(The Center Square) – Rally Virginia, a conservative grassroots group, called on attorney general nominee Jay Jones to withdraw from the race; however, even if he steps aside, Virginia law makes clear his name would remain on the ballot.
The group posted on social media Tuesday that Jones should “do the right thing and drop out” after he apologized for a 2022 text messages that included violent references toward then-House Speaker Todd Gilbert and his family.
Rally Virginia said his rhetoric was “unacceptable from a public official.” The group has already endorsed Republican Attorney General Jason Miyares for reelection.
The group also pointed to Jones’ past controversies, including a 2022 reckless driving charge and a probation deal that required 500 hours of community service with his own political action committee, adding “Jay knows as well as we do that this was not legitimate service, and he believes the normal rules don’t apply to him.”
While the pressure campaign adds to calls for Jones to step aside, Virginia’s election process limits what would actually change this late in the contest.
Rebecca Green, co-director of the Election Law Program at William & Mary Law School, told The Center Square that state law does not allow parties to replace nominees once voting is underway.
“Ballots have already been printed and voting is underway, so any candidate who withdraws at this point will still have their name appear on the ballot,” Green said, citing Virginia Code § 24.2-612.2.
Green also added that if a withdrawn candidate still won the race, the seat would be declared vacant, and a special election would be held.
Brian Tynes, a spokesperson for the Virginia Department of Elections, confirmed the same. He said if a candidate withdraws after ballots are printed, their name remains listed. Notices would then be placed at polling places and early voting locations informing voters of the withdