Welcome to

More than 50 percent of the states registered voters already cast a ballot before polls opened this morning. And most opened without incident.

Before precinct doors opened Tuesday morning, more than 6.51 million had already cast early or mail ballots.

Good morning. It’s open. Good morning” was the message to waiting voters at precisely 7am.

That means just over 50 percent had voted before election day. Contrast that with 1992, when just 5.3 million people voted overall in the Presidential election.

Lorea Arambarri waited until election day,

“It’s a really motivating election this time around” she explains.

There are 5, 836 polling places in Florida, and when they opened  this morning, only one reported a problem.

A vote counting machine in Jacksonville was the only anomaly reported . It was plugged into a dead outlet and was quickly brought on line.

“Do you have your drivers license handy? She’ll take care of you” said one poll worker to entering voters.

This precinct saw a steady stream of voters. Many, including Bob Russel and Barbara Sapuppo made a conscious decision to wait until election day to vote.

“Oh, it’s Tuesday. You got to vote on Tuesday. It’s like having Christmas early. Do you have Christmas on the 23rd or 24th?” joked Russel.

“A lot of people are working and everything, but we’re not so we have all the time in the world to vote” said Sapuppo.

Keeley Day was perhaps the most enthusiastic voter we met…she gave a double thumbs up on her way out.

“It’s a good day for women” she explained. “The first Woman President is running. It’s a pretty big accomplishment for women everywhere.”

But that remains the big question of the day.

As of noon, a quarter million mail in ballots were yet to be returned. And when the first results are announced at 8 tonight, they are expected to include all 6.5 million of the early and mail in ballots, perhaps shining a light on how the night will turn out.

Call it a November Surprise. The Professional Firefighters of Florida is rescinding it’s endorsement of Amendment one. As Mike Vasilinda tells us, the 25,000 member union found the amendment was too controversial.

The pro Amendment one spot 1 implied, without actually saying that solar was the reason for too many unnecessary fires.

“In my job, I see a lot of fires that could have been stopped before they started” chimed the tv message from an Orlando firefighter in full gear.

The board for the Professional Firefighters of Florida made the initial endorsement. Then, after hearing from more than a thousand rank and file members who were’t happy, the board unanimously rescinded their support and immediately asked the TV spot and other advertising be taken down. Jim Tolly is their President.

“And it had just become very controversial on both sides. and so we didn’t go to a vote no position, we just withdrew our endorsement and took no position” Tolly reluctantly told us.

“Consumers for Smart Solar declined to go on camera, but they did send a statement, saying only that they are disappointed.”

No on 1 activists say the about face is in keeping with what they have dubbed the shady solar amendment. Colleen Castille is the former Environment Protection Secretary and now operates a Clean Technology consulting business.
“When it came to light the they were supporting someone that most of them didn’t’t even know about, and it was kind of a sham anyway, I wasn’t surprised.” says Castille.

This is the second major gaffe for the utility backed amendment. In October a James Madison institute Vice President is heard in a leaked recording saying that solar’s popularity could be used against it.

“We can use a little bit of political jujitsu and take take what they are hitting us on and use it to our benefit” is how Sal Nuzzo described the effort to a conference in Tennessee.

The firefighters now say if they have concerns about safety, they will ask state lawmakers to address their issues rather than putting them into the constitution.

Anchor Tag: Amendment one has been polling around 60 percent, which is the required threshold for approval.

You might be sick of them but the political ad blitz is almost over. As Matt Galka tells us, the campaign commercials designed to pull on our heart strings have been especially important in our state…and pretty negative.

They’re everywhere. Political ads flooding airwaves.  And the Wesleyan Media Project from Wesleyan University says Orlando and Tampa are leading the way – both with more than 21,000 ads run since June.

Most have the same formula – try to create a good guy and bad guy – and they can get ugly. Florida’s Senate Race between Marco Rubio and Patrick Murphy is the 5^th least positive in the country.

Political strategist and ad guru Kevin Cate broke down some of the spots for us.

“It’s the black and white for the bad guy and the gospel hallelujah music for whichever candidate is being supported,” he said.

All told nationwide, political advertisements have aired more than three million times with more than $2.4 billion dollars spent just to try and win your vote.

The Hillary Clinton campaign is out-advertising Donald Trump by 3 to 1 nationally. Nearly $50 million dollars have been spent in the Florida I-4 corridor alone on ads for both candidates since June.

Attorney General Pam Bondi is pushing to have judges and juries try death cases, even though the Florida Supreme Court ruled the law setting out a 10-2 jury decision was unconstitutional. Now, Bondi’s efforts have fueled a war of words with defense attorneys.

