primary election updates right here on fox news channel. >> shepard: bomb threat. the eiffel tower and other tourist spots now evacuated in paris. plus, showdowns in seven states and the district of columbia. i'm shepard smith. the news starts now. >> it's the biggest primary day until the election. and we're monitoring democratic and republican races as the tea party once again tries to prove its political power. tonight, a look at the major battles and what it means for the balance of power come november. fighting the federal government. 20 states taking aim at president obama's health care law. [ applause ] >> shepard: we'll explain both sides' claims and the controversy. plus, doctors say it's a germ

resistant to virtually every known antibiotic. and it's already right here in and it's already right here in tonight, rise of the super bug. but, first from fox this tuesday night, it's the final primary day of the year with 49 days to go until the midterm elections. republicans trying to take back control of congress in november. but they're facing some challenges from tea party favorites again tonight. seven states and the district holding primaries. the polls closing at 8:00 or 9:00 eastern time, depending upon the state. and so far this year voters have sent seven members of congress packing. four of them republicans. three of them democrats. and tea party favorites have ousted more moderate republicans in six states. fox report -- or i should say the chief political correspondent carl cameron is live in wilmington, delaware tonight. that's a hot state. we might as well start there the

former seat joe biden's seat. >> if republicans were to pick this up seat they would be 10 closer they would neat for the senate majority. in this state the nine-term congressman mike castle, the only congressman from delaware is a republican and a moderate and he is in a very, very tough race against christine o'donnell. a self-styled fiscal conservative who has been criticized for some of her own money problems. as a consequence this race which has been a castle lead for weeks is basically a dead heat with polls set to close in two hours. state republican officials say the turnout is somewhere north of 35,000 votes. it's so close and such a small universe of votes nobody really know what is to expect. they could be counting pretty late into the evening, shep. >> shepard: the sprint for the -- sorry, go ahead. >> well, i also want to point out a very important race in new hampshire as well where there is a four-candidate republican primary there. the front runner is attorney general kelly aoot. she is facing a surge. run for office for almost 20 years.

that race could go down to the wire, too. in each these circumstances it's believed that if ayotte wins as well as castle here they are well-positioned for g.o.p. pickup in delaware and protect judd gregg's retiring seat there, shep. sorry. >> shepard: not at all. the spirit of things now are we are on a dead set for the general election and that begins tomorrow. how do the two parties match up? i guess we're at the starting line, karl. >> yeah, well the polls show the republicans have an advantage in the general election in the fall. they start looking for 10 seats in the republican in the senate for republican majority and 39 for the house. the polls suggest now that at least 40 democratic incumbents are trailing or losing in the house and republicans are knocking on the door with toss-ups or democratic seats leaning their way in as many as a dozen. this could be the biggest republican pickup year since 1994. and the tea party movement has already contributed to more than 4 million additional votes cast for republicans than democrats. the momentum is clearly on their side 49 days from today we see

the general election results. >> shepard: karl cam on on a busy night in wilmington, delaware. karl, thanks. congressman charlie rangel faces his toughest election in years today. the new york democrat battling ethics charges as he fights to keep the seat that he has held for four decades. top challenger is a man named adam clayton powell the fourth. he is the son of the legendary congressman who rangle beat when voters first sent rangle to the house in 1970. polls close 9:00 eastern time. we have those results later. first polls close less than an hour from now. bret baier will have special coverage tonight on the fox news channel. you can keep tabs with the results on fox news radio and foxnews.com or with our america's election headquarters app. on your iphone, ipad, android or blackberry. got that? representatives from 20 states in a major showdown now with the white house over the new health care law. and today we got an indicates of which way this might go.

remember, the president signed a 938 billion-dollar law back in march. but the state's attorneys general argue that sections of it are unconstitutional and the republicans are suing to stop it. one of the suits' biggest issues revolves around the part of the law that requires people to either carry health insurance or pay a penalty. of course, we should note this isn't just about health care. it's very much about politics. 13 of those attorneys general were running for office at the time they joined the lawsuit. either way, hours ago lawyers for both sides faced off in front of a federal judge. we have some results, sort of phil keating with the news outside that courthouse in pensacola, florida tonight. florida is where all this began. the judge says he might toss part of the state's lawsuit out but not necessarily the whole thing. right, phil? >> exactly, shep. but as of right now we don't know which parts, which of the six counts in the state's lawsuit in the affordable care act that the judge is referring to. expect to know that maybe october 14th. ultimately everyone agrees this

