kpix 5. right now on kpix 5, it's a first alert weather day with the bay area getting a soaker. the rain has made a mess of the streets. how long before we dry out? and it's also election day.

voters take to the polls to decide on big races and measures. good afternoon to you. i am amanda starrantino. we'll start with the weather, a soaker across much of the bay area. milpitas got steady rain through the morning hours, pretty heavy at times, too, and check this out. wow. in the south bay, the driver his to deal with a lot of street flooding, a messy commute all morning long around san jose. at the same time in the east bay, it was very soggy before the sun came up, and there are still some showers at this hour. thank you, amanda. we were both chatting about this before the show. it was a hectic commute to work, dealing with power outages and those in the low-level areas, they were dealing with a flood advisory

all the morning long extended until 2:45:00 p.m., and keep that in mind. over half an inch in san jose and santa clara and even higher numbers in the east bay. this is the cold front that is why daytime highs today are only in the low 50s throughout the bay no matter where you live. the heavy pockets of rain pushing past fremont and close to dublin, expect showers shortly. we'll pinpoint the local area coming up for you but now, back to you. we made it to election day. voters across the bay area and across the country are weighing in on key leadership and key issues affecting all of our

communities. governor gavin newsom voted a little while ago, wearing a business suit and walked into the polling place in sacramento. newsom is expected to win by a large margin. he campaigned for democrats and for and against several state propositions. and cindy chavez running for mayor of san jose filled out her ballot in a booth and turned it in as journalists looked on. chavez is the current supervisor. cbs-5 reports that the race for san jose mayor is one of the biggest contests in the south bay and the info that you need on getting your vote counted today. >> reporter: inside the

registrar of voters' office in santa clara county. this year, workers are coming in and are business. and this is after the ballots have been verified. and i want to show you over here this is where they will escort your ballots before they are counted. and there was early voting underway in santa clara county. there are more than 100 vote centers to vote in person located throughout the campus and more than 100 ballot drop boxes that you can drop off your ballots here and throughout the county as well. to find out where the locations are you can go to sccvote.org. and we are told that third% of registered voters have already voted through the mail-in ballots. they are expecting around 55 to 65% voter turn out for santa clara county. and

that is higher. so we'll have to wait and see. but for now, i'll send it back to you. >> jocelyn, thank you. and voting is going on in polling places across contra costa county. this is from the clerk recorder in martinez. officials say it's crucial to exercise their right to vote. >> it's very important to vote and make their opinions noted. >> as for mail-in voting, contra costa county is reporting that 1/4 of mail-in ballots that officials sent out have been returned, 177,000. the latino vote could prove pivotal in the election with as 13 as three million latinos casting ballots. an outreach foundation said that they care about many of the same issues

as the broader electorate. >> housing and homelessness, and what we are seeing is they are active. they are look to address a lot of the issues and depending on the out comes, latinos will make a difference because they are living with the issues like everyone else. >> they are, and california is leading the way. a diverse group of local and national lawmakers could benefit everyone. >> big wins. >> reporter: voting in this year's election marks a significant moment for the political director for equality

california as well as the lgbtq+ community. >> there is a lot of optimism. >> reporter: a record number of lgbtq+ candidates are on the ballot, and not just in california. this year, it's a tangible significance that could result in high stakes out comes. >> it's critical, absolutely critical and just speaking to the san francisco experience, what we saw here was during the monkeypox crisis that happened in past summer, having queer people at the table and in positions of power to advocate for the community in ways that frankly, oftentimes, only the elected officials can do and really change the trajectory and save people hospital time and potentially, their lives. >> reporter: 165 out lgbtq+

people are running for office. >> they have so many queer people on so many ballots -- ballots across the country, ballots on every state. that is really remarkable, and here in san francisco, we were in the forefront. >> reporter: after coming out in high school, he came out quickly in politics serving as the president of the harvey milk camera club. he said that the record-setting numbers are crucial to achieve equality for the lgbtq+ community. >> the more people who feel themselves represented in government, the more they feel like there is space for them to step up and run for office and make that impact. >> control of the u.s. congress is at stake in the mid-term

election. the cbs news battle ground tracker gives the republicans the edge to win the house while the u.s. senate is considered a toss up. debra alfarone reports from washington. >> reporter: streaming into the polls, the state senate races on a razor's edge. >> extraordinarily concerned about the country. >> reporter: fetterman in a race against mehmet oz. >> we want a clear message with less radicalism and more balance. >> women are asking about the direction of the administration. >> i feel like ohio wants to move in the direction of sanity and feeling and reconciliation. i want to be part.

