly AND as accurately as possible."
"Pennsylvania will have a fair election and we will count every vote," he added.
Mr. Trump claimed without evidence he is leading in Pennsylvania, though CBS News has characterized the race as a toss-up. In several counties in the state, vote counting has been halted until the morning.
Pennsylvania's Allegheny County to resume counting later Wednesday morning
Allegheny County in Pennsylvania, which includes Pittsburgh and its surroundings, has suspended counting of mail-in ballots until after 10 a.m. ET on Wednesday. Allegheny is Pennsylvania's second most populous county with more 940,000 registered voters, and has more than twice as many Democrats as Republicans.
"The county has made the decision to suspend scanning and will begin again after 10 AM," county spokesperson Amie Downs said. "Staff are being asked to report at 10 AM and scanning will begin shortly after."
Roughly 348,000 mail-in and absentee ballots have been returned in Allegheny County. Of those, 173,068 have been scanned and uploaded, and approximately 29,000 will be reviewed manually. The remaining 146,537 ballots will be scanned beginning late Wednesday morning, with the county providing updates as the process begins until it's complete.
All ballots have been secured in the warehouse with county police patrolling the facility. The facility is also under 24-hour video surveillance.
Trump falsely claims he won election as millions of votes remain uncounted
President Trump addressed the nation from the White House after 2 a.m. as the outcome of the election remained unclear, claiming victories in states that have not yet been decided and portraying the orderly counting of millions of legally cast votes as an illegitimate effort to steal the election.
The president said the results have been "phenomenal," pointing to projected wins in Florida and Texas, and claiming he's won Georgia although results are still trickling in. The president also claimed victory in North Carolina, which remains a toss-up according to CBS News projections.
"They can't catch us," the president said, falsely. "We will win this and as far as I'm concerned we already have won."
The president said he wants "the law to be used in a proper manner, so we'll be going to the U.S. Supreme Court." The president cannot go directly to the Supreme Court and ask the justices to halt the counting of ballots.
"We want all voting to stop," Mr. Trump said. "We don't want them to find any ballots at 4 o'clock in the morning and add them to the list."
The president's suggestion that votes are still being cast in the battleground states is false. Millions of ballots were cast early in Pennsylvania and Wisconsin and have yet to be counted, and both states accept mail-in ballots that were postmarked by Election Day. The deadlines for accepting mail-in ballots were extended in each of those states, and the Supreme Court approved the extensions. The president claimed, without evidence, to be winning in Pennsylvania, which CBS News ranks as a toss-up and where many counties have halted vote-counting until later Wednesday morning.
"This is a fraud on the American public. This is an embarrassment to our country. We were getting ready to win this election," he said. "Frankly, we did win this election."
CBS News' Norah O'Donnell said the president was "castrating the facts" by claiming victory in a race that is far from decided.
CBS News projects Biden wins Minnesota, Trump wins Montana
Biden is expected to win Minnesota, CBS News projects, moving the state's 10 electoral votes into his column.
CBS News projects Mr. Trump wins Montana and its three electoral votes.
How Maine and Nebraska's split electoral votes could affect the election
As the race drags into Wednesday, it appears two congressional districts in Maine and Nebraska could prove pivotal in deciding the outcome of the election.
Maine and Nebraska are the only states in the nation that split their electoral votes. Maine awards two of its four electoral votes to the statewide winner, but also allocates an electoral vote to the popular vote winner in each of its two congressional districts. Nebraska gives two of its five electoral votes to the statewide winner, with the remaining three going to the popular vote winner in each of its three congressional districts.
Read more here.
5 states remain toss-ups as counting continues
According to CBS News' estimates, five states remain toss-ups, leaning toward neither Biden nor Mr. Trump: Georgia, Michigan, North Carolina, Pennsylvania and Wisconsin.
Trump projected to take Texas
CBS News projects that Mr. Trump will win Texas, adding the state's 38 electoral votes to his tally.
Democrats had hoped to turn the Lone Star State blue, but were unsuccessful in their efforts.
Biden, meanwhile, is expected to win Rhode Island and its four electoral votes, as well as New Mexico and its five electoral votes, CBS News projects.
Where the race to 270 electoral votes currently stands
Trump projected to win Florida and Iowa
CBS News projects the president will win in Florida, a significant victory that delivers him the state's 29 electoral votes. Mr. Trump was bolstered by an increase in support among Hispanics as compared to four years ago, with Biden underperforming in populous Democratic strongholds.
Mr. Trump is also projected to win in Iowa, picking up an additional six electoral votes, and is likely to capture Alaska, where polls closed at 1 a.m. ET.
Trump says he will address supporters
Just after Biden delivered brief remarks to his supporters in Delaware, Mr. Trump announced on Twitter that he, too, will be making a statement. The president is at the White House.
Mr. Trump is currently trailing Biden in the electoral vote count, though several key states have not yet been called. CBS News projects Trump will win Wyoming, adding its three electoral votes to his tally.