case is going all the way to u.s. supreme court. this morning three of the attorneys general all showed up here for the two-hour hearing. 45 minutes for each side. all republicans, florida's a.g., bill mcclul -- mccullumened alabama's a.g. king. they are arguing state rights being trampled by medicaid and individual liberty constitutionally abridged by forcing everyone to have health insurance by 2014 or pay a penalty tax. >> for many of us who watched obama care unfold in the united states congress, we felt like our voices weren't heard. this court is the place we can come and we can have not just our voices heard but the voices of the founding fathers. >> now, that argument is, of course, being used by supporters of the health care reform law in that saying that republicans lost the battle in congress and now they are using the court system to try to get their way. shep. >> shepard: what did justice department lawyers say about all of this? >> well, the department of

justice declined to talk on camera, but i was upstairs in the courthouse for the hearing and they indicated that the medicare part, they believe is constitutional because of article 1, tax and spend provision for the federal government. number two, as far as the individual choosing not to get health care, they argued that the commerce clause does apply because ultimately everybody is going to need health care but right now it's all of the people who do have health care that are paying for everyone who doesn't through higher premiums. >> shepard: phil keating tonight at the pensacola courthouse in florida. thanks. millions of small business owners could face mountains of additional paperwork after the senate today failed to repeal a provision in the new health care law. tucked into that law, a clause, which requires all businesses to file a 1099 tax form if they do more than $600 in sales per year. that means you technically have to keep track of every business related receipt. the florida democrat bill nelson tried to raise the threshold to 5,000 bucks. but the amendment failed to pass on today's vote.

so what does it mean for the more than 40 million businesses in the united states? gerry willis anchor of the willis report on the fox business network broke it down on "studio b." >> say you run a trucking company out there. every time a trucker fills up with gas, they have to get a receipt. you have to take all of those receipts and figure out which of the gas stations throughout had you to buy more than $600 worth of gas in saying gel year and then you have to trace it back to whoever provided that gas in the first place. it is a mountain of paperwork it will cost about $17 billion. >> shepard: $17 billion. most lawmakers are on the record opposing this provision but republicans and democrats disagree on whether to repeal the provision or just modify it. well, after more than a year an iranian jail american hiker named sarah shourd is finally on her way home. she arrived at the airport in oman earlier today. once the jet stopped, she walked down the stairs and found her mother for a hug. it had been a long time and

before shourd ever left iran, she said she wanted to thank everybody who stood by her. >> i'm very humbled the more i learn about what people have done for me. what the government has done for me, the more i feel humbled and grateful and ready to be free in the world again and to give back what's been given to me. >> shepard: sarah shourd says her top priority is getting iran to release her go two companions joshua fattal and shane bower. they were accused of illegally crossing the board and arrested as spice. with shourd reportedly suffering medical issues, iran released her on humanitarian grounds as they put it after somebody apparently paid a half million dollars bail. "the fox report's" chief correspondent jonathan hunt is with us now. do we know how she is? how did they come up with this money? just yesterday they were saying they couldn't. >> her health first, shep. we know she has these issues, apparent lump in her breast and

possibly other cancerous cells. she no doubt headed for a full workup on those very soon. we would expect to hear something in the coming days and weeks. as for who paid the bail or the ran some, as some have called it the shourd family said they couldn't do it. the u.s. government said they wouldn't do it. it was interesting to hear sarah shourd say herself when she landed in oman today how grateful she was to her hosts. listen. >> i have been waiting for this moment for a really long time. and i am extremely grateful to be standing here today. i want to begin by giving my deepest thanks to the sal tan of oman and sal tan -- i'm so grateful for everything that oman has done. >> so grateful for everything oman has done. that does not mean, of course, that they paid that $500,000 bail. but u.s. officials have said themselves oman was at the very least critical in bringing about

sarah shourd's release. >> shepard: one home two to go. what's the word on the others? >> iran says detention decree has been extended for another two months. that doesn't mean they will be released in another two months. they are saying they won't even consider it for at least two months. president obama, meanwhile, talked about the situation today. he obviously welcomed sarah shourd's release. but he appealed to the iranians now to release the other two hikers as soon as they can. and as he put it every other missing and detained american. >> shepard: thank you, jonathan. two famous land marks in france as police were clearing the eiffel tower after a bomb threat, they say there was a second threat neither notre dame cathedral. we will go to paris for a live report next. he was born in new mexico. spent two decades here in the united states. federal investigators now say this radical cleric is inexpiring attacks from overseas. fox reports on a new plan to