Florida’s top judges said death must be imposed unanimously by a jury. They threw out a law allowing a 10-2 jury decision. Mark Schlakman is a death penalty expert.

“Some could argue that no proceeding should go forward, and then there will be other scenarios where people might say well, yes, however, you could also proceed with the trial phase and defer on the penalty phase” says Schlakman.

There are at least two cases trying to answer this question, pending now before the start Supreme Court.

The Attorney General is asking the high court to let the trials go forward.

Nancy Daniels is the Public Defender who won the US Supreme Court case that

said juries must be unanimous. We asked her “Can prosecutions go forward, in your mind, now?”  “No” was her response.

Bondi’s lawyers write that prosecutions should still be conducted as long as the trial courts insure the juries final recommendation is unanimous. Daniels says “We don’t think that could possible be true. If it is the courts are going to be guessing what procedures to use, and what jury instructions to give the juries, and that isn’t the way trials and due process of law works.”

Ultimately, state lawmakers must rewrite the law, they get their first chance in two weeks when they come to the Capitol for a one day organization session, but so far it’s not on their agenda.

386 people woke up on death row in Florida, which is second in number only to California, where there have been just 17 executions since the death penalty resumed in 1976. Florida has had 92, which is the fourth most in the nation.

The battle over the solar amendment on election ballots isn’t over. Matt Galka explains why it’s heating up now – and why pro solar environmentalists are asking the state’s high court to step in.

The sun has been at the center of some political controversy this election cycle.  Mainly because of constitutional Amendment 1.  A utility backed proposal supporters say will stabilize electricity costs if people opt for solar, but opponents say it’s deceptive.

The Supreme Court may end up having a role.  A lawsuit was filed Wednesday after leaked audio appeared to show that the amendment was crafted to fool people into voting for a perceived pro-solar initiative.  The audio is from Sal Nuzzo of the James Madison Institute at an energy policy conference in October.

“Solar polls very well to the degree that we can use a little bit of ‘political jiu-jitsu’ and take what they’re hitting us on and use it to our benefit,” he says in part of the tape.

Kim Ross with Rethink Energy Florida says people have been duped.

“We’ve been phone banking and calling and canvassing and every time we do that, we talk to voters who thought that they were supporting solar but voted yes early on, and now have realized they voted in a way they didn’t intend to,” said Ross.

But the Consumers for Smart Solar, the group pushing Amendment 1, says the lawsuit is trying to block people from voting.

“To me, it’s deplorable that anybody would want to not count Floridian’s votes, I think the only way you can look at this is some sort of political grandstanding,” said Screven Watson, the group’s spokesman.

The lawsuit was filed a day before a dozen rallies were staged statewide urging voters to vote No on Amendment 1.

A separate lawsuit also calls on the Secretary of State to not count the votes already cast for Amendment 1 until the court potentially rules.

If you haven’t voted and you’re still undecided you may be thinking about casting  a third party ballot.  But as Matt Galka tells us, a third party vote worries candidates…and they’re trying to convince you otherwise.

Pro-Hillary Clinton mailers from the LCV Victory Fund not only bash Donald Trump…but third party candidates Gary Johnson and Jill Stein as well.

The mail pieces targeting millenials tell people not to vote for a candidate that has no chance to win.  They’re based on a worry that a vote for a third party candidate is a vote against Clinton.

And if you’re not satisfied with any of the names on the ballot and want to write someone in, there are six qualified candidates that will make your vote count.

“If you vote for Jeb Bush, or Bobby Bowden, I’m sorry the vote doesn’t count and it won’t be recorded, it is as if you didn’t vote in that race,” said Leon County Supervisor of Elections Ion Sancho.

We reached out to all six of the qualified write-in candidates for Florida. Three got back to us.  Economist Laurence Kotlikoff wasn’t satisfied with the coverage of his campaign.

“I think I’m a serious candidate, I’m the only economist to ever run for president, and I think that alone should have attracted a lot of press but most of the press decided right from the get go that only someone from the parties was going to win,” he said.

Tony Valdivia who works finance in San Antonio, TX said he’s happy to be getting his message out.

“I think it starts with what I believe my mission is and that’s to improve the lives of those in my community and throughout the nation,” he said.

And journalist Zoltan Istvan – who’s also a transhumanist – meaning he’s focused on advancing humanity through science and technology – said he’d be ok with playing spoiler.