Biden urges patience in counting votes: "We believe we're on track to win this election"
With the presidential race still up in the air, Biden took to the stage shortly before 1 a.m. in Wilmington, Delaware.
"Your patience is commendable," Biden told his supporters adding that he and his team "feel good about where we are."
"I'm here to tell you tonight, we believe we're on track to win this election," he said
But, he cautioned, it's going to take patience, noting the election won't be over until every vote is counted.
Biden nodded to seemingly good odds in Arizona and Minnesota, and said he is feeling "real good" about Wisconsin and Michigan. He added he's going to win Pennsylvania, the state where he spent his first years of life.
The former vice president thanked every voter who cast their ballot for him, saying he's also grateful to poll workers and volunteers who participated in the democratic process.
"Keep the faith, guys, we're going to win this. Thank you, thank you thank you," he said, ending his brief remarks with his wife Jill at his side.
Trump projected to win Ohio and Idaho
CBS News projects Mr. Trump wins Ohio, securing the state's 18 electoral votes, as well as Idaho and its four electoral votes.
Ohio is a key battleground state, and one the president claimed in 2016.
Biden to address supporters, call for patience in vote count
The former vice president and Dr. Jill Biden will soon be heading to the Chase Center in Wilmington, Delaware, to address supporters.
A source familiar with his plans says Biden is expected to deliver a statement calling for patience with the vote count, but is also expected to show confidence in his standing given the results in Arizona.
Arizona moves to likely Biden, CBS News estimates
CBS News estimates that Arizona moves from leaning toward Biden to likely for Biden. If the former vice president were to win the state, it would be the first to flip from 2016, when Mr. Trump won there.
Hawaii, where polls are now closed, is likely for Biden, CBS News estimates.
Trump projected to win at least 3 of Nebraska's electoral votes as Biden takes Oregon
CBS News projects Mr. Trump wins Nebraska with at least three of the state's five electoral votes. The state is one of two, along with Maine, allocates its electoral votes based on congressional district.
Biden, meanwhile, is projected to win Oregon and the state's seven electoral votes.
Trump projected to win Mississippi and Missouri, Ohio now leaning toward Trump
CBS News projects the president wins Mississippi and its six electoral votes, as well as Missouri and its 10 electoral votes. Mr. Trump also is projected to win Kansas, securing its six electoral votes.
Ohio also moves from a toss-up to leaning toward Mr. Trump, CBS News estimates.
Biden projected to win Illinois and California as polls close on the West Coast
Polls are now closed in California, Idaho, Oregon and Washington.
CBS News projects Biden wins Illinois, adding the state's 20 electoral votes to his total, and California, securing its 55 electoral votes. Oregon and Washington are rated likely to go for Biden, while Idaho is likely to fall into Mr. Trump's column.
Biden outperforming Clinton in Arizona among seniors and young voters
As more and more states begin to move off the board, Arizona looks as if it could prove decisive to the election. In a state Hillary Clinton lost by 4 points in 2016, exit polls suggest Biden has a chance to win based on an improved performance among key groups. CBS News currently ranks the state as leaning toward Biden.
Voters aged 65 and older make up a larger portion of Arizona's electorate (31%) than the national electorate (20%) this year. In 2016, Clinton lost these seniors 44% to Trump's 55%. It is significant, therefore, that in 2020, exit polls show Biden with a slight edge among these senior voters, 54% to 47%.
Mr. Trump is ahead among voters aged 45 to 64, but even in this group, his edge has narrowed, from a 13-point lead in 2016 to a 6-point lead in 2020.
While voters aged 18 to 29 make up a smaller proportion of Arizona's electorate, Biden also appears to be outperforming Clinton's margins among this group. Clinton won young voters 53% to 35%. This year, Biden leads Mr. Trump 62% to 27%.
Voters aged 30 to 44 are slightly more favorable to Mr. Trump in 2020 than in 2016 — a 2-point deficit this year versus a 6-point deficit in 2016.
Biden projected to win New Hampshire, and Arizona now leans Biden
CBS News projects the former vice president will win New Hampshire, walking away with its four electoral votes, while Mr. Trump wins Utah and its six electoral votes. CBS News also estimates Arizona and its 11 electoral votes moves from a toss-up to leaning toward Biden.
New Hampshire: Biden win
Arizona: leans Biden
CBS News also projects that Trump will win Louisiana.
Where the race for the House stands
Texas leans Trump, CBS News projects
Texas now leans toward the president, CBS News projects. As of shortly after 10 p.m., more than 9 million votes had been counted, or 78% of the projected total. The president led Biden by roughly 271,000 votes.
Polls close in 4 more states; Trump projected to win Alabama, North Dakota, South Carolina
Polls have now closed in Iowa, Montana and Nevada, as well as part of Utah. A total of 21 electoral votes are up for grabs in the four states.