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>> shepard: still developing now, word of a second bomb square today at another major -- bomb scare today another tourist in paris. evacuated eiffel tower after anonymous caller washed of a bomb. now any have cleared a subway station next to the notre dame cathedral because of a similar threat. we're told that police have not found any evidence of explosive explosives in either location. eric joins us now from paris a tribute for nor "newsweek" magazine and daily beast online. eric, what's the situation there? >> they searched through the metro station right in the center of paris just across the water from notre dame. they didn't find anything that you mentioned. and they reopened it. so people were able to go there.

they cleared people away from the eiffel tower. that was done in a fairly orderly fashion. people are understanding. the top official in france warned that french soil faces the greatest threat since 1995. that's when eight people were killed in a bomb at that very metro station. >> shepard: of course, this all happens at the same time the french parliament made a significant ruling. are they considering these connected or no? >> i think it's part of the general climate that creates concern. as the anniversary of 9/11, as does an array of french foreign policy issues. >> shepard: good of you to be there. thank you. we'll check back as news warrants. the only measure who ever appear on the cia's capture or kill list could soon face criminal charges. there is word the white house is now considering filing formal charges against the radical cleric known as anwar al awlaki. possibly within weeks. counter terrorism officials now

say al awlaki has become a major figure in al qaeda in yemen, acting as the terror group's lead english-speaking voice. officials have also linked al awlaki to the underpants bomber seen here on the left and the suspect in the deadly shooting at fort hood in texas who is on the right, as well as the man suspected of trying to detonate a car bomb in times square. the concern now how the administration will handle al awlaki's case should authorities capture him alive. catherine herridge is live in washington tonight where she has been following this story. catherine, this guy has been on the government's radar for a long time now. what is taking so long? >> well, shep, charging al awlaki in a criminal case has risks. especially for the intelligence community. if you don't have a principle witness like the underwear bomber, the department of justice would need to provide evidence of al awlaki's direct involvement in terrorism. and this could force the u.s. government to reveal evidence gained through confidential sources and foreign wire taps. so, in other words, releasing this information could reveal

sources and methods that need to track terrorists, shep. >> shepard: what's considered the best case scenario here, catherine fmpleghts underwear bomber does a plea agreement with the government, he would become a primary witness in the case against the american cleric. as we first reported on your show, sources have told fox that there was a direct contact between omar friewk who carried the bomb on to flight 253 on christmas day and anwar al-awlaki hiding in yemen. this picture from a foundation that tracks terrorists worldwide shows the device he wore. al awlaki was the middle man who hooked up the 23-year-old who wore the bomb and the bomb maker in yemen. in addition, al awlaki provided advice on how to side step western security and surveillance. so, in return for helping the u.s. government, the accused underwear bomber presumably would get a reduced or a lighter sentence here in the united states, shep. >> shepard: catherine herridge in d.c. cat, thanks. flights get cancelled for all sorts of reasons, weather, mechanical issues, drunk pilots. coming up, details on a by --

pilot who police yanked off of a passenger plane. plus, the super bug. just about every antibiotic does nothing to it, nothing. doctors are a little weirded out over. this just ahead, the new details on how it started showing up here in the united states and what scientists are saying about how you can protect yourself. the super bug, oh no. ♪

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>> shepard: super bug. one scientist is calling it a time bomb. it's a drug-resistant bug that's said to be posing a global threat as it spreads from india to the united states and beyond. u.s. health officials now report cases in california, illinois, and massachusetts. a number of microbiologists around the globe says this super bug will keep spreading they

don't know how quickly. trace gallagher with the news live in our los angeles news hub tonight. trace, you know, first it was h1n1, now it's the super bug. but the cases have one thing in common, i guess. >> yeah, the one common link, shep, is that all three of these people actually had surgery in india. they are called medical tourists. the reason they go to india for surgery is because it's cheaper. risky. it's overpopulated overuses antibiotics and lower levels of clean water and hygiene which makes india a breeding ground for these so-called super bugs. especially for foreigners. listen. >> when you go to these places outside the u.s., you don't have a lot of control about the quality of care that you are about to receive. you don't have a lot of control about the places. in other words, here in the united states, most of the surgical places that you go for care are very regulated. not only by the federal government, by the state.

