[JURIST] Jury deliberations began Wednesday in the Scott Peterson murder trial. Judge Alfred A. Delucci gave about 45 minutes worth of instructions to jurors before sending them off to the jury room to decide whether Peterson killed his pregnant wife Laci Peterson. The five month old trial concluded as Peterson's defense attorneys argued in their closing statements that the lack of the authorities' ability to find the fetus' umbilical cord establishes doubt as to whether the fetus was born alive. AP has more. Court TV has video of the jury charge online.

[JURIST] The jury in the first criminal trial stemming from the Enron collapse returned a verdict of guilty against a former Enron Vice President and four Merrill Lynch bankers Wednesday. The five were convicted of fraud and conspiracy in connection with the inflation of Enron's profits through a deal to sell power-plant barges off the coast of Nigeria in 1999. A sixth defendant, a former Enron accountant, was acquited. The Houston Chronicle has more.

[JURIST] After 11 states voted Tuesday for bans on gay marriage, civil rights groups wasted no time Wednesday preparing legal challenges. Karl Olson, executive director of the gay-rights group PRIDE in Montana, said that this vote was only a "blip" in history, adding that the Constitution "isn’t going to be able to sustain this kind of restriction on civil rights.” Lambda Legal Defense Fund has already announced plans to file lawsuits challenging the states' new amendments, saying that these states have in fact written anti-gay discrimination into their laws. Gay marriage proponents are not, however, optimistic on the suits' success. AP has more.

[JURIST] Conceding the presidential race to George Bush Wednesday afternoon in a speech at Boston's Faneuil Hall, John Kerry said that the outcome of an election should be decided by the voters, and not by a "protracted legal fight." With a handful of states yet to be decided, Kerry and his advisors had realized earlier in the day that there were not enough outstanding ballots left to be counted to cover his 136,000 vote shortfall in Ohio. Kerry confirmed that he had called President Bush to congratulate him, and both agreed that something needs to be done about a divided country. AP has more.

UPDATE: A transcript of Kerry's speech is now online at johnkerry.com, replacing the campaign content of the website.

[JURIST] Impala, an organization representing 2,500 independent music companies, announced Wednesday that it would ask the EU's high court to overturn a decision allowing the merger of industry giants Sony and Bertelsmann (BMG). The merger, approved by EU regulators in July, and not opposed by the US FTC, would result in 80% of the world's music rights being owned by four large companies. Impala says the merger is antithetical to the principles of a competitive market. Impala is expected to file an appeal this month at the EU's Court of First Instance in Luxembourg. AP has more.

[JURIST] Democratic presidential nominee John Kerry will make remarks to supporters at about 1:00 PM ET at Fanueil Hall in Boston. Watch Live video will also be available via MSNBC. President Bush is scheduled to speak at 3:00 PM ET.

[JURIST] AP is reporting that John Kerry has called President Bush to concede the Presidential race.

UPDATE: ABC News is reporting that Kerry will make a concession speech at 1 PM ET in Boston. As early as this morning, the Kerry campaign had maintained that it would wait for all ballots to be counted in Ohio, but the Bush lead there looks increasingly insurmountable. ABC News has more on Kerry's concession.

UPDATE 2: According to the New York Times, Kerry conceded in a call to Bush at the White House, congratulating him and telling him that it was time to "unify this country." The New York Times has more.

UPDATE 3: CBS News is reporting that President Bush will give a victory speech at 3 PM ET.

[JURIST] AP is reporting that the Knesset has approved a compensation plan for Israeli settlers displaced by Prime Minister Ariel Sharon's Gaza withdrawal plan. AP has background here.

[JURIST] A preliminary hearing was held Wednesday for UK Trooper Kevin Lee Williams, who is charged with the murder of Hassan Sayyed in Ad-Dayr in south eastern Iraq in August 2003. Williams is expected to stand trial for the alleged killing at Old Bailey this spring. The charges were brought by UK Attorney General Lord Goldsmith after the commander of Williams' unit dropped charges against him, meaning he will be tried in a civilian court. BBC News has background and more.