In the battleground states of Iowa and Nevada, CBS News estimates Nevada is leaning toward Biden, while the presidential race in Iowa is a toss-up.
CBS News projects Mr. Trump wins Alabama and its nine electoral votes, North Dakota and its three electoral votes, and South Carolina and its nine electoral votes. In the battle over the Senate, Democrats have their first pick-up of the night, as CBS News projects Democrat John Hickenlooper wins over Republican incumbent Cory Gardner.
CBS News also now estimates Florida is leaning toward Mr. Trump.
Iowa: toss-up
Nevada: lean Biden
Texas emerges as unlikely battleground in 2020 election
CBS News projection: Biden wins New Jersey, Connecticut, Maryland, Colorado; Trump wins Arkansas, South Dakota
CBS News projects that Mr. Trump wins Arkansas and its six electoral votes, as well as South Dakota and its three electoral votes.
Biden has won New Jersey and its 14 electoral votes, Connecticut and its seven electoral votes, Maryland and its 10 electoral votes, and Colorado and its nine electoral votes.
Burst water pipe leads to delays in absentee vote count in Fulton County, Georgia
Officials in Fulton County, Georgia, revealed that a burst water pipe in a room in the State Farm Arena, home of the NBA's Atlanta Hawks where officials were tabulating absentee ballots, has led to a delay in the counting of votes. The county, which includes Atlanta, said it was notified of the leak just after 6 a.m. Tuesday.
No ballots or equipment were damaged, the county said. As of 6:30 p.m., Fulton County has processed more than 86,000 ballots.
Biden makes gains with key demographics compared to 2016
Without Hillary Clinton on the ballot this time around, Mr. Trump is running worse among men than in 2016. He is in a dead heat with Biden among this group that Clinton lost by 11 points. Meanwhile, Biden leads by 15 points among women, similar to Clinton's 13-point advantage.
Suburban women, a group both candidates hoped to appeal to, favored Biden 56% to 43%. This was slightly better than Clinton's margin in 2016, when she led 51% to 44%.
In terms of race, Biden is benefitting from a larger proportion of non-White voters at the polls: 35% this year compared to 29% in 2016. While Biden is outperforming Mr. Trump among non-White voters, 72% to 25%, this is a slightly smaller margin than Clinton had in 2016 (74% to 21%). Compared to 2016, Mr. Trump appears to be doing about 4 points better among Black voters, 3 points better among Hispanic voters, 4 points better among Asian voters and 3 points better among other non-White voters.
Countering Mr. Trump's improved performance among non-White voters, Biden is performing better among White voters than Clinton did in 2016. Biden is losing White voters by 12 points — a group that Clinton lost by 20 points.
In terms of age, the electorate looks about the same as it did in 2016. However, younger voters are more strongly favoring Biden than they favored Clinton. Among the 9% of voters aged 18 to 24, Biden leads 69% to 27%. In 2016, Clinton led 56% to 34%. Biden also saw an improvement in voters over 45, holding even with Mr. Trump among this group. In 2016, Clinton lost those over 45 by a margin of 44% to 52%.
David Jones
Trump expected to speak Tuesday night regardless of outcome
Mr. Trump is expected to address the public on Tuesday night regardless of whether the outcome of the election is clear, a senior campaign official told CBS News.
"Even if it's not to declare victory, he needs to set the narrative," the official said.
Trump campaign adviser Kellyanne Conway said earlier on Tuesday that she expected the president to speak tonight.
Polls close in 14 states, including key Midwestern battlegrounds
Polls have closed in all or parts of the following 14 states: Arizona, Colorado, Kansas, Louisiana, Michigan, Minnesota, Nebraska, New Mexico, New York, North Dakota, South Dakota, Texas, Wisconsin and Wyoming.
In the five states that are considered battlegrounds — Arizona, Michigan, Minnesota, Texas and Wisconsin — CBS News estimates Minnesota is leaning toward Biden, while the presidential races in the remaining four are toss-ups.
CBS News also projects Mr. Trump wins West Virginia and its five electoral votes, while Biden wins New York and its 29 electoral votes.
Arizona: toss-up
Michigan: toss-up
Minnesota: leans Biden
Texas: toss-up
Wisconsin: toss-up
McConnell projected to keep Senate seat in Kentucky
CBS News projects Senate Majority Leader Mitch McConnell will retain his Senate seat in Kentucky, meaning he will almost certainly be the Republican leader in January.
McConnell fended off a well-funded challenger in Amy McGrath, after national Democrats poured roughly $100 million into her campaign, even though polling didn't show the race was particularly close.
In January, 78-year-old McConnell will begin his seventh term in the Senate.
CBS News projection: Biden wins D.C., Delaware, Massachusetts; Trump takes Oklahoma, Kentucky, Tennessee
CBS News projects that Biden will win the District of Columbia and its three electoral votes, his home state of Delaware, with three electoral votes, and Massachusetts and its 11 electoral votes.