>> super bug bacterias can cause things like pneumonia, toxic shock, and flesh eye eating bacteria, shep. >> besides not going to going to india, what else do we do. >> don't be a medical tourist. don't get surgery in a different country unless you absolutely have to. don't overuse antibiotics because your body can become immune to the stuff. in other words, if you have a cold, it's a virus not a bacteria. antibiotics are not going to do you any good. don't press your doctor for that kind of medicine. also the super bugs pass from person to person. if you get it on your hands it's easier to get in your stomach. so, i know you have heard it before, wash your hands, don't touch your eyes. don't touch your mouth. make sure the surfaces around you are clean. and don't shake hands with everybody you see. have you got to kind of be like sean hannity, shep. is he a big knuckle bump guy. >> shepard: that's what he does. i suggest we all stay in bed. i could spend the rest of my life that way. trace gallagher, thanks.

the man who triggered international tuberculosis scare is trying to revive his lawsuit against federal health officials. he wants to sue the feds. is he andrew speaker and he accusing them of releasing his personal information and public sizing the case to get more money to fight the disease. government attorneys today told an appeals court there is no evidence to support those claims. this man, speaker, flew to greece a few years ago for his wedding. he decided to return home, we're told, after learning he had a particularly strong strain of t.b. the feds say he flew from europe to canada and drove across the u.s. border. though they warned him he could be contagious and should not travel. the man was the first american quarantined by the federal government since 1963. a court dismissed his suit last year. we're watching lots of trouble in the tropics as fox reports tonight. hurricane igor a massive category 4 storm and headed north. hurricane julia, yeah, it's a hurricane now right behind it and, tonight, a new one. here comes karl. we're live in the extreme

weather center with all the details you need. plus, the woman who calls herself the hottest sports reporter in mexico brought her hotness to fox news channel today. the nfl now investigating what happened when she was covering the new york jets this past weekend before they lost jon scott got her side of the story. we will bring it to you and a check of the cube. who is going -- [ laughter ] are you kidding me? our blago is back. he is not waiting for his retrial next year. he is asking a judge to clear his name now. we're going to planet blago as fox reports live tonight. copd makes it hard for me to breathe.

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>> shepard: i'm shepard smith. this is "the fox report" it's the bottom of the hour. time for the top of the news. we're following a triple threat in the atlantic ocean tonight or at least in tropical waters. forecasters report two hurricanes, igor and julia are swirling over open waters. one of them igor now a category 4. tropical storm karl officially formed a couple of hours ago in the caribbean. our meteorologist janice dean the weather machine following it all. janice, fill us in. >> have to write all these names on my hand. here is karl. our latest edition to the tropical storm family. 40 mile-per-hour sustained winds in the caribbean. let's take a look at karl's path as we head further out in time. expected to make land fall against yucatan peninsula.

bay of campeche. making land fall again. strong tropical storm perhaps a weak hurricane. igor category 4 storm. 145 mile-per-hour sustained winds. it could potentially still strengthen, shepard. there the is official path of the 5:00 p.m. and as you can see it has not changed much. still a major category 3 storm as it brushes very closely or even on top of bermuda into the weekend. dangerous storm there. and, finally, we have hurricane julia just off the cape verde deislands, 85 mile-per-hour sustained winds west northwest at 9 miles per hour. the good news is julia will not be making land fall. this is going to be mainly shipping interest, a fish storm if you will. and finally, shepard, i was going to show you the tally. but the hurricane steering current right now, high pressure across the atlantic, that's why we are seeing these storms move

northward as tropics move off the northeast coast and eventually move north and eastward. we have to watch carefully over the next several days as they could be in the crosshairs of igor. thank you. >> shepard: janice dean, thank you. >> wildfire alert. prosecutors now in colorado trying to decide whether to file criminal charges in connection with one of two devastating wildfires in that state. the one burning near love land north of denver it's destroyed two homes, charred more than 1,000 acres. investigators say one or more homers burning vegetation on their properties sparked the flames. meanwhile, crews report they have now fully contained the other fire that broke out on labor day it has destroyed more than 150 homes, according to investigators, who say they tracked the source to embers from a home fire pit. a distracted air traffic controller is the first target for blame in a mid-air crash that killed nine people but he is not the last. today the national transportation safety board