[JURIST] A fourth US soldier charged in the Abu Ghraib prison abuse scandal has been found guilty. Spc. Megan Ambuhl pleaded guilty at a court-martial hearing over the weekend, her attorney said Tuesday, and she was docked a half-month of pay and reduced in rank to private. Ambuhl, who appeared in the background of some of the abuse photos from the prison, had reached a plea deal, pleading guilty for not reporting an incident in which a detainee was placed on a dog leash, and she continues to provide information to investigators. She was not considered as culpable as some other soldiers implicated in the scandal, and she received the lightest punishment yet of those court-martialed. Punishments have ranged from eight years to eight months in prison for those found guilty. JURIST's Paper Chase has ongoing coverage of the Abu Ghraib abuse scandal. The Los Angeles Times has more.

[JURIST] US soldier Charles Robert Jenkins, accused of defecting to North Korea when he disappeared while serving on the border in 1965, pleaded guilty to desertion during a court-martial Wednesday, and he was sentenced to 30 days in prison and dishonorable discharge. At the proceeding, Jenkins said he fled from his unit due to fear and that he taught English to North Korean soldiers, although he denied ever advocating the overthrow of the US. The proceeding brought to a close years of speculation about what really happened to Jenkins. He turned himself in to authorities in September after leaving North Korea to rejoin his wife and two daughters in Japan. JURIST's Paper Chase has background on the court-martial. The Far Eastern Economic Review has more on Jenkins' time in North Korea. AP has more.

[JURIST] A UN panel reviewing election results in Afghanistan has certified Hamid Karzai as the official winner, it was announced Wednesday. Karzai's victory had been previously announced by officials in the country, but the UN panel named to review complaints concluded that, although some irregularities and shortcomings in the election existed, none would change the outcome. Karzai received about 55 percent of the votes in the election, with the next closest candidate, Younis Qanuni, only garnering 16 percent. Results from the election are available here. BBC News has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Wednesday, Nov. 3.

The US Supreme Court will hear arguments in two cases today, beginning at 10 AM ET. In the first, Small v. United States (case summary from Duke Law School), the Court will consider whether a conviction in a foreign court qualifies for a law making it a crime for a convicted felon to carry a firearm. The ABA has merit briefs filed in the case. In Smith v. City of Jackson (case summary from Duke Law School), the Court will consider a circuit split over disparate impact claims under the Age Discrimination and Employment Act. The ABA provides merit briefs from the case.

The Florida Supreme Court will hear arguments in its review of a lower court ruling throwing out a $145 billion jury verdict against the tobacco industry. Documents filed in the case are available here. JURIST’s Paper Chase has background on the case.

The US House and Senate are in recess until Tuesday, Nov. 16.

Dutch Prime Minister Wim Kok will formally release a report on economic conditions in the EU, along with legal recommendations necessary to improve the bloc's economy. BBC News has a preview of the report to be released later today.

The Israeli Knesset is scheduled to hold a key vote relating to Prime Minister Sharon's plan to withdrawal from Gaza. The vote will determine compensation for Israeli settlers uprooted by the plan. A webcast of proceedings is available. AP has more.

At the International Criminal Tribunal for the former Yugoslavia, the trial of Momcilo Krajisnik continues, while the Enver Hadzihasanovic and Amir Kubura trial has been cancelled for today. Watch a webcast of the Krajisnik trial beginning at 3:30 AM ET (9:30 AM local time). The webcast is on a 30-minute delay for witness protection purposes. ICTY has background on the Krajisnik trial.

[JURIST Election Special] Bringing to a close JURIST's live all-night election coverage, here's an overview of some of the remaining issues as the nation awaits the final outcome of a tight presidential election.... Ohio remains the focus of the nation's attention this morning, as the election results have not been called there. Litigation over voting in the state remained unabated through the day, including a lawsuit over long lines in Franklin County that went to the 6th Circuit. The major legal issue in the Ohio election is provisional ballots and how they will affect the outcome there. Reports indicate that Ohio Secretary of State Kenneth Blackwell has said that provisional ballots will not be counted for 11 days. A final figure on the number of provisional ballots in the state is not yet available (the Secretary of State's office has this running tally), with some estimates as high as 250,000. The current vote margin has Bush ahead by 136,221 votes. Election Law @ Moritz has this analysis of the provisional ballot issue. The Kerry campaign has pledged not to concede until all votes are counted, which could result in a replay of some of the same issues as the 2000 election. The Federal Election Commission has more on the Help America Vote Act of 2002, which mandated provisional ballots for voters whose registration was in doubt.