>> reporter: if the gop gets their victories, this will complicate things for president biden and his agenda. democrats picked up momentum after the supreme court overturned roe v. wade but many have turned their attention to inflation and crime and turned the governor's race to an unexpectedly close contest. >> i want to lead with the sense of optimism. >> reporter: the justice department sent monitors to states hoping to watch for signs of disruption at the polls. debra alfarone, cbs news, washington. >> be sure and stay with us. we'll have all of the local races streaming on cbs news bay area. coverage begins tonight at 5:00. still ahead at noon, it's a battle between lawmakers and the tobacco industry. we'll look at both sides of prop 31

dealing with flavored tobacco in california. after a delayed drawing and

final say on prop 31 would uphold the law banning the sale

flavored tobacco products saying that it would protect kids from the harm of addiction, and opponents say that it will hurt small business owners. >> reporter: this premed student at uc berkeley from the east bay is short free time as exams approach but using an hour here and there to spread the word on yes on prop 31. >> we're going to promote yes on 31 to prevent cancer in kids. hi. vote yes on prop 31. >> reporter: she got involve with a fundraiser for the american cancer society in high school. she convincing the youngest vote tories stop the sale of flavored tobacco products in stores and keep them from people her age and younger. >> they are looking for other ways to get it. >> reporter: 80% of kids who use tobacco started with

flavored products. health officials call young people using e-cigarettes an epidemic >> a lot of people don't have the education of how it will lead to cancer. >> reporter: but this 20-year smoker quit and using vaping products. the impact led to him opening a vape shot. while many communities have banned flavored tobacco, but the store is in the area where it's still legal. >> it's just hurting people that legitimate. >> reporter: he believes it will only create illegal sales and create more crime and said that regulations in place make the products safer when sold at places like his store. >> it will get people to smoking cigarettes again and put us out of business.

>> reporter: he said it's not correct that it's specifically targeting underage users and opponents say it will lead to a loss of $1 billion in tax revenue in four years but supports say that the same amount of money could be saved with the drop in tobacco-related healthcare. >> if i don't sell the flavors, what am i going to sell? >> reporter: putting the argument of prevention against prohibition this november. kpix 5. let's check in on wall street on this election day. the dow's up in the green at 315 points, similar to yesterday heading into election day. we know the winning 2 there billion powerball ticket is right here in california and sadly not in the bay area, none of us here at kpix. and it's in l.a. county, and three other

tickets, one in san francisco matched five numbers, worth $1.1 million each. so if anyone wants to share. okay. the numbers are 10, 33, 41, 47, 56, and the powerball number is 10. last night's $2 billion drawing had to be postponed because of a technical glitch. one of the participating lotteries needed more time to complete necessary security protocol. we just wanted to know. i know, but, hey on the right side if you don't mind amanda's emails you can find mine online. whichever one you find first. >> we can share, and the rainfall, that was necessary, too. and we needed it, we will still be seeing it. the daytime highs, chilly, low 50s throughout the bay area. the

cold front has made a huge impact on us. and the santa clara valley is under a flood advisory until 2:00 this afternoon and be cautious of flash flooding. heavy pockets of rain pushing off into the east, fremont just saw that, and we are seeing more to add to that and concord, light drizzle, and santa rosa, a similar trend and take a look at what to expect as we head into the afternoon. this will break apart but on the right side, they are breaking a bart less conductive activity meaning not a lot of lightning or thunder. and the rain so far, look at the numbers, over 1.5-inch in santa clara, and

chilly this afternoon, 10 to 15 degrees below average with the cold front. so it's a chilly day indeed. make sure you bring your jacket or have your boyfriend close by to steal his. and we are expecting a cooling trend for the weekend. the temperatures are below average. but on the bright side, we have sunshine around the corner as we head into thursday's forecast. daytime highs, mostly in the low 60s. amanda? >> all right. thank you. and still ahead, who the 49ers just put back into the mix after their bye week. and watch us any time anywhere on our streaming service cbs news bay area. catch all of our live newscasts. you can find us on the free

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night's game. and now, more help is on the way. this is the volkswagen red

and gold report. the 49ers got back to work on monday, and that included three key players on injured reserve. they expect to play on sunday against the chargers, staying in santa clara to rehab injuries. and they were excited to have more company in the locker room on monday. >> everyone is coming through, and i want to get back and celebrate something, and i want to get back out there. oh, i'm ready. >> with the red and gold report, i'm vern glenn. coming up, you know him as captain america. we'll tell you about chris evans

right now, and the heavy storms are pushing off to the east. this is just past fremont for our friends closer to san jose. we are seeing a break right now, but that shower activity will continue to push their way in all throughout this afternoon. we'll see it taper off heading into the wednesday forecast. before we go, a quick pause from the rainy weather and election to tell you about

actor chris evans' newest badge of honor. he has been named people magazine's sexiest man alive. it was announced on the late show and on the magazine's website. evans said his mother will be so happy and this is something she can really brag about. absolutely. >> that's a big deal for him, too. and i saw him earlier. >> he need a crown. >> yeah. come on, chris, captain america. congratulations, and stay dry out there and don't forg

[ ominous instrumental ] >> hope: this-- this cannot happen. thomas, you can't try to kiss me. i'm married to liam. ♪♪♪ i'm not here right now, so just leave me a message. [ beeping ] >> liam: hey, hope. it's-- it's me. um, would you just-- would you call me when you get this? i-- honestly, i just wanna know you're okay. ♪♪♪