Mr. Trump wins Oklahoma and its seven electoral votes, as well as Kentucky and its eight electoral votes, CBS News projects. He is also projected to win Tennessee and its 11 electoral votes.
Florida and Pennsylvania are toss-ups, CBS News estimates
Polls have closed in 17 more states: Alabama, Connecticut, Delaware, District of Columbia, Florida, Illinois, Maine, Maryland, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, Oklahoma, Pennsylvania, Rhode Island, and Tennessee.
Three of those states are considered battlegrounds, and CBS News estimates that the presidential races in Florida and Pennsylvania are toss-ups. New Hampshire is leaning toward Biden, CBS News estimates.
Florida: toss-up
New Hampshire: leans Biden
Pennsylvania: toss-up
Biden wins Vermont and Trump takes Indiana, CBS News projects
CBS News projects that Biden will win Vermont and the state's three electoral votes, while the president will win Indiana and its 11 electoral votes.
Biden winning independents in North Carolina
In a reversal from four years ago, Biden has an edge among independents in North Carolina, exit polling shows.
White women with college degrees are also giving Biden a boost in the Tar Heel State. He leads this group that Mr. Trump won four years ago.
But White evangelicals make up a third of the electorate and they are overwhelmingly backing Mr. Trump. The president also continues to do well with White men without college degrees.
This year, the party division among voters appears similar to 2016: 34% Democratic, 36% Republican and 30% independent. Once again, partisans are favoring their own party's candidate by more than 95%.
However, independents appear to have swung away from Mr. Trump. In 2016, independent voters favored Mr. Trump, 53% to 37%. But this year, the exit polls suggest that independents are narrowly supporting Biden, 49% to 43%. If these numbers hold up, they could hold the key to a victory by Biden in the Tar Heel State.
Jennifer De Pinto and David Jones
CBS News estimates North Carolina and Ohio are toss-ups
Polls have closed in three more states, and CBS News estimates that the presidential race is a toss-up in North Carolina and Ohio, while West Virginia is leaning toward Mr. Trump.
In the Senate, CBS News estimates North Carolina's race between Republican Thom Tillis and Democrat Cal Cunningham is a toss-up. CBS News also estimates the West Virginia Senate race between Republican Shelley Moore Capito and Democrat Paula Jean Swearengin leans Republican.
North Carolina: toss-up
Ohio: toss-up
West Virginia: leans Trump
Melissa Quinn and Kathryn Watson
Pennsylvania governor urges voters to "take a deep breath and be patient"
Pennsylvania Governor Tom Wolf released a video on Tuesday evening urging voters to remain calm as vote counting may extend into the coming days.
"Across the state, dedicated county workers are ready to tirelessly make sure everyone's vote counts," said Wolf. "But counting that tremendous number of ballots will take more time than we are used to. We may not know the results today, but I encourage all of us to take a deep breath and be patient. What is most important is that we have accurate results, even if that takes a little longer."
Polls close in Pennsylvania at 8 p.m. ET, but the large number of absentee ballots in the state means results could take days to be counted.
Find Pennsylvania election results here.
Georgia a toss-up as polls close in 6 states
CBS News estimates that Georgia is a toss-up, while Kentucky and South Carolina are leaning toward Mr. Trump. CBS New estimates that Indiana is likely for Mr. Trump. Virginia, meanwhile, is leaning toward Biden, while Vermont is likely for Biden, CBS News estimates.
In Georgia, Biden is bolstered by the finding that 15% of Georgia voters in 2020 say they did not vote in 2016. Among this group, Biden leads by 6 points, 51 to 45%.
In addition, 6% of Georgia voters in 2020 say they voted for a third-party candidate in 2016. Among this pocket of voters, Biden leads by a huge margin, 64% to 20%.
Georgia: toss-up
Indiana: likely Trump
Kentucky: leans Trump
South Carolina: leans Trump
Virginia: leans Biden
Vermont: likely Biden
Melissa Quinn and David Jones
RNC moves "war room" to undisclosed location over concerns about possible civil unrest
The Republican National Committee has moved its election night "war room" from its downtown headquarters in Washington to an undisclosed location in the district over security concerns related to potential civil unrest, a Republican official told CBS News.
The city has been preparing for election night for days, with businesses boarding up storefronts and law enforcement readying their response to potential demonstrations.
Postal Service misses deadline to sweep facilities for ballots in key states
The U.S. Postal Service failed to meet a deadline set earlier in the day by a federal judge in Washington, D.C., to conduct a sweep of facilities in 12 postal districts for mail-in ballots to ensure none have been held up and any remaining ballots are immediately sent out for delivery.
The Justice Department told the court its daily review was set to occur from 4 p.m. ET to 8 p.m. ET on election night and the Postal Service was unable to move up the process to begin at 12:30 p.m. ET, as ordered by Judge Emmet Sullivan.