UPDATE: Election Law @ Moritz has more on recount procedures in Ohio, which are set out in chapter 3515 of the Ohio Revised Code.

[JURIST Election Special] 7:53 AM ET - Election law specialists say Republicans or Democrats could file more vote-related lawsuits Wednesday. The threshold question in the Ohio race is whether there are enough votes in question to jeopardize the lead President Bush holds over Senator Kerry in the state. Ohio Secretary of State Kenneth Blackwell said early Wednesday that the number of provisional ballots in the state could be as high as 250,000, or much lower. Jennifer Palmieri, a spokeswoman for Kerry in Ohio, said: "We think that a good bit of those voters will be our voters." The Bush campaign has dismissed this claim as "desperate." AP has more.

Meanwhile, lawyers sent by the parties to other battleground states had very little to do, as the voting process there was relatively uneventful. In Florida, as noted earlier in JURIST's Paper Chase, the American Civil Liberties Union asked that Florida absentee ballots mailed within the United States be subject to the same deadline, Nov. 12, as overseas ballots.In Pennsylvania, Republicans went to federal court Tuesday to get a list of everyone who received an absentee ballot and to ask for more time to investigate whether any absentee ballots are illegitimate.

[JURIST Election Special] 7:12 AM ET - CNN is reporting that ten of the eleven gubernatorial races across the country have been called; Washington is too close to call at this time.

GOP Governors include Indiana's Mitch Daniels over Democrat Joe Kernan, and North Dakota Republican Governor John Hoeven over Democratic challenger Joe Starom. In Vermont, Republican Governor Jim Douglas won over Democratic challenger Peter Clavelle. In Missouri, the Republican Secretary of State, Matt Blunt, led Democratic State Auditor Claire McCaskill. Finally, in Utah, it was Republican Jon Huntsman over former law school dean Scott Matheson, a Democrat.

Democrats took the Governor's office in West Virginia (Democrat Joe Manchin won over Republican Monty Warner) and North Carolina, where Democratic Gov. Mike Easley won a close race against Republican Patrick Ballantine. In Montana, Democrat Brian Schweitzer prevailed over Republican Secretary of State Bob Brown. In New Hampshire, Democratic businessman John Lynch won over Republican incumbent Craig Benson. In Delaware, Democratic Gov. Ruth Ann Minner led Republican challenger Bill Lee.

Washington state is still too close to call.

Priot to Tuesday's vote Republicans held 28 governor's mansions and Democrats 22, and political pundits predicted there would be little if any shift in that balance of power. CNN has more, including candidate profiles.

[JURIST Election Special] Updated results are now available on several ballot initiatives followed during tonight's election coverage on JURIST's Paper Chase:

Alaska voters considered a measure legalizing marijuana. An early lead for supporters of legalization evaporated as more returns came in. With 96% of precincts reporting:

Yes - 103,440 (43%)
No - 136, 218 (57%)

Oregon voters considered Measure 35, limiting damages in medical malpractice. With 88% of precincts reporting:

Yes - 735,068 (49.95%)
No - 735,563 (50.05%)

California voters considered Proposition 66 (limits on "three strikes"), Proposition 69 (DNA sample collection) and Proposition 71 (bonds for stem cell research). With 92% of precincts reporting, it appears that the DNA sample and stem cell research measures have passed but that California will not be limiting its current three strikes law. An almost even split on the issue ultimately turned to "No" as the ballots were counted:

66 (3 Strikes Limits): Yes - 4,314,263 (46.9%); No: 4,876,217 (53.1%)
69 (DNA Samples): Yes - 5,549,821 (61.7%); No: 3,451,515 (38.3%)
71 (Stem Cell Research): Yes - 5,443,799 (59.3%); No: 3,738,259 (40.7%)

Nevada voters decided questions on penalizing lawyers involved in frivolous lawsuits and voting by "idiots or insane persons."

Question 5 (penalizing lawyers): Yes - 292,548 (36.12%); No: 494,598 (61.06%)
Question 7 (voting by "idiots"): Yes - 416,272 (52.53%); No: 349,955 (44.16%)

State constitutional amendments banning same-sex marriage (and in some states, civil unions) passed in all 11 states considering the issue. Opponents to the amendments were most hopeful that the measure would be defeated in Oregon, but the latest results, with 88% of precincts reporting, show:

Yes - 862,945 (57%)
No - 655,055 (43%)

[JURIST Election Special] 6:23 AM EST - Lawyers for President Bush headed to Ohio early this morning, which will most likely be the scene of a court battle over the of tens of thousands of uncounted ballots cast by people who would otherwise have been turned away from the polls for not being on the voter rolls. Democrats have thousands of lawyers in Ohio already. AP has more. Read an analysis of provisional ballots issue in Ohio by Daniel Tokaji at Moritz College of Law.

