group in the middle. governor walker says the bill was necessary to balance the budget. opponents called it union busting and organized huge protests at the state capitol. democratic lawmakers even the left the state to try to keep republicans from passing that bill. they passed it anyway. governor walker signed it into law more than a year ago. the recall effort began. only two other u.s. governors have ever faced recall votes. each lost. the outcome tonight is still very much up in the air. let's get to team fox coverage now. james rosen with more on the exit polls for us. first to mike tobin is live for us in milwaukee. tell us what you are hearing from voters. >> well, we're seeing a pretty strong turnout. the numbers we are getting from the city of madison anyway that liberal strong hold says 48% of that population had turned out as of 4:00. we are also hearing reports that in the conservative hub of waukesha they are seeing a very strong turnout. here in milwaukee, we're seeing good numbers of voters coming and going. the numbers increased right about quitting time. by and large what we are hearing from the voters. you see hear some partisan arguments one way or the other. you are hearing people say they are ready to put this behind them. >> very important if nothing else to put this diversion interstate politics to rest. >> now, by and large, these people for a year and a half have been subject to all the bitter politicking. the tv ads. the robo calls. people knocking on their doors. neighbors who can't talk to neighbors. you bet they are ready to put this behind them, shep. >> shepard: i'm sure they're. in the end president obama never made it to wisconsin. what's the thinking on how big a deal that is? >> well, we heard from governor walker on that subject. and he said he believes that's because the white house is a little timid, thinking if they weighed in on this and lost it would reflect poorly on them in november. now the president did weigh n the form of a twitter message in support of mayor barrett. overall it said that mayor barrett would make a good governor. i asked mayor barrett if he was disappointed that the president never showed up here. he said he was in the disappointed he was please with the support he got from former president clinton and the grass roots effort, shep. >> shepard: mike tobin in milwaukee tonight. as reported, we have a number of exit polls. give us an idea of some things. better picture how people are voting. random locations across the state of wisconsin. the pollsters don't tell journalists where the data originates. that said, james rosen live in d.c. with the results as we have them. hey, james. >> shep, good evening, as you noted a little under two hours to go before the polls close in wisconsin. we don't want to influence the outcome of the balloting that is, after all, still underway. however, we can tell you that the fox news exit polls show voters in wisconsin harboring strong views about the candidates, about collective bargaining and the other issues at stake in this election. from those who identify themselves as supporters of the tea party, the group that comprises 37% of the electorate in wisconsin. governor walker was crushing his opponent with support. democratic mayor tom barrett of milwaukee 91% to 9% in favor of governor walker. men who helped vault the governor to rick i have over mayor barrett 57% to 42% last time around they are with the governor again. 57% to 42%. that's one of the features in the polling data. many categories including union voting behavior is how unchanged the levels of support are now, what about mayor barrett's strengths? of those calling themselves moderates and bear in mind these folks make up nearly half of the electorate in wisconsin. 47%. they went for mayor barrett big way 57%, to 42%. slightly improved showing for the mayor over his performance back in 2010. finally, let's look at young voters. among those voters between the adgesz of 18 and 29. a group that comprises 13% of the electorate in badger state they went solidly for mayor barrett 55% to 44%. interestingly if you break down that age just a bit further. walker did better with those aged 18 to 24 than he did with those age 24 to 29. he loses 8 polls when you go it those final four years before the age of 30. we caution you once again the polls are still open in wisconsin. will be for another 90 plus minutes or so. this election bears watching throughout the night. shep? >> shepard: and we'll. certainly more exit polls as they come in. james, thanks. watching for elections as well. including a couple causing a split between president obama and former president clinton. because of redistricting house democrats are competing for the same seat. take new jersey, for instance, president obama is supporting the congressman there steve rothman. returning the favor from 2008. he supported president obama then. and former president bill clinton is backing bill pascrell who endorsed hillary clinton in 2008. behrman former president clinton going with brad sherman. right now voters in california with deciding whether to hike the price of a pack of cigarettes by one dollar. that's on top of the 87 cents they already pay there champion cyclist and cancer survivor lance armstrong is the driving force at least publicly behind this initiative. he and other supporters say the extra dollar would raise more than $700 million a year for the state. arched three quarters of that would go to cancer research. critics, including tobacco companies say the new tax would hurt the state's economy. even if the measure does pass, california would have only the 16th highest tobacco tax in the nation. california's battle over gay marriage is now heading to the nation's top court. you'll see what that could mean. not only for california but really for the entire nation. plus, new reports of evidence in the abuse trial of the former penn state assistant coach jerry sandusky. including love letters. that he has said to have written to at least one of his victims. it's an abc news exclusive and we'll pass it along to you from the journalists of fox news on this tuesday fox report. this country was built by working people. the economy needs manufacturing. machines, tools, people making stuff. companies have to invest in making things. infrastructure, construction, production. we need it now more than ever. chevron's putting more than $8 billion dollars back in the u.s. economy