released its new report on last year's crash between a small plane and a tour helicopter over the hudson river between mid-atlantic -- manhattan and new jersey. the controller was paying too much attention to a personal phone call before the crash. the investigators also point to poor federal rules for the area. the head of the nbc-nbc -- ntsb merger of missteps. pilot over the legal limit to fly in netherlands but not over the legal limit to fly in the u.s. the cops did not officially release the name of the pilot or the airline but we're told the cops find him 900 bucks and the airline nine other passengers. rex ryan after the miserable loss last night says is he cooperating with nfl officials investigating an incident involving a female reporter at a practice session. the reporter is inez science

originally sent out as i wanted out twitter message saying she was embarrassed by the whole thing while she was in the jets locker room with sanchez. today on happening now, on this channel, she rejected reports that suggested she claimed she was harassed. >> i tweet that it's an uncomfortable moment but i never say to the owner of the jets that i received bad words or sexual harassment or whatever -- i never say that. >> shepard: she still reported for the sidelines for last night's jets ravens game by the way the ravens won or you might say the jets lost 10-9. reggie bush will no longer have his title heisman trophy winner in front of his name. he is returning the award that he won in 2005 while playing forever the university of southern california. this summer, the ncaa ruled that reggie bush got improper

benefits while at usc. reggie bush was ineligible for the 2005 season. bush said in a statement today he would forfeit his heisman but still try to show that he was worthy of the honor. until now, no recipient has ever returned a heisman trophy but he is keeping all the money. in business news today, a new report shows americans spent more money last month on everything from clothing to food. according to the u.s. commerce department, retail sales rose .4% for the month before. it's the second straight increase in the largest since march. sandra smith, no relation of the fox business network joins us live. what drove, this do we know? >> 17 states had tax holidays. you might have noticed if the you went to the mall over the course of the month that there was a second of a lot of promotions out there to lure shoppers through the door. by group you will see where we saw the biggest gains. gas station sales were up. people still driving rather than flying for summer vacations. grocery stores doing well.

buy what you need mentality. clothing stores possibly the biggest surprise here because during the recession apparel sales got hit hard. they picked up by 1.2% during the month. and sporting goods and book stores did all right. what struggled during the month it was still those discretionary items. do you really need it? the appliance, appliance stores sales down. auto dealers you have to have credit to buy a car. if you can't get it, sales down there as well. furniture stores discretion there. buy what you need mentality. >> shepard: looking at that least it, almost appears august back-to-school shopping. >> that was a huge part of the sales. that's where we got the bump. don't forget that back-to-school season for the retailers is second only to christmas. so they really are dependent on those sales. but, again from, a company standpoint, a business standpoint, a lot of those retailers are going to be really concerned about profit margins because they had to lower prices so much just to get those shoppers through the door. >> shepard: sales everywhere. >> everywhere. giving it away.

>> shepard: well, not quite that. that would be quite a bananza. sandra smith from the biz. good to see you. stock market didn't do much of anything today. you talk about dull. investors selling shares of bank stocks after a recent rally. that off set gains in retail sales by the closing bell, after sitting at almost flat for much of the day the dow was down 18, nasdaq up 4. s&p down just a fraction of a point. well, if you are out of work, try raising rab bits. that's a suggestion from cuba's government. as it prepares to lay off hundreds of state workers. ahead more job hunting tips from communist officials there. plus a 25-year-old from iowa now the first living soldier in decades to receive the nation's highest military honor. and tonight he is sharing his heroic story with fox news. >> i knew i had gotten shot but it didn't hurt, keep going. no sense to dwell on it there is too much other stuff happening. [ male announcer ] you can dream of making travel

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>> shepard: not long ago he was mopping the floors in a fast food restaurant. now the army staff sergeant sal have a tore jenta is set to receive the nation's highest military award medal of honor. he says he was only doing what any soldier would have done. by all accounts he went above and beyond the call of duet. rescued two fellow shoulders. >> there was bullets and rfgs employing up all over the place. you could see the muzzle flashes from bullets leaving the enemies guns not too far away. everybody was at risk. >> the area known as the valley of death. after rescuing the two soldiers he attacked a pair of taliban fighters according to the military as they tried to drag away another wounded soldier.