6:31 AM EST - White House Chief of Staff Andrew Card has claimed that the "President has won the state of Ohio." Democrats refuse to concede defeat there.

6:33 AM EST - As reported earlier, Republicans have renewed their majority in the House, extending their decade-long hold on that body for another two years. CNN is reporting that Republicans now hold 228 seats (218 needed for the majority); Democrats have 199. In the Senate, CNN projects a stronger Republican grip. If the projections hold, Republicans would have 55 seats, the Democrats 44 and one independent.

[JURIST Election Special] 6:00 AM ET - Election overview: CNN has projected Kerry wins in California, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, Hawaii, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.

Bush has been projected to win Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.

In the balance:

• Ohio - Secretary of State Ken Blackwell says that, by law, provisional and absentee ballots would not be counted until 11 days after the election.
  
• New Mexico - amidst heavy turnout, that state will not release presidential election results until later Wednesday because thousands of absentee ballots remain uncounted, according to a spokesman for the secretary of state.
  
• Iowa - here there were reports of broken machines, a delay in opening absentee ballots and apparent fatigue. This will delay a report of the final count until some time Wednesday, elections officials have said. The secretary of state's office reported a record 441,911 absentee ballots had been returned by late Tuesday afternoon.

[JURIST Election Special] 5:46 AM ET - AP is reporting that White House Chief of Staff Andrew Card has asserted that President Bush has won in Ohio and has won re-election. President Bush himself has not make an appearance, although one had been anticipated earlier.

5:57 AM ET - CNN quotes Card as saying "we are convinced President Bush has won reelection with at least 286 Electoral College votes."

[JURIST Election Special] 5:37 AM ET - The tally of provisional ballots cast in Ohio has climbed to 135,149, according to the OH Secretary of State website, now exceeding Bush's lead over Kerry in the state. Bloomberg has more on the impact of provisional ballots in Ohio.

[JURIST Election Special] 5:00 AM ET - NBC is reporting that New Mexico elections officials have stopped counting ballots for the night. With 99% of precincts reporting:

Bush - 333,525 (50%)
Kerry - 322,571 (49%)

Earlier this morning, there were reports that Bush would declare victory in the election if New Mexico is called for Bush.

5:05 AM ET - Some voters in Ohio counties were confused about whether or not they could vote for Ralph Nader, according to a Columbus Dispatch report. Nader was ordered off the ballot over a month ago, but his name appeared on Ohio ballots. Some elections officials decided not to remove Nader's name from the ballot, but others decided to cover the name.

5:12 AM ET - Election Law @ Moritz now has analysis of how and when provisional ballots will be counted in Ohio. Ohio Secretary of State Ken Blackwell issued a directive last week on provisional ballots. The clarity of the directive is the subject of a lawsuit filed Tuesday (Schering v. Blackwell - complaint here [PDF]).

[JURIST Election Special] 4:46 AM ET - AP is projecting that Kerry has carried Wisconsin, with its 10 electoral votes. This bring electoral college totals to Bush, 271 (including OH and NV) and Kerry 252.

[JURIST Election Special] 4:30 AM ET - Provisional ballots cast in Ohio now total 95,649, according to the OH Secretary of State website. Current results in Ohio:

Bush 2,747,992 (51.36%)
Kerry 2,576 459 (48.16%)

Bush leads by 171,533 votes in Ohio.

4:42 AM ET - The Cincinnati Enquirer is reporting that Ohio Secretary of State Ken Blackwell has estimated that 175,000 provisional ballots are outstanding. The Enquirer also reports that with 99% of precincts reporting, Bush leads Kerry by about 144,000 votes.

[JURIST Election Special] 4:07 AM ET - Kerry Campaign Manager Mary Beth Cahill has released a statement on the Kerry-Edwards website that "The vote count in Ohio has not been completed. There are more than 250,000 remaining votes to be counted. We believe when they are, John Kerry will win Ohio."

