Lead. He leads 51 of the vote. You see donald trump here with 47 of the how many votes have been counted that is a key of course right here, 84 as i get turned around, but you still have quite a few votes to count in arizona and those 11 Electoral College votes at stake. That is the state that the Trump Campaign is hopeful that it can flip essentially from what the a p called as a biden state to make it a trump state and then if they can get arizona and they can turn these from pink to red meaning there trump states theres a path team trump is still hopeful, obviously the pennsylvania ends up in its favor been a lot of votes that are still outstanding mail in ballots in pennsylvania and georgia that have yet to be counted again getting some votes tonight some vote updates in arizona and georgia so that should go a long way towards determining what the outcome of this could be but with 264 electoral votes, joe biden if he just got nevada and the 6 Electoral College votes nevada has that would put him at the magic number of 2. 70 and that would give him the victory here so well keep tracking the numbers and the polls and are not the polls. The results. Thank god were done with poles who but its certainly its going to be a drama filled night is as these 2 big states georgia. An arizona released some new numbers right grant. Thank you you bet. Tonight the Trump Campaign says it has filed lawsuits in the swing states of pennsylvania and michigan and now. Georgia suits in all 3 states are demanding better access for campaign observers to locations where ballots are being processed and counted and seeking a pause the vote count. The campaign also says it will ask for a recount in wisconsin, a state the Associated Press called for biden earlier this afternoon. The Trump Campaign is also seeking intervene in a pennsylvania case at the Supreme Court dealing with whether ballots received up to 3 days after the election can be counted a lot to consider joining us now via zoom as you say hastings law professor rory little thank you for being with us tonight well you heard all of the states the Trump Campaign that either asking for recounts or considering filing a lawsuit. How does this go from here what is required in order to make these kinds of challenges against voting. In these losses really do not look like they have a lot of substance so for example, theres no right to have meaningful access for poll watchers. If there is its a state law question not a federal question. This is not like bush versus gore where we were into the middle of december and there was a deadline coming up in the recount still going youre counting was still going. So it and biden it looks like well win without pennsylvania, so the pennsylvania lawsuit may become irrelevant. It will take time for these losses to be resolved. And it will cost money and donald trump will make us pay for a fair and accurate election. But there really isnt a lot of substance to these losses at least not that i see professor whats the chain of command in this thing so theyre federal suits do they go to a federal court in the districts. Where the ballots are being counted and then try to maybe work their way up toward the Supreme Court. Can the suits just where can the courts themselves just. Rejects the suit at its on his face value and say theres nothing to this. What i guess i mean so for example we saw this in texas last week earlier this week right with the Harris County judge a republican appointee dismissed a lawsuit after just a couple hours of hearing saying you know you just on the basis for this so first there probably got to go to state court. They cant just go to federal court listed got Constitutional Rights a federal right. And right now theres no federal question in these cases, the pennsylvania case they argue that this Pennsylvania StateSupreme Court is not part of the legislative process, but thats really question for pennsylvania. Thats not a question for federal courts. So so there is a series of steps theyve got to get through they cant just go straight to the Supreme Court. In and asked the Supreme Court to do something and i dont think the justices of the Supreme Court are going to just do something based on politics they have life tenure, they their experience people in and they have now use and i think theyll make. Trump argument. Jump set of hurdles. I just want to get to any substantive ruling professor last night the president was claiming victory in states where he had not claim victory with the cook county was still going on as you know hes been. Making claims of fraud without showing any proof. Do the courts and judges today frown on this behavior do they not react do they take that into consideration when theyre making a decision on whether to move forward on someones case or does it not play at all. No no i think youre absolutely right. I think they did not that plate there. The judges are human beings, right and they are watching the and theyre listening to whats going and when the case comes to them theyre going to say ok i hear youre youre unhappy. This. What is your evidence for this what is your legal basis for this what is the precedent that you are relying and if you dont have those things you just cant go forward and happiness is not a basis for a sore losing is not a basis for a lawsuit you got to have some substance so they are affected by this things just like you are you and i would be that doesnt mean theyre going to close their eyes to legal violations if they