Judge rejects GOP effort to throw out 127K Texas votes

More than 96 million people have cast their ballots -- an early voting record.

Last Updated: November 3, 2020, 12:09 PM EST

On the eve of Election Day, President Donald Trump and former Vice President Joe Biden had only hours left to make their closing arguments to voters in a contest both are calling the most important of their lifetime.

With more than 95 million Americans having already cast their ballots -- an early voting record -- time was running out for Trump and Biden to sway uncommitted voters.

Trump had five rallies in four states -- North Carolina, Pennsylvania, Michigan, and Wisconsin -- as both candidates planned to barnstorm the states they deemed critical in a final full day of campaigning overshadowed by coronavirus cases rising in nearly every election battleground.

Biden went to Ohio and Pennsylvania, closing out the day at a drive-in rally with Lady Gaga in Pittsburgh. His running mate, California Sen. Kamala Harris, is also campaigning in Pennsylvania and finishedd her day at a drive-in rally with John Legend in Philadelphia. Their ticket's top surrogate, former President Barack Obama, campaigned in Georgia and Florida.

Vice President Mike Pence had a pair of rallies in Pennsylvania -- a state Trump won by one point in 2016 and one where a Democratic win this time would leave him with an exceedingly narrow path to victory -- before joining Trump on the trail in Michigan.

Nov 02, 2020, 4:39 PM EST

Harris: Pa. will determine election; Pence: GOP 'road to victory' goes through the state 

Sen. Kamala Harris participated in two get-out-the-vote events in Pennsylvania this afternoon, a canvass launch in Luzerne County and a drive-in rally focused on Latino voters in Lehigh Valley, as Democrats pour their efforts into the state Trump narrowly won in 2016 in their final full day of campaigning. 

In Luzerne County, Harris spoke to a crowd of 76 people about the importance of Pennsylvania to their path and told supporters there that Pennsylvania will determine the outcome of the election.  

"That's why we're all here and keep coming back -- because we care about Pennsylvania and because Pennsylvania's gonna determine the outcome of this election," Harris said. 

Democratic vice presidential nominee Senator Kamala Harris speaks to vote canvassers during a bus tour in Pennsylvania the day before Election Day in Pittston, Nov. 2, 2020.
Jonathan Ernst/Reuters

Without mentioning Trump by name, Harris also hinted at the president's threats of legal action following the election, describing them as efforts to suppress the vote and intimidate voters.

"We know that there are a lot of folks around the country, including you know who, who have been trying to openly suppress the right to vote, to intimidate, to make it difficult, to make it confusing," she said, telling supporters it's all the more reason to make sure their ballot is cast and counted. 

Vice President Mike Pence at an afternoon rally in Erie shared the senator's sentiment on the importance of Pennsylvania, telling his crowd of supporters that "the road to victory goes right through the Keystone state."

-ABC News' Averi Harper and Justin Gomez

Nov 02, 2020, 4:24 PM EST

Biden pushes 'Scranton vs. Park Avenue' message in Western Pennsylvania 

The former vice president, at his first of three events barnstorming Pennsylvania, shared his belief that "what happens tomorrow is going to determine what this country looks like for a couple of generations" and hammered home his "Scranton vs. Park Avenue messaging" for the union crowd.

"I've never forgotten growing up in a hardworking family in Scranton," Biden began. "The lesson that Donald Trump has never learned because he can only see the world from Park Avenue. He can't see what families like yours and mine have gone through. So he refuses to do the work to get this virus under control."

Democratic presidential candidate former Vice President Joe Biden speaks at a rally at Community College of Beaver County, Nov. 2, 2020, in Monaca, Pa.
Andrew Harnik/AP

Biden ticked through his promises to reward work not wealth, and once again hit back at Trump on fossil fuels, saying he "never" said he would ban fracking.

"And by the way, no matter how many times Trump tries to lie about it. I will not ban fracking, never said I would. But I'm going to end Trump's incentives to send jobs overseas," Biden said. 

Biden also punched up his attack on Trump reportedly calling military service members "suckers" and "losers," according to reporting in The Atlantic, saying that it is Trump who is the loser. 

"The way he talked about our veterans being losers -- losers. What's this guy all about?  Who is he? He doesn't understand what's going on," Biden said, raising the service of his late son Beau, who was awarded a Bronze Star.

"He came home and he died of cancer but he came home and guess what? And guess what? He was no loser. Trump's a loser."

After he finished his remarks, Biden played the part of proud grandfather, bringing four of his grandchildren traveling with him on stage and adding, "They're proud to be here with you. I've been bragging about Pennsylvania."

-ABC News' Molly Nagle

Nov 02, 2020, 4:02 PM EST

Trump extends invites to nearly 400 for White House election night event

As coronavirus cases rise across the country on the eve of Election Day, President Trump has invited about 400 people including family, White House staff, campaign aides and top supporters to the White House on election night, sources tell ABC News.  

As of now the event is planned to be indoors, sources said.  

Helicopter passes over the White House, seen behind a fence and protest posters, the day before the presidential election in Washington, D.C., Nov. 2, 2020.
Erin Scott/Reuters

The original election night plan for Trump was to be at his hotel on Pennsylvania Avenue, but after the District threatened take action if there was a mass gathering -- as coronavirus precautions in place currently restrict crowd sizes -- Trump aides made the move down to the White House.  

The president himself has speculated he could still pop by the hotel to visit other supporters.

-ABC News' John Santucci, Katherine Faulders and Will Steakin

Nov 02, 2020, 3:36 PM EST

Federal judge rejects GOP effort to throw out 127K 'drive-thru' votes in Texas

Federal District Judge Andrew Hanen has rejected a Republican effort to invalidate roughly 127,000 drive thru votes cast in Harris County, Texas, saying he believes the plaintiffs who brought the case did not have standing to sue -- a major victory to Democrats and blow to Republicans. 

The elections office of Harris County, the most populous county in the state which includes Houston and the surrounding area, argued it got state approval for the voting process back in June amid safety concerns with voting in a pandemic. Republicans, unsuccessfully, argued the Harris County clerk was acting on his own by implementing the practice.

The 127,000 drive-thru votes account for roughly 10% of the total early vote turnout in Harris County, and the ruling ensures the votes will be counted. 

Judge Hanen didn't give strong indications during questioning which way he was leaning. While he began the hearing telling the Republican plaintiffs that they have a steep uphill battle to persuade him to invalidate the ballots, he also pressed the counsel for the Harris County clerk to answer what the county would do in if he did rule drive-thru voting is illegal and what that would mean for their plans to continue offering drive-thru voting on Election Day. 

-ABC News’ Alexander Mallin

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