4:12 AM ET - Current projected electoral college totals: Bush 271 (including OH and NV), Kerry 242. Remaining uncalled states (ECV): Wisconsin (10), Iowa (7), New Mexico (5). Iowa has stopped counting votes for the night.

[JURIST Election Special] 4:00 AM ET - AP is reporting that Democrat Tom Daschle has been defeated by Republican John Thune in the South Dakota Senate race, marking the first time in 52 years that a party leader has been defeated.

[JURIST Election Special] 3:38 AM ET - CBS News is saying that sources inside the White House say that if New Mexico is called for Bush, Bush will declare victory in the Presidential election.

3:52 AM ET - NBC News reports that the two Senators from Ohio, both Republican, have called on Kerry to concede the election.

[JURIST Election Special] 3:00 AM ET - As OH precinct reports come close to 100%, the conventional wisdom seems to be that the Bush margin of victory may outstrip the number of potential Kerry votes to be found in provisional ballots. The OH Secretary of State has announced that they will begin counting the number of provisional ballots at 10 AM.

3:15 AM ET - AP calls Nevada for Bush.

3:16 AM ET - Iowa has stopped counted for the night. With 98% of precincts reporting:

Bush - 733,506 - 50%
Kerry - 720,973 - 49%

3:25 AM ET - According to OH law, provisional ballots will not judged for validity until 11 days after the election. Once all valid votes are counted, if the race is within 1/4 of 1% of the total vote, and automatic recount occurs. Given the heavy usage of punch card voting machines in OH counties, should a recount occur, the US will once again be looking at "chads". More on OH election law and various outcome scenerios at the OSU Moritz College of Law site here.

[JURIST Election Special] 2:35 AM ET - With 95.19% of precincts reporting in OH, the totals are:

Bush - 2,668,988 - 51.325%
Kerry - 2,506,083 - 48.19%
Difference: 162,905

According to the OH Secretary of State website, only 36,932 provisional ballots had been issued to counties before the election. The OH Secretary of State does not believe that the number of provisional ballots ultimately number more than 100,000.

2:42 AM ET - NBC News calls Hawaii for Kerry.

2:49 AM ET - CBS, Fox and CNN call Michigan for Kerry.

[JURIST Election Special] With over 101 of 119 precincts now reporting in Alaska, the breakdown on that state's Proposition 2, legalizing marijuana, is running significantly in favor:

YES 46087
NO 33569

Read a backgrounder on Proposition 2 here [PDF].

In Oregon, the lead in the Measure 35 vote on limiting damages in medical malpractice cases has shifted back to the YES side, but it's still too close to call:

Yes Votes 627,719 50.24%
No Votes 621,692 49.76%

In the meantime the state's same-sex marriage ban appears to be on its way into the constitution:

Yes Votes 723,517 56.55%
No Votes 555,997 43.45%

In California, over 46% of precincts are now reporting. The breakdown of votes for Propositons 66 *limits on "three strikes"), 69 (DNA sample collection) and 71 (bonds for stem cell research) is:

66 3 Strikes Limits 2,432,006 50.6 2,379,019 49.4
69 DNA Samples 2,941,383 62.4 1,777,612 37.6
71 Stem Cell Research 2,851,776 59.4 1,950,753 40.6

Obviously Proposition 66 is way too close to call at this time.

[JURIST Election Special] 2:00 AM ET - AP is reporting that Republicans have picked up at least 3 Senate seats, including the one held by Daschle of South Dakota. AP is also projecting a possible total of 232 for Republicans in the House.

2:15 AM ET - Kerry camp announces that it will not concede as long as ballots remain to be counted. They point to the races in OH, IA and WI as being too close to concede tonight.

2:18 AM ET - JURIST commentator Professor William Ross of Alabama's Cumberland Law School, Samford University William Ross writes: "Here's why Bush is almost certain to win Ohio: With only 200,000 votes uncounted, Bush leads by 120,000, which means that Kerry would need to win 80 percent of the remaining votes (160,000 to 40,000) in order to pull ahead. Since nearly all the precincts from heavily Cuyahoga County have now reported and the uncounted votes are mostly in Hamilton County, where the vote is divided, this is unlikely."

2:20 AM ET - Current projected electoral college totals: Bush 269 (including OH), Kerry 221. Remaining uncalled states (ECV): Michigan (17), Wisconsin (10), Iowa (7), New Mexico (5), Nevada (5), Hawaii (4).