see them. But theyve got to be proven basically in and so far we havent seen any proof about this on happiness. If unhappiness was the basis of the lawsuit. The course would be jammed and nothing would get done. Were a little we appreciate your input on this subject, thank you so much. Making. All right were going to shift gears a little bit and talk some sports some bad news actually for football fans tonight the San Francisco 49 er has tested positive for covid19 the fortyniners confirms the positive test saying the player is now in self quarantine as far as we know thursdays game tomorrow nights game with Green Bay Packers is still a go. But there are questions related to the fact that levi stadium served as a Voting Center in the election yesterday and kron fours rob fladeboe has more on the story now hes in santa thats right pam levi stadium as you can see all quiet tonight lockdown in fact that it played significant role in the election yesterday a day before the 49 ers announced that they had a player testing positive for the coronavirus people were voting here at levi stadium in person, lets take a closer look. As an immediate result of word that a player tested positive for the coronavirus. The fortyniners close the facility early wednesday for the first time this season. Levi stadium sealed off the 49 ers as seen here during a recent practice next door to the stadium are scheduled to host the Green Bay Packers for an evening game on thursday. The fortyniners said the player immediately went into self quarantine and that the organization has since entered the nfls intensive protocols for Contact Tracing. Levis stadium served as a vote center on tuesday, however, where dozens of people cast their ballots in person. Voters and poll workers were separated by plexiglass masks were required in all voting booths in Common Services were regularly sanitized. The voters we spoke with felt comfortable with the precautions. Fans have not been allowed to attend games this year and other events have been canceled even though the state cleared the way for a limited attendance Santa Clara County continues to enforce the no fan rule until further notice in a statement the fortyniners said the health and safety of its players are the organizations top priority. Now the county Health Department declined to comment on whether any of the poll workers voters could possibly have been exposed to the virus. Department also declining to weigh in on the status of tomorrows game which for now appears to be on live in santa clara rob fladeboe kron 4 news right rob. Thank you well as they said the 14 and are slated to play the packers tomorrow night at the stadium and right now the game is still was some people wish it wasnt wide receiver Kendrick Bourne hes tested positive covid19 the challenge is now even greater for San Francisco. Kron 4 Sports Reporter kate rooney is here to explain the walking wounded on the team, yeah,rthere are lot of injuries and now you have this covid19 diagnosis is just kind of a mess Kendrick Bourne actually figure to play a pretty big role in tomorrows game in fact his absence means there wont be a Single Player on the 49 ers offense. Who actually handled the ball when these 2 teams last met in the nfc championship game board is the teams thirdleading receiver with 25 catches 352 yards and a touchdown on the year so now the 49 ers are down to just 2 Wide Receivers on the 53 man roster that slot man trent taylor and richie james. Who himself is questionable with an ankle injury so well no doubt see someone promoted from the practice squad probably a lot of tight end sets and then of course. Kyle shanahan likes to throw to his running back so we could see some guys like Jerick Mckinnon and kyle use check. Get a little more heavily involved in the passing game. Now the most important thing of course is the way the team is addressing the positive tests they released this Statement Today all other players and staffers tested negative as of this afternoon, but after Contact Tracing with born 3 other players were determined to have close contact with him. They were added to the reserve covid19 list thats Deebo Samuel Brandon Aiyuk and Trent Williams samuels already out with a hamstring injury but now and williams will miss the game as well just a very big blow for the fortyniners. All right kate, thank you very much coming up. Easing drug laws in oregon, how the state is tackling addiction for the first of its of course your local election headquarters in oregon has now become the first state to decriminalize small amounts of certain drugs including heroin cocaine. Lsd and methamphetamine the states new Drug Initiative will allow people arrested for possessing small quantities of hard drugs to avoid jail time by paying a 100 fine and going to an Addiction Recovery program, oregon, voters also approved a measure allowing for psychedelic mushrooms to be used in therapy and 5 more states legalized either recreational or medical marijuana in yesterdays election. Meaning adults 21 and up can now possess pot for personal use. Voters in new jersey arizona, south dakota and montana approved measures legalizing Recreational Marijuana and medical marijuana won approval in mississippi. Still ahead can pre election polls be trusted why one political expert says they are no continuing talking point this election may be more than any in a long time because of what happened last year. How did the pollsters get things so wrong boy did they ever Catherine Heenan host of inside bay area politics talked to a Research Fellow at. The Hoover Institution catherine yes did they ever is it is right and posters apparently they didnt learn a lot after the 2016 election masks when they. Confidently predicted Hillary Clinton as the winner. I asked an expert of political polling has any credibility at this point. Political polling is not dead, but it needs to be revisited and revised and to a changing electorate. 