then got on top of him and started punching and then yelling at him. >> reporter: so legally speaking, this is obviously pretty ugly for gianforte, the jacobs audio says one thing, the independence witnesses and his statement saying something all together. last night he was cited for misdemeanor assault. he has to come back to court for that at some point. whether or not he wins or loses today, politically that is the big question. he was leading in most of the polls by margins from 2 to 8 points depending on who you ask coming into today. lot of folks in montana vote early but today this is the top story in every newspaper, it's the top story on local tv. dems are buying ads on facebook to try to make sure this news and that audiotape gets in front of as many montana voters as possible as people head out into the rain and snow today to cast their votes in this special election. chris? >> all right, garrett, thank you so much for that.