2:27 AM ET - Edwards speaking to supporters in Boston: "We've waited four years...we can wait one more night...". He said the campaign would insist that "every vote count, and every vote be counted".

2:29 AM ET - JURIST commentator William Ross writes: "New Mexico almost surely will fall to Bush because Bush has a lead of 30,000 with only 35,000 votes uncounted. Kerry would therefore need to win at least 85 percent of the remaining votes there. Bush is likely to carry Iowa because he leads there by 11,000, with 60,000 uncounted. Kerry would therefore need to win 60 percent of the remaining votes."

[JURIST Election Special] 1:52 AM ET - CBS News has called Minnesota's 10 electoral votes for Kerry.

[JURIST Election Special]1:00 AM ET - NBC News has called the 20 electoral votes of Ohio for Bush, putting the election as a whole heavily in his favor.

1:03 AM ET - NBC News has called Alaska for Bush, adding its 3 electoral votes to his total, putting him at 269, 1 shy of the 270 needed to win.

1:17 AM ET - Fox News has joined NBC News in calling Ohio and Alaska for Bush.

1:22 AM ET - CNN.com has called New Hampshire for Kerry, adding its 4 electoral votes to give him a CNN projected total of 200.

1:30 AM ET - NBC News has called Washington state for Kerry, adding 11 electoral votes to his total.

[JURIST Election Special] Ohio Secretary of State J. Kenneth Blackwell has nullified 233 punch card votes after a poll worker, attempting to relieve voting congestion, took a punch machine from Precinct 3B for his Precinct 3A voters. The ballots for the two precints are different however, with different candidates at the top of the ballot in each precinct. Jake Fashner, a spokesman for Blackwell, said that copies of the ballots would be used for local tax issues; none of the candidate votes will count. The Dayton Daily News (registered site) has more.

[JURIST Election Special] 12:23 AM ET - ABC News has called Colorado's 9 electoral votes for President Bush.

12:35 AM ET - ABC News has projected the final electoral vote from Maine for Senator Kerry. The state divides its electoral votes according to district and earlier a single district had yet to finish its reports. Kerry now has been given all 4 of the state's electoral votes.

12:48 AM ET - Ohio Secretary of State Ken Blackwell said the state's provisional ballots cannot be counted until 11 days following the election. Thus, if the difference between the two candidates is less than the number of provisional ballots, Ohio's 20 electoral votes would take almost two weeks to assign.

12:55 AM ET - ABC News has called Washington for Kerry, adding its 11 electoral votes to his total.

[JURIST Election Special] Oregon's Measure 35, a tort reform amendment that would limit damages in medical malpractice cases, is on a knife edge at this hour. The "No" votes have overtaken the "yes" votes, which led in early returns. Here are the latest figures from the Oregon Secretary of State's website:

Yes Votes 428,171 49.44%
No Votes 437,919 50.56%

Support is still strong, however, for Measure 36, the same-sex marriage ban:

Yes Votes 491,390 55.36%
No Votes 396,178 44.64%

In California, Propositions 66, 69 and 71 are still leaning "Yes". 69 and 71 seem almost certain to be adopted at this stage. With 9% of the precincts counted, here's the breakdown:

66 3 Strikes Limits 998,449 55.9 790,290 44.1
69 DNA Samples 1,180,327 66.8 586,809 33.2
71 Stem Cell Research 1,091,643 60.1 725,710 39.9

In Hawaii, we have early returns that suggest strong support for making information on sex offenders public:

YES 88,539 70.0%
NO 24,507 19.4%

Hawaii's Amendment 2 on rights of crime victims is also leaning towards passage:

YES 62,938 49.7%
NO 46,174 36.5%

In Nevada, we now have returns for Questions 5 and 7 on the state ballot. Interestingly, Question 5 appears to be headed for defeat. Here's the text:

Shall the Nevada Constitution be amended to penalize lawyers willfully involved in vexatious and frivolous litigation, and to prohibit certain changes to limits on recovery of monetary damages?

Shall the Nevada Constitution be amended to change the provision that prohibits an "idiot or insane person" from voting to refer instead to "a person who has been adjudicated mentally incompetent, unless restored to legal capacity" and to repeal a provision relating to the election of United States Senators by the Legislature that was made obsolete by the adoption of the 17th Amendment to the United States Constitution?