"Defendants were unable to accelerate the daily review process to run from 12:30 pm to 3:00 pm without significantly disrupting pre-existing activities on the day of the election, something which defendants did not understand the court to invite or require," the Justice Department said.
In a short order after the Justice Department issued its update, Sullivan said he is "inclined to let this process continue."
Sullivan added the Justice Department "shall be prepared to discuss the apparent lack of compliance" with his order at a status conference Wednesday.
When do polls close in each state?
More than 100 million Americans voted early as of Election Day. Despite the record number of early voters, tens of millions of voters headed to the polls on November 3.
Poll closing times vary by state. In some states with multiple time zones, polls can close first in the earlier time zones. If you are waiting in line when the polls close, stay in line, because you still have the right to vote. The American Civil Liberties Union has a full list of voting rights here.
The largest batch of poll closings come between 8 p.m. and 9 p.m. ET, when 32 states wind down voting.
Find the full list of poll closing times here.
2 Pennsylvania precincts to remain open an extra 45 minutes
Two precincts in Scranton, Pennsylvania, will stay open an additional 45 minutes, until 8:45 p.m. ET., on election night following an order from a Lackawanna County judge, the county announced.
The Democratic Party sought the 45-minute extension because polling machines at John F. Kennedy Elementary School were down between 8 a.m. and 9 a.m. Tuesday, Joseph D'Arienzo, county director of community affairs, said.
Early exit polls show voters focused on the economy and COVID-19
Early exit polls show that voters are focused on the coronavirus pandemic and the economy. A majority of voters nationally and in key battleground states say that addressing the pandemic takes precedence over the economy, but answers were divided along party lines.
Most Biden voters say containing the coronavirus is more important, even if it hurts the economy. But most Trump voters say rebuilding the economy should be more important, even if it hurts efforts to contain the virus.
From a list of five issues — the economy, the coronavirus, racial inequality, health care policy and crime and safety — Trump voters overwhelmingly say the economy is the top issue for them today, and there is no issue that comes close. Currently, just 5% of Trump backers pick the coronavirus as their top issue. For Biden voters, racial inequality and the coronavirus pandemic are the top issues on their minds.
More voters think the efforts to control the virus are going badly than say it's going well, and this is particularly true of Biden voters. More than half of voters say they have suffered some financial hardship because of the pandemic.
Early exit polling shows that roughly six in 10 voters are unhappy with the way the federal government is working, including a quarter who are angry. Biden voters are twice as likely as Trump voters to be feeling angry about the way things are working.
Nationally, each candidates' supporters say they are voting for their candidate rather than against their opponent. But there is more anti-Trump sentiment among Biden voters than anti-Biden sentiment among Trump voters. Biden voters are about twice as likely as Trump voters to say their vote is against their opponent.
Vermont's GOP governor says he voted for Biden
Phil Scott, Vermont's Republican governor, told reporters Tuesday that he cast his ballot for the Democratic nominee, according to Vermont newspaper Seven Days. He's the first GOP governor to publicly state he's supporting the candidate of the opposite party, although other prominent Republicans have said they wouldn't be voting for Mr. Trump.
"I put country over party," Scott said.
Biden says he's ready to wait for final results
Joe Biden told reporters in Delaware that overwhelming voter turnout leading up to, and on, Election Day has made him hopeful, but stopped short of predicting how election night will play out.
"The things that are happening bode well for the base that are supporting me," Biden said, noting high turnout of women, Black, and young voters.
The Biden campaign said the former vice president will watch the election returns tonight at his home in Delaware with his family.
Biden would not say he is confident of victory, instead pointing to states that show him leading or even with President Trump. He mentioned Florida, Ohio and notably Texas, saying, "You can't think of an election in the recent past where so many states are up for grabs."
CBS News polling has identified six "toss up" states, and seven more that are leaning toward one candidate, but could still swing either way. These "battleground states" — which include Florida, Texas and Ohio — are expected to determine the election.
Asked if he feels a responsibility to respond to President Trump if he declares victory while votes are still being counted, Biden said no, but noted that presidents don't have the power to determine what votes are counted.
"If there's something to talk about tonight I'll talk about," Biden said. "If not, then I'll wait 'til the votes are counted the next day."
North Carolina extends voting at four polling sites
Four polling locations in North Carolina will remain open past the state's official poll closing time of 7:30 p.m. ET, the state's Board of Elections voted Tuesday. The extension will delay the battleground state's reporting of election results by 45 minutes, to 8:15 p.m. ET.
Four polling sites in three different counties across the state experienced various issues Tuesday morning, forcing them to pause operations or open late.
"With 2,660 polling sites, it is not unusual for minor issues to occur at polling sites that result in a brief disruption of voting," the board of elections said in a press release. "The State Board routinely meets to discuss the extension of hours when the need arises."