is he scheduled to be the first living soldier to earn the medal of honor since the vietnam war. a huge military convoy heading north from texas to oklahoma. u.s. officials relocating tons of heavy armored equipment from wars past and present. some of the cargo dates back to world war i. it's all part of a museum that officials say is key to educating our troops and helping boost their morale. alicia acuna has the story live tonight from fort bliss in texas. hello alicia. >> hi, shep. this is a major undertaking by the u.s. army moving an entire museum 800 miles from fort bliss, texas to fort sill, oklahoma. we have been here all day watching this. this is part of a scud behind me here it involves some major logistics that you really have to see to believe. [beeping] >> at 60 tons this antiaircraft tank needs two cranes to make it on to a flatbed truck.

otherwise the cold ware relic would topple. >> it's just a very delicate operation. >> delicate because some of the 30 tanks gunners, and other weaponry being transferred to a new museum being built at fort fill, oklahoma are the only art facts of their kind left in the united states. and although demilitarized, they are a vital teaching tool for current service members. >> make them proud of the weapon systems of the past. >> the move falls under the base realignment and closure act. the air defense artillery center and school relocated and now the museum follows. the army says what t. wants soldiers to not only understand history but touch it. >> thanks to the veterans who use these vehicles and who we have a museum for now, we're able to do our job. >> makes me want more when i see a veteran that's older than me and that's been to world war ii or the vietnam war, makes me appreciate what they have done for our country.

>> part of the goal here is to build that camaraderie with the soldiers and give them a sense of their military heritage. now, shep, once all of this is gone and on its way to oklahoma, then it will be replaced by the first armored division miewmple that has arrived here from germany, shep? >> shepard: alicia acuna in fort bliss, texas tonight. alicia, thanks. communist cuba announced recently it will lay off one tenth of the country's workforce. one out of ten. now the country is making plans for what all those people should do next. accord 00 youtubeen government report a document out now, the government will push some half of the million former government workers into jobs at foreign run businesses and encouraged most of them to start their own private companies. the document even lays out a list of suggestions for the jobs they could do. including raising rabbits, making bricks, driving tax is is, and piloting ferries.

oh, it's been so long. we all know the sun never sets on planet blago but have no fear our courageous exgovernor is back and he has a score to settle. in a chicago court attorneys for the former illinois governor rod blagojevich, our blago, have now asked a judge to nullify his conviction and acquit him, throw the case right out the door. you may recall last month a jury found our blago guilty on one count of lying to the fbi. the jurors couldn't reach a decision on 23 other charges of corruption. another option, according to blago's attorneys is to set the conviction aside and schedule a retrial. an emergency medical crew making a rare winter time antarctic flight to evacuate a an american worker. our top story as we go around the world in 80 seconds. >> new zealand. the air force plane's crew landing on a run way made of ice to reach a man who we're told has a serious medical condition.

is he in a hospital in christ-church. he works for rate i don't know, american company that supplies a research base in antarctica. the plane tried the rescue flight over the weekend but encountered blizzard conditions. greece. [horns] >> truck drivers striking for a second day across the nation. many of them parking their big rigs on news and blairing their horns. they are protesting government plans to let nonunion workers take truck driving jobs. the greek government has been struggling with a huge debt. india, floodwaters threateningening one of the seven wonders of the world the ta taj mahal. it sits right on the banks of a rain swollen river. flooding has hit more than a dozen districts in the region. japan. california governor arnold schwarzenegger taking a ride on a bullet train. the governor there with nearly 100 business leaders from his state pushing tourism, wine, and other california goods while seeking help for the golden

state's own multibillion-dollar high speed rail project. the governor hopped on a bullet train in tokyo and took a short ride to a city north of the capital and that's a wrap on this fox trip around the world in 80 seconds. some brand new fox news polls are out today. and there are some extremely tight races as we get closer to the november elections. the latest numbers as we watch for the first results from today's primaries next. and for more analysis and updates, you can go to foxnews.com during this commercial, click on the politics link at the top of this page for everything you need to know about the midterm elections.