2020 is not the first time of the polls have been off the polls were often 2016. The polls are even off in 2012 when both parties were underrepresented its time for the industry to sit down figure out what its getting another lot of series as to whats wrong here with polling. The easiest thing to say is that the problem is this fellow this phone. Historically posters have called people on landlines caught them in the evenings dinner time and to impose that way but people are ditching their landlines and theyre going mobile so they have to figure how to track down people in mobile phones which is complicated but the tricky factor here is Donald J Trump and the question is why the trump voters get under sampled in polls. Why theyve been missing from polls the last 2 cycles this is something is going be political scientist occupied pretty well until the next election. Well he says the skip speck in part on the way to the concept of the socalled shy trump supporter they dont want to talk to pollsters. Well and also Thanks NationalNews Organization should rely less on polls and more on actually getting back into the field and talking to voters havent can boy that sounds pretty interesting catherine. Thank you another big story. Were following tonight. The state Health Department provided an update on the spread of covid19 in california Officials Say although positivity rates and cases are on the rise in some counties overall the numbers in california are stable and low compared to the rest of the country some Bay Area Health officials are. Considering whether to recommend a 2 week quarantine for any out of state visitors today doctor mark ghaly was asked if such a measure could be implemented across california. Really looking forward to see how the bay area counties come together on this to see if theres something thats of put the that should be considered in other regions or statewide. With the holidays around the corner doctor mark galli says state leaders are working on new covid19 guidelines but did not say when those with the release. In the east bay, a sharp rise in covid19 cases in Contra Costa County has prompted the public Health Department to impose restrictions on indoor activity kron fours phillipe djegal explains when the amended health order goes into effect. Tailing back to get back on track to seeing this increase in cases 400,000 is disconcerting Candice Anderson is chair of the Contra Costa County board of supervisors. She agrees with the Public Health officers decision wednesday to restrict recently expanded indoor activities as a preemptive measure to slow the spread of Novel Coronavirus once we made it to that that rate orange here that we were all so excited about were finding that our case count is rising since the county moved from the red tier into the orange tier of the states blueprint for a safer economy during the covid19 pandemic last week covid19 hospitalizations and infection rates are up making it likely the county will revert back to the red tier if the cases continue to climb all of the science is showing that youre more likely to acquire infection if youre indoors and youre having the droplets exchange spread upon you on election day 40 people were hospitalized because of the virus compared to 17 in midoctober. Overall the most recent data shows an infection rate of 4. 9 cases per 100,000 people in the county. Thats above the orange tier benchmark of less than 4 cases per 100,000 people under the amended local health order outdoor bears are now prohibited unless the drinks are served with feed Indoor Dining that had been allowed to be up to or you know 200 people is now going back to 25 of the restaurant or 100 people into movie theaters that were operating at 50 occupancy have to go back to a 25 occupancy or 100 people religious services is another one where we were allowing up to 50 or 200 people thats got to go back to the 25 or 100 people these restrictions will go into effect friday. In Contra Costa County phillipe djegal all kron 4 news coming up next what do you do with the political yard signs after the election. Well well tell you how to properly recycle this election cycle wraps up you may be wondering what happens to all of those political yard signs. Youve seen them all of your neighborhood weve all seen them and they are typically made from a combination of several different materials such as paper plastic and metal, so its not quite as simple as just tossing them into your recycling bin at home. Theyre not recycled they end up in the landfill that these are even dispose i seriously doubt by take million years. If you have a cardboard sign that is not laminated while those can be recycled at your house, but it has a plastic bag type sign. Those can also be recycled at most grocery stores. So there you go. Next on kron 4 news at 6 were closely monitoring the race for the white house as votes are still being counted in 4 battleground states this hour, well have the latest results plus we are following the results of several big propositions in california, one of them of