“I’m not that fond of either of the candidates, and if I end up spoiling it and some news coverage comes to the transhumanist movement, I’d call that a victory even if that makes me hated for the next 50 years,” said Istvan.

To be a write-in candidate in Florida you don’t need to pay a fee or collect any signatures, you just need to fill out paperwork.

A Florida Q&M University senior admissions officer is facing bribery charges tonight after allegedly seeking cash from the mothers of two applicants. Police say the two counts may only be the tip of the iceberg.

Leman J. Ulee is facing two counts of bribery and one count of official misconduct for altering a students record. Gretl Plessinger, spokesperson for the FL.  Dept of Law Enforcement complimented FAMU for coming forth quickly.

“What we found so sarin the investigation is there were a couple of either current students or former students  who paid additional money to Mr. Ulee, and Mr Ulee changed their academic record, which allowed them to gain admission into FAMU” says Plessinger.

Court documents show the 36,500 dollar a year senior admissions officer approached two mothers. Mother A paid the bribe and her child was admitted to FAMU. Mother B contacted the university which called the Dept of Law Enforcement. She was provided with marked money which Ulee allegedly accepted.

“We do believe there are additional victims.” says FDLE’s Plessinger. “Students and family members who don’t even realize they have been scammed, so we are asking them to call FDLE Tallahassee.”

The going price? Between three and five hundred dollars.”

FAMU’s online admission fee: 35 dollars.

Jacksonville second year student Johnathan Rodgers was surprised by the arrest.

“Seriously?” he asked.

“He was charging between three and five hundred dollars. You never paid anything like that?”

“No” Rodgers told us.

Ulee has been suspended from his duties since March. Other employees at the admissions office were not talking.

“Is this where Mr. Ulee worked?”

“Yes”

“Can you tell me about him?”

“No.”

Ulee is set to appear in court on November 21st.

Anyone with additional information is asked to contact FDLE Tallahassee at 850-410-7501.

While many voters are still trying to make up their minds before election day next Tuesday, lawyers before the Florida Supreme Court were trying to help the court sort out the details of a proposed constitutional amendment to control gambling. Organizers have collected enough signatures to get a hearing on the question they want to ask voters in 2018. Most justices, including Barbara Pariente asked tough questions about the amendment’s attempt.

Sot: Barbara Pariente

Supreme Court Justice

“If somebody is against gambling, wouldn’t they want this amendment?”

“If they area against gambling, they would want this amendment” responded gaming expert Marc Dunbar, who opposes the amendment and told the court it was flawed.

Adam Schachter, the lawyer arguing for No Casino’s Inc. doesn’t agree.

“The issue before the court is not whether gambling is going to be undone. The issue is whether the voter s should have the right to authorize casino gambling. The impact of that on casino gambling in the future or existing gaming facilities is for another day” Schachter said after the hearing.

The ballot measure, if allowed on the ballot and approved, would end all gambling in Florida except for Tribal casino’s unless voters approved in a following referendum.

$22 million dollars wasn’t enough. So now some of the largest utility companies in the state have pumped another $3.5 million dollars into the Amendment 1 campaign.

Backers of the controversial amendment have pitched it as pro-solar and consumer friendly – claims environmentalists say are false. Aliki Moncrief with the Florida Conservation Voters says that the influx of money from the utility companies means they’re scared.

“They need this money to continue their misinformation campaign because they’re losing voters,” she said.

The proposal needs 60% of the vote to pass, which is why ads could be key in the final week. And recent polling indicates that support for the amendment might be coming down.

Former Governor and U.S. Senator Bob Graham pushed back on the claims during a conference call Tuesday.

“The installation of solar saves customers money because it avoids having to build additional generating capacity,” he said.

Consumers for Smart Solar – the group pushing the amendment – says it’s all about fairness and that’s why utilities are so involved.

“If you’re the utility companies, they’re the most heavily regulated industry in the state of Florida. Shouldn’t every other energy source also be regulated to protect consumers? We think so,” said Screven Watson, the group’s spokesman.

The cash flow and low polling came after audio leaked in October suggesting the amendment was posing as pro-solar, but is actually squashing pro-solar competition. Opponents of Amendment 1 are planning a statewide rally Thursday in cities from Miami up to Tallahassee.

Should a woman seeking an abortion have to wait 24 hours after having an ultrasound and discussion with her doctor before the procedure can be performed? The question is still up in the air as the Florida Supreme Court decides if the wait can be enforced while the law goes through the court system.

The 24 hour wait was passed and signed into law in 2015.

“77 yeas” chimed the House reading clerk when it passed.