>> shepard: we're counting down to the midterm elections here in america's election headquarters. the first polls are about to close on this final primary night. and we have brand new look at where some things stand. and some of the hottest senate races heading into november. molly line live on politics

watch tonight, hi, molly. >> hey, shep. these latest fox news polls nail biters. key senate races. start in nevada. senate democratic majority leader harry reid is in a neck and neck battle there with republican and tea party backed challenger sharon angle. nevada has the nation's worst unemployment rate. it's been crippled by foreclosures and 46% of voters there say they believe president obama's policies have hurt the state's economy. a little to the west in california, another tight contest between democratic incumbent senator barbara boxer who is in a statistical dead heat right now with republican carlie fiorina. boxer with 46%. fiorina with 44%. california is usually thought of democratic strong hold. president obama won in a landslide in 2008 by 24 points. but now nearly half of voters, 46% do not think that he deserves to be reelected. in florida, republican marco rubio is up by 16 points over

republican-turned-independent governor charlie crist. democrat kendrick meek who has gotten strong support from president obama and former president bill clinton has 21%. the gap between republicans and democrats is a bit wiser in pennsylvania and ohio. in pennsylvania, republican pat toomey is leading democratic joe sestak 47% to 41%. and in ohio, republican rob portman has a 7 point lead over democrat lee fisher. portman with 4%. fisher with 41%. fox news is going to be releasing new poll results every tuesday some of these key blases. some of these battleground states will be covered all the way up until the midterm elections. >> shepard: molly line, thanks. polls today close 7 and a half minutes from now. bret baier will have special election coverage throughout the night on the fox news channel. the factor follows us. bret will come in from time to time. also keep tabs on the results at fox news radio and at foxnews.com or with our

america's election headquarters app. on your iphone, ipad, android or blackberry. harley davidson agreeing to keep open its production facilities in the state its called home for more than a century. that's our top story on a fox trip across america. wisconsin: executives at the famed motorcycle company announcing they will keep two harley factories operating in the state. the announcement comes after union workers approved a contract filled with concessions, including a pay freeze. some workers say they didn't like the deal but today's economy requires sacrifices. >> i think that we need to, as employees, understand that we need to keep the american jobs here in wisconsin. >> shepard: company officials had threatened to close the facility. michigan. back-to-back fires burning down a paper recycling plant southwest of grand rapids. we're told firefighters had put out small electrical blaze in the company's office and left the scene.

a second fire reportedly broke out a little later. that one hit the ware how fast. >> it went quick. i have lived here going on six years now, that's something that i have always seen every time i have walked out my door. >> shepard: an investigation underway. florida. sheriff's deputies near tampa capturing a 7-foot alligator outside an elementary school. as you can see in this photograph, they used a lasso to grab him, then slapped some cuffs on him. >> we are actually trained to deal with gators. generally on a smaller size, you know, the 3 and 4 footers are pretty easy to deal with. >> shepard: they got this 7 footer as well. it's part of a fox watch across america. okay. let's say you are on vacation and you shared that information with all your friends on facebook. i'm going to the caribbean. i will be back in a week. stupid. somebody got robbed. that's next. [ male announcer ] you're at the age where you don't get thrown by curve balls. ♪

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cops in new hampshire have arrested these three men who reportedly used facebook to target and rob dozens of houses. houses owned by yiewfersz who posted where they were on vacation. earlier on "studio b," i spoke with a computer security expert she says watch your settings. >> the onus is really on you to go in there and make sure that your settings are private because if you don't, your profile is out there. most people can read what you are putting on there that's getting a lot of people in trouble. >> shepard: a facebook spokesman says the site had nothing to do with those crimes. "consumer reports" announcing on its blog that it still cannot recommend the iphone 4 after users complained about reception problems. those problems remained despite apple updating the software and offering bumper cases. that offer expires at the end of this month. updating fox top stories tonight, bomb threats forcing police in paris to evacuate the area around the eiffel tower and now a subway station near the notre dame cathedral. the american sarah shourd freed tonight after the government in

iran released her from a prison. but shourd's companions josh fattal and shane bower are still in prison there. voters across the state including the district of colombia casting ballots in all-important primary races. continuing coverage throughout the night on fox news channel and foxnews.com. and on this day in 1716, colonists in massachusetts fired up the very first light house in the united states. up until then, folks guided ships with bonfires on the shoreline. then came the boston light, which, at the time, was only -- was one of only 70 light houses in all the world. but things got off to a rocky start. the first keeper drowned while his family watched from shore. a few days later the second keeper drowned. and during the revolutionary war troops burned the boston light to the ground in less noe less than four times. in 1783, massachusetts rebuilt if and to this day the boston light still guides ships