Varying delays in Cabarrus, Guilford, and Sampson counties prompted the board to issue specific extensions for each polling place. Voting was extended by 17 minutes, to 7:47 p.m., at a location in Cabarrus County, while voting was extended by 34 minutes, to 8:04 p.m., at a site in Guilford County. Two precincts that opened late in Sampson County are extended 45 minutes to 8:15 p.m.
If you are waiting in line when the polls close, stay in line, because you still have the right to vote. The American Civil Liberties Union has a full list of voting rights here.
Follow North Carolina election results here.
Harris in Detroit says path to the White House "runs through Michigan"
During a stop in Detroit, Michigan, on Tuesday, Democratic vice presidential nominee Kamala Harris said that "the path to the White House... without a question runs through Michigan."
Harris said she made the Election Day stop to remind the people of Detroit that "they are seen and heard by Joe and me, and also that they may actually decide the outcome of this race."
Mr. Trump narrowly carried Michigan in 2016, becoming the first Republican to win there since George H.W. Bush in 1988. Biden will need to perform well in the state's predominantly Black areas if he is to win it back for the Democrats.
Black turnout in Michigan decreased for the first time in 20 years in 2016, according to the Pew Research Center. And the counties that include Flint and Detroit saw a significant drop in turnout, MLive reported.
Biden currently leads in the state by 8 points, with a 5.8 margin of error, according to CBS News' Battleground Tracker.
Asked about Biden's chances, Harris said in Detroit, "the day ain't over." Michigan is one of a handful of states that allows Election Day voter registration. Most of the state's polls close at 8 p.m. ET, while a few western counties close at 9 p.m. ET.
"Ask me after the polls close maybe I'll have a better idea," she said. "But right now I'm just here to remind people to vote because the election is still happening right now. It's not over."
Michigan is one of five states that are at increased risk for civilian militia activity this week, according to an independent report. Fellow battleground states Wisconsin, Pennsylvania and Georgia, as well as Oregon, were also found to be at risk.
Asked about the potential unrest, Harris said to "have faith in the American people." She added, "I do strongly believe that we — whoever you vote for, will defend the integrity of our democracy and a peaceful transfer of power and that there are certain lines that whoever you vote for that they just won't cross."
Follow Michigan election results here.
Trump getting election briefings throughout the day
Officials will be briefing Mr. Trump at the White House throughout the day on incoming election data. The campaign has set up a war room in the Eisenhower Executive Office Building.
A "lid" has been called at the White House until 4 p.m., meaning the president will not be seen before then.
Trump campaign communications director Tim Murtaugh told CBS News that the room came at "no expense" to the public and was approved by White House counsel.
"The war room needed to be in close proximity to the President and there is no expense whatsoever to American taxpayers for the use of a room in the EEOB, where events like prayer services and receptions for outside groups frequently occur," Murtaugh said in a statement. "Every piece of equipment, including WiFi and computers, was paid for by the campaign, and no White House staff is involved."
Trump stops by campaign headquarters, predicts "great night"
Mr. Trump made a stop Tuesday at his campaign's headquarters in Arlington, Virginia, predicting a "great night" for himself and Republicans.
The president claimed he's not thinking about an acceptance or concession speech yet.
"Winning is easy. Losing is never easy. Not for me it's not," he said.
Flanked by his top staff, Mr. Trump claimed his administration saved more than 2 million lives during the pandemic, and insisted his administration has done an excellent job combatting the virus that continues to spread across the country.
The president is expected to spend election night at the White House, along with friends and staff.
The states where you can register to vote on Election Day
There are 19 states, and the District of Columbia, where voters can register and vote all on Election Day. Six of those states are considered battleground states, meaning their results could determine which candidate secures enough votes in the all-important electoral college.
People applying to vote on Election Day will likely need to provide proof of identity and residency. If you cannot provide one, many states will allow you to cast a "provisional ballot," which will be counted once the right to vote has been verified.
Find the full list of states where you can still register here.
Federal judge orders Postal Service to sweep facilities for ballots
A federal judge in Washington, D.C., has ordered the Postal Service to sweep facilities for lingering ballots across the country, including in Philadelphia, where there have been concerns that ballots might not make it to election officials in time.
U.S. District Judge Emmet Sullivan ordered postal inspectors to look for any remaining ballots in 12 jurisdictions, including Arizona, South Florida, Detroit, Atlanta and Houston, and send them immediately to election offices.
The U.S. Supreme Court declined a GOP challenge to Pennsylvania's extension of the deadline for counting ballots to three days after Election Day, but the justices indicated they could revisit the matter after November 3.
Republicans in Pennsylvania ask court to block county from contacting voters about mail-in ballot mistakes
Republicans have asked a federal court in Pennsylvania's Eastern District to stop election officials in Montgomery County from contacting voters to correct deficiencies in their mail ballots.