The wait was in effect for two months before the State Supreme Court stepped in and stopped its  enforcement in April.

“Please be seated” said the court’s Marshall at the beginning of the oral argument.

Asst. Attorney General Denise Harley says the delay is reasonable, and the wait should be allowed while its constitutionality is challenged back in the original trial court.

“The waiting period is outcome neutral. The state is not trying to encourage or discourage abortions” Harley told justices.

But Julia Kaye of the ACLU says the wait has discouraged women.

“The 24 hours prevents some women from obtaining abortions, doubles the harassment that a woman faces upon entering the clinic” Kaye says.

28 other states have some sort of waiting period, but none of them has as strong a constitutional right of privacy as Florida.

Afterwards, the ACLU said the law had negative consequences for women during the two months it was in effect.

“Women missed work and wages they would otherwise not have to lose. Women experience sickness the could’ve been avoided” Kaye told reporters.

But anti abortion pastor Pam Olson says a woman’s decision isn’t final until it is.

“Lot’s of women go in to get a pregnancy test, and many get ushered right in to have an abortion. they don’t even have time to think about it” says Olsen.

If the court refuses to allow the waiting period to be enforced while it’s making its way through the lower courts, it is a clear signal it will be in trouble if and when an appeal comes back to the state Supreme Court.

A decade’s long dispute over who has the rights to the water that ends up in Apalachicola Florida is being heard by a special master for the US Supreme Court today. At stake, as Mike Vasilinda tells us, is the future of one of the most important estuaries in the state of Florida.

Nat sot of movie “riders of destiny”

“is that the old creek bed? asked John Wayne in Riders of Destiny, released in 1934. Yeah. When I first come here it was running water to every ranch in the valley, then it dried up” replied one of the B characters in the movie.

But the water war between Florida, Georgia, and Alabama is real. As Atlanta grows, it is demanding more and more water…which comes from here, Lake Lanier and the Buford Dam.

This is where the water leaves Georgia, heading for Florida.

And it is the fresh water that leaves here that eventually flows into Apalachicola Bay. The less fresh water, the more salt water predators invade and destroy once lush oyster beds. Shawn Hartsfield the President of the Apalachicola Seafood Workers Assn. says life on the coast is changing.

“You know, we’re not going to have the fishing industry we used to have” says Hartsfield.

Rick Scott asked the US Supreme Court to settle the battle for water three years ago.

“We’ve got to get the water flowing down the river an into the bay if we want to continue to have the lively hood we had” says the Governor.

Environmental attorney David Guest says saving the bay is critical.

“You’re pitting uncontrolled growth and uncontrolled agriculture against a delicate and irreplaceable ecosystem famous the world over.”

Georgia’s positions that it owns the water and gets first crack at using it, much like one of the characters in Riders of Destiny. “Boys turn off the water. Guard my dam and if anyone sets foot on my land, shoot.No one is shooting over water these days, but the US Supreme Court will eventually settle the question. Neither side is likely going to get all that it wants…which is all the water it can use.

The drop in oyster production has help drive up the retail price for oysters across Florida. The trial could takes weeks, then several months before a recommendation is made, and a year or more before the US Supreme Court hears the case.

Early voting ends either this Saturday or Sunday depending on your county, and as Matt Galka tells us, today a statewide effort to get students to the polls for free kicked off the final week heading into election day.

Jasmine Smith had been helping register students at Florida State campus before the deadline. Now, she’s trying to get them to the polls.

“Not every student has a car or a way to get to the polls, and even though election day is November 8^th, that day doesn’t always work out for everyone,” she said.

It’s part of the “Don’t Boo, Vote” initiative. Former state Representative and Hillary Clinton supporter Curtis Richardson says turnout is always a concern and that apathy and not voting is a vote for the opponent.

“It is particularly important that students show up to the polls because it’s their future that is at stake,” he said.

The shuttles departed from FSU’s student union. People could sign up for a set time or some got scooped up along the way. They were then brought to a polling place and back to campus in about 20 minutes, and similar events were going on statewide at other Florida universities.

Earlier this month, two Florida State political scientists cautioned a group of interested voters to not get apathetic and get caught up in polls that predict election outcomes. They even mentioned the fallout after Brexit – when England voted to leave the European Union earlier this year.

“A number of voters after Brexit said ‘well I didn’t think it was going to really happened so I went and voted and expressed myself but I didn’t think it was going to happen.” And I think it’s important for people to express their will and express their interests when they vote,” said FSU political scientist Brad Gomez.

As of Monday, more than 3.7 million Floridians have already voted.

The University of Florida, UCF and USF had similar initiatives. Republicans lead Democrats by about 9 thousand votes cast so far in early voting. 631 thousand no party affiliates have also voted.

Presidential candidates and their VP’s aren’t done with Florida yet. As Matt Galka tells us, Hillary Clinton’s potential second in command Tim Kaine tried to appeal to students in Florida’s capital city Friday.

Senator Tim Kaine, Hillary Clinton’s vice presidential pick – fired up a crowd of mostly students at Florida State University.

He appeared alongside Congresswoman Gabby Giffords and her husband Mark Kelly. Giffords, a victim of gun violence, has been on a gun control tour around the country.

“She will stand up to the gun lobby and that’s why I’m voting for Hillary Clinton,” said U.S. Rep. Giffords.

Kaine stressed the importance of Florida and its 29 electoral votes.

“Let me give you a punchline right now, Florida is checkmate. Did you all know you were that important,” he asked the crowd.

He also took shots at the Democrats two biggest opponents – Donald trump and Marco Rubio – as the party tries to win not only the White House but also a senate seat.

“(Rubio) was asked whether Donald Trump was a good role model and wouldn’t’ answer that question. Is that a hard question? Do you need to go do some research for a year or two to determine whether Donald Trump is a role mode? No, it’s an easy question. You want someone who knows that Trumpism is something we should reject,” he said.

The rally started around the same time the FBI announced they’d be looking into more Clinton emails – an issue that didn’t seem to bother many in attendance

“If they didn’t find anything wrong with it I don’t see any reason to be worried about it,” said FSU senior Lindsay Cheng.

The event also comes three days after GOP nominee Donald trump stumped in Tallahassee.

A weeklong extension of voters registrations because of Hurricane Matthew resulted in more than 100 thousand new applications. Of those new applicants, about 21 thousand voters applications are still unverified by the state. That resulted in a federal judge calling an emergency hearing.

At 9 AM Friday, the Division of Elections showed that more than 106 thousand voter applications had been submitted since Federal Judge Mark Walked extended the registration period by a week. The site also showed there are still more than 21,000 unverified applications, which is why Walker called an emergency hearing by phone.

“Still engaged in the same efforts, the same extra staff, the same extra resources and overtime?” asked Walker near the beginning of the hearing.

Elections bureau Chief Maria Matthews told the judge the state was still working seven days a week to verify the applications.

“That automated match process generates about an 85 percent automatic verification. that means 85 percent  of those records that are verifiable become, those individuals become registered voters” she added.

Of the 21,000 unverified applications, 15 thousand have been sent back to local supervisors. That’s because they contained an error, and many may never be verified.

Ron Labasky is the lawyers for the state’s Supervisor’s of Elections.

“A supervisor will contact the individual whose application was deficient. Obtain the information possible, if the voter is cooperative. Sometimes the individuals just don’t care to respond and those will just never get processed” says Labasky.

Judge Walker ended the hearing saying he believed was satisfied the state was doing everything it could to verify valid applications quickly.

The state and judge previously agreed to a deadline of Monday morning to verify all valid applications, That’s when all of the counties in Florida must begin early voting.

The environment and climate change haven’t been a big part of the run-up to the election. But as Matt Galka tells us, a group of scientists from Florida are trying to change that in the final two weeks.

Why isn’t climate change part of the national conversation as the country prepares to elect a new president? That’s the question being asked by multiple scientists in Florida.

Two years ago, the same group challenged Governor Rick Scott and his opponent Charlie Crist to address climate change.

Now Dr. Jeff Chanton has penned a letter to GOP Presidential Nominee Donald Trump asking the businessman to discuss the issue and his past claims of it being a hoax.

“In our opinion, at least in my opinion, this issue is just as important for the long term as ISIS,” said Chanton, a Florida State Professor of Oceanography.

But GOP strategists say it’s not a bigger part of the national conversation because everyday people don’t talk about it.

Government Affairs Director for the Jones Walker firm Chris Moya says voters aren’t impacted by climate change on a daily basis.

“When you ask scientists what should be done, the results of what should be done are incremental, long term, and difficult to calculate the impact on the climate. But the results for the average American family in the business economy right now are present, impactful and large scale.”

Bu

“It has not been mentioned in the debates one bit! I’d like to call out Anderson Cooper, and Chris Wallace, and Ken Bone for not bringing this up! Why is this not talked about? It’s such a big issue.”

Chanton says bringing up the climate change issue two years ago was a success because it brought the issue to the forefront. He hopes that’s the case again in the closing laps of the race for the White House.