this year. in pipes, cement, steel, jobs, energy. we need to get the wheels turning. i'm proud of that. making real things... for real. ...that make a real difference. ♪ but when i was diagnosed with prostate cancer... i needed a coach. our doctor was great, but with so many tough decisions i felt lost. unitedhealthcare offered us a specially trained rn who helped us weigh and understand all our options. for me cancer was as scary as a fastball is to some of these kids. but my coach had hit that pih before. we're 78,000 people looking out for 70 million americans. that's health in numbers. unitedhealthcare. not in this economy. we also have zero free time, and my dad moving in. so we went to fidelity. we looked at our family's goals and some ways to help us get there. they helped me fix my economy, the one in my house. now they're managing my investments for me. and with fidelity, getting back on track was easier than i thought. call or come in today to take control of your personal economy. get one-on-one help from america's retirement leader. >> shepard: the former penn state university assistant football coach accused of sexually abusing 10 boys reportedly wrote creepy love letters to at least one of his alleged victims. that's according to the reporting tonight of abc. "world news tonight" we learned jury selection began today in the trial of jerry sandusky. according to the abc news report from brian avala a new 28-year-old man known as victim number 4 will testify that jerry sandusky wrote him i want mat letters and gave him gifts. one letter is reportedly about a love story between a man and a boy. as you will recall coach sandusky is accused of molesting the boys over 15 year period. he has pleaded not guilty to 52 counts of abuse. ended the career of joe paterno. school officials fired him for a failure of leadership and he has sense -- since died. the showdown over same sex marriage headed to the supreme court. ninth circuit of appeals refused to consider the ban on gay marriage. t already ruled the law as unconstitutional. supporters of the ban will appeal to the nation's highest court. the california case is the first of at least six federal challenges on same sex marriage. and it's the first that is on track to go to the supreme court. despite the appeals court ruling, california's ban will stay in place while the legal battle plays out. as of right now eight states and the district of colombia have passed legislation that allows same sex marriage. 39 states have laws or amendments that outlaw marriages between anything other than a man and a woman. now if the supreme court agrees to take a case, it could decide this controversial issue once and for all. for details let's turn to greg jarrett. where does this stand right now, greg? >> it's interesting, shep. because there is no guarantee, actually, the supreme court will even take the case. but it does present a serious constitutional conflict over equal protection and discrimination so when you think of it a chances of a high court ruling are pretty high. today three judgment on the court of appeals scathing dissent accusing the judges overruling the will of 7 million who rejected same sex marriage. the judges also seemed to blame president obama for ginning up the debate. the president ignited media firestorm to by announcing he supports same sex marriage as a policy matter. that prompted two judges in the majority to issue their own legal smack down quote we are puzzled by dissenting colleague's unusual reliance on the president's views on the constitution especially as the president did not discuss the narrow issue that we decided in our opinion. shep, if the supremes do not take the case in the next 90 days, same sex marriage will be legal in california and all the other states covered within the ninth circuit. i was just looking at the list. there are 8 states. shep? >> shepard: what if the supreme court does take the case, greg? >> well, it's likely that it will settle the issue once and for all, shep it could be a very close vote. >> it depends on how they rule. if they affirm the ninth circuit. same sex marriage is lawful in every state in the united states of america. if they reverse we are back to each individual state making a decision. >> judge napolitano seems to think the supreme court will rule in the end in favor of same sex marriage albeit narrowly. just have to wait and see, shep? >> shepard: greg jarrett in new york. thanks. just released 911 call is providing details of a death threat against george zimmerman's attorney. you remember he is the neighborhood watchman in central florida who admits that he did shoot and kill the unarmed teenager trayvon martin. is he charged with murder in the second degree. his attorney has reported receiving death threats in the past. one of them last month had the lawyer calling the cops. >> this was a more threatening phone call i just want to have it documented. i don't know if they can do any forensics on where the phone call came from through my office. but it is disconcerting. >> okay. what was said in the phone call? >> [bleep] you. you are going to die and things like that. >> okay. right now, george zimmerman is in jail. a judge last week revoked his bond when prosecutors said he mislead the court about having no money. his attorney today delayed the request for a new bond hearing and the attorney says zimmerman will stay in jail until that hearing, which may not happen for several weeks. the happiest place on earth is about to get healthier. or more healthful. that from the folks at disney today. they announced a ban on advertisements for junk food. this ban applies to all of the company's tv channels and radio stations and web sites. all of them aimed at kids. among other things it, means no more sugary cereal ads saturday morning car tunes on disney owned abc. under these guidelines the company cannot advertise a meal with more than 600 calories. there is also a 200-calorie limit for side items. the new rules will not take effect until the year 2015 because of existing ad agreements. the company is also moving to offer healthier foods or more healthful food at theme parks. secret united states plane is about to come back to earth. what has it been doing or not for the last year or so? plus a look at giant experimental drone flying for the very first time. did you see venus crossing the sun today? we will show that you event that will not happen again for more than a century. tiny little venus. coming up. mine was earned off vietnam in 1968. over the south pacific in 1943. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because offers a superior level of protection, and because usaa's commitment to serve the military, veterans and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. every communications provider is different but centurylink is committed to being a different kind of communications company. ♪ we link people and fortune 500 companies nationwide and around the world. and we will continue to free you to do more and focus on what matters. and then treats day after day... well, shoot, that's like checking on your burgers after they're burnt! 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[ male announcer ] one pill a day. 24 hours. zero heartburn. >> we have killed another terrorist and the white house is calling it a serious blow to al qaeda. a u.s. official tells fox news the u.s. droned the terror network's number two leaders yesterday in pakistan. we reported on this last night but couldn't confirm his death until today. the white house says he was an al qaeda general manager. he became the second in command, we're told, when ayman al zawahiri took over the top spot after the death of usama bin laden. >> al libby's death is a major blow to core al qaeda removing the number two leader for the second time in less than a year and further damaging the group's morale and collusion and bringing it closer to ultimate demise than ever before. >> shepard: the white house says there is no clear successor to become number two. new kind of spy drone capable of lingering above a target for days on end. it's called the phantom eye. boeing tested a prototype a few days ago in california. there were a few minor problems they tell us, the landing gear broke. we're told once all of that is fully operational, the phantom will cruise at an altitude of 65,000 feet and because it uses hydrogen power will be able to fly without refueling for four days. that's three times longer than the current batch of reconnaissance drones. trace gallagher is following this from our west coast news hub this afternoon. you this new drone pretty impressive, trace. >> certainly big enough, shep. this thing has a wing span of 150 feet bigger than a 757. and it's kind of slow. top speed of 150 miles per hour. but the fact that t can linger at 65,000 feet makes it, one, very difficult to see and, two, very effective. and, unlike most drones that have to be kind of controlled remotely by pilots on the ground, the phantom eye is controlled almost exclusively by an on board computer but still it remains flexible. listen. >> these things are easily preprogrammable to go after other targets, other missions. and so you have the benefit of no man in the loop. you don't have to worry about someone having to eat, sleep, or do other things. and you are not risking a man. you are not jeopardizing someone's life by getting critical intelligence. >> by the way, boeing is building this thing on its own looking for a buyer. so far no government contract but if it works, they will likely get plenty. shep? >> shepard: then there is another secretive u.s. space craft that is supposed to land sometime soon, right? >> yes. supposed to land sometime in the next couple of weeks. this thing was only supposed to be orbiting the earth for 278 days. now it's been up there for some 458. it's called the x 37 b space craft it looks a lot like the space shuttle. it's about 29 feet. it's solar powered. the air force will only say it's been orbiting the earth. kind of testing new technologies to see how long it could last up there. experts say it's more likely been doing things like disabling enemy satellites. or possibly spying in countries like iraq, iran, north korea, and afghanistan. this thing lands this month, they're going to get it ready and re-launch it again in october for another several go arounds. shep? >> shepard: all right, trace. thank you. if you can safely catch a glimpse of the sun before it sets tonight, you are in the right part of the country. you might notice a small black dot over the surface. it's actually a planet. a very small venus though it's regular sized venus looks small against the sun. it's traveling in between the sun and the earth. there is a look at the sun. you can see the dot there on the right-hand side of the screen. we have circled with the white thing. nasa is using a filter on its camera which explains the odd colors. the sun has not changed colors. of course you should use a filter if you plan it to look at the sun. the plan mets move around the sun at different speeds and venus will sometimes get in the way but not very often. the earth and venus won't have another encounter like this for another century. can't see in the east coast. it's best in phoenix and over in california. out there it should be a great view but don't look directly. that might hurt. a newly uncovered report from the night of president abraham's lincoln's assassination. it shows the first doctor on the scene ordered that somebody bring the president brandy and water. lincoln was paralyzed with a gunshot wound to the head. john wilkes shot him in 18656789 medicine then is not what it is today. researches found the report in a box at the national archive. nobody opened that box they tell us in 147 years. that doctor also reported he saw booth leap to the theater stage holding a dagger and thought at first the assassin had stabbed lincoln. there is word turnout for today's wisconsin recall election could hit presidential levels or higher. and lots of outside groups have spent a ton of money trying to win over all those voters. coming up, what it all means or might mean for november. and, better make sure your pets buckle up. next time you hit the road or it could cost you big time. that's right. seat belts for kitty cat and pooch. what will they think of next? thank you, government. we're approaching the bottom of the hour and the top of the news from your good friends at fox. until i got a job in the big apple. adjusting to city life was hard for me. and becoming a fulltime indoor cat wasn't easy for atti. but we had each other and he had purina cat chow indoor. he absolutely loved it. and i knew he was getting everything he needed to stay healthy indoors. and after a couple of weeks, i knew we were finally home! 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