there are a host of things that could happen that evening that could cause some trouble. then what would happen is some things might go to state courts, it depends on where people file but let's use the federal court scenario because that's what ultimately happened 16 years ago in bush v. gore. the first stop would be a district court judge and a district court judge could say, look, this can be handled locally, perhaps injunction. a judge could say "keep the poll open later" if a person is protesting long lines or individual ballot problems, maybe the judge would apply for protestants. >> if it goes to the u.s. supreme court and knowing how the justices are, if it goes to a 4-4 split then what? >> it happens to what goes below. it would go to the 11th sir nut