The lawsuit, filed by a GOP congressional candidate and by the chair of the local Republican committee in neighboring Berks County, alleges that Montgomery County officials violated the state's election code by inspecting mail-in ballots for defects in declarations and missing secrecy envelopes, ahead of the start time for pre-canvassing activities.
The suit says doing so "results in the disparate treatment of voters in violation of the Equal Protection Clause of the Fourteenth Amendment." The complaint cites Bush v. Gore, the Supreme Court decision that decided the 2000 election, which found that "[h]aving once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person's vote over that of another."
The lawsuit also alleges that the county has not given poll watchers the kind of access to the counting of ballots that the law guarantees. It asks the court to stop the county from contacting "any elector whose mail-in ballot or absentee ballot contains perceived and actual defects and allowing the elector to change their ballot."
Kelly Cofrancisco, a county spokesperson, said the county's practices comply with the law and indicated the matter could be taken up in court imminently.
"We believe our process is sound and permissible under the Election Code," Cofrancisco said in a statement. "We understand that the Court may be scheduling a hearing on this matter for later this morning."
There are over 300,000 registered Democrats and 210,000 registered Republicans in Montgomery County, which voted for Hillary Clinton by a margin of 21 points in 2016.
Biden campaign outlines "multiple pathways" to 270 electoral votes
In a briefing with reporters, Biden campaign manager Jennifer O'Malley Dillon said the campaign believes it can still secure the 270 electoral votes needed without winning Pennsylvania, Florida, Ohio and Texas, which remain "tight races."
"We continue to have these multiple pathways to 270 electoral votes," she said.
O'Malley Dillon said the campaign believes it is leading by eight points in battleground states and by 10 points in midwestern states coming into Election Day, while Florida "is a coin toss."
The Biden campaign expects "very significant" overall turnout between 150 million and 160 million voters, O'Malley Dillon said.
"We are going to end tonight having left every single ounce on the field," she told reporters.
Biden is expected to address the American people some time Tuesday night, O'Malley Dillon said, adding he is "confident" but "keeping moving forward."
Bob Bauer, a Biden campaign adviser, said the campaign is "feeling very good about the way the election is running" and has seen "minimal issues and disruptions."
Bauer said ballot rejection rates are falling below expectations in battleground states. In Florida, for example, the rejection rate is 0.3% as of November 1, in Wisconsin it is 0.1% as of November 1 and in North Carolina, it is 0.6%, he said.
Bauer also dismissed lawsuits filed by Republican lawmakers and the Trump campaign that challenge voting policies, calling them "frivolous" and "designed to get attention."
"They're designed to generate the appearance of a cloud over the election," he said. "They're not, in fact, bonafide legal claims against voters."
While Bauer predicted there will be more lawsuits filed on Election Day, he said they are "doomed to failure" and unlikely to be viewed favorably by the courts.
Michigan attorney general warns of fake robocalls to Flint residents
Dana Nessel, the attorney general of Michigan, revealed on Twitter her office has received reports of robocalls going to residents of Flint telling them they should vote Wednesday, November 4, "due to long lines."
"Obviously this is FALSE and an effort to suppress the vote," she tweeted. "No long lines and today is the last day to vote. Don't believe the lies! Have your voice heard!"
Biden makes stops in Scranton, visiting childhood home
For his first campaign stop on Election Day, Biden visited a canvass kickoff at the Carpenters Local Union Hall 445. He was introduced by Pennsylvania Senator Bob Casey, a Democrat.
Speaking through a megaphone, Biden told supporters assembled "it's good to be home."
The former vice president also visited the home of Casey's mother, followed by his own childhood home in Scranton, and is set to make a stop in Philadelphia.
During the visit to his childhood home, where a woman named Anne Kearns now lives, Biden signed one of the living room walls, writing, "From this house to the White House with the grace of God."
Melania Trump votes in-person in Florida
First lady Melania Trump cast her ballot at the Morton and Barbara Mandel Recreation Center in Palm Beach, Florida, on Election Day.
Trump told reporters she was feeling "great."
While Mr. Trump voted early in-person in Palm Beach on October 24, the first lady, asked why she opted not to vote last month, said, "It's Election Day, so I wanted to come here to vote today for the election."
Pennsylvania voters head to the polls as race tightens in battleground state
Mr. Trump won the battleground state of Pennsylvania by less than 1% in 2016, and many experts say the president may need to win again in 2020 to secure a second term.
As Jericka Duncan reports, voters in the Keystone State are taking their voting responsibility seriously — one person who spoke to CBS News said they got in line at a Philadelphia voting center at 5:45 a.m.
Both campaigns are hoping for increased turnout from Pennsylvania's African American community. In 2016, Black voter turnout there for Hillary Clinton was nearly seven points lower than expected.
With a tightening race and just hours left in the tumultuous campaign cycle, the Trump campaign has been running ads in Pennsylvania and across the country trying to garner Black male support. The targeted advertisements point to Mr. Trump's criminal justice reform efforts.
Philadelphia-based Reverend Dr. Alyn Waller leads Enon Tabernacle Baptist Church, one of the city's largest Baptist congregations, and is hoping to focus attention on the other side.
"There's absolutely nothing wrong with me standing here and telling you what I'm hoping for," Waller said. "That is that Joe Biden will win this and that we will clean up our government."
Read more here.
Homeland Security officials reassure voters election infrastructure is "resilient"
With polls now open in many states, Acting Homeland Security Secretary Chad Wolf and Cybersecurity and Infrastructure Security Agency Director Chris Krebs said they are confident Americans' votes are secure.
"Our election infrastructure is resilient," Wolf said during a press briefing. "We have no indications that foreign actor has succeeded in compromising or affecting the actual votes cast in this election."
More than 105 million Americans have voted already, Krebs said, and they expect at least 150 million people will have cast ballots by the end of the day.
"I do have confidence that the vote is secure, the count is secure and the results will be secure," he said.
Krebs acknowledged there have been attempts by Iran and Russia to interfere in the election, but said those efforts were addressed "quickly, comprehensively and publicly."
"We're not out of the woods yet though," he said. "Today in some sense is halftime. There may be other events or activities or efforts to interfere and undermine confidence in the election."
Krebs said the department has already seen "early indications" of system disruptions, but stressed "there is resilience in the system"
"The vote will go on," he said.
Trump on Election Day: "We feel very good"
Calling into "Fox & Friends" for an interview, Mr. Trump projected optimism about his chances for a second term in the White House, saying "tremendous changes have taken place over the last week."
"I think we're going to do very well in North Carolina. I think we're going to do very well in Pennsylvania. We think we're doing very well everywhere," the president said, adding he believes he is ahead in Texas and Florida.
Mr. Trump said he will spend Election Day making a "big series of phone calls" to "some people that have been very important" over the years and will head to Arlington, Virginia, later this morning to visit the Republican National Committee office.
Asked when he will declare victory, the president said, "only when there's victory, there's no reason to play games."
"I think we have a very solid chance of winning," Mr. Trump said.
The president predicted this election, he will top the 304 electoral votes he received in 2016.
Biden attends church on morning of the election
Former Vice President Joe Biden and Jill Biden, joined by two of their granddaughters, attended mass at St. Joseph's on the Brandywine Roman Catholic Church in Wilmington, Delaware.
Biden also visited the gravesite of his late son, Beau Biden.
Nearly 100 million people voted early
More than 99.6 million people cast their ballots early this year, amounting to 72.3% of the total votes counted in the 2016 general election. Among those who cast their ballots earlier, 21,933,227 are Democrats and 14,888,110 are Republicans.
Four states have surpassed their 2016 overall turnout: Hawaii, Texas, Montana and Washington.
Eight states have hit more than 90% of their 2016 overall turnout: Arizona, Colorado, Florida, Georgia, Nevada, New Mexico, North Carolina and Oregon.
Of thoses who voted early, 35,720,830 cast their ballots in-person. A total of 63,936,249 mail-in ballots have been returned, while 28,212,749 are outstanding.
Biden sweeps all 5 votes in tiny Dixville Notch
All five voters in the tiny New Hampshire town of Dixville Notch, which is the first town to vote in the country, cast their ballots for Joe Biden. The vote was held at the stroke of midnight.
Les Otten, who said he was a lifelong Republican, cast the first ballot for Biden. "I don't agree with him on a lot of issues, but I believe it's time to find what unites us, not what divides us," he said in a video posted to Dixville Vote's Twitter feed.
"My vote today is meant to send a message to my fellow Republicans that our party can find its way back," he said. "It's time to return to the values that our conservative government holds dear."
Harris County clerk says only 1 drive-thru location will be open Tuesday
Hours after a federal judge dismissed a bid by Republicans to throw out ballots from drive-thru polling locations in Harris County, Texas, Clerk Chris Hollins announced that nine of the county's 10 drive-thru polling locations would be closed Tuesday, the final day of voting for this year's election.
Hollins wrote in a series of tweets that Hanen's order left the door open for challenges to votes cast Tuesday at all but one drive-thru location. Hanen wrote Tuesday that Texas election law allows for "movable structures" as early voting locations — which he said the tents used to how drive-thru ballot boxes qualify as — but not for election day locations.
"In order to allow for drive-thru voting on Election Day while ensuring that all votes will be counted, the only drive-thru voting center on Election Day will be at Toyota Center," Hollins tweeted Tuesday night, referring to the arena home of the NBA's Houston Rockets.
"I know that drive-thru voting is a safe and convenient option for Harris County voters, but we also have 800 walk-in voting centers available for Election Day that we have worked tirelessly to make safe for voters and election workers," Hollins said.
Harris County's drive-thru sites are all located near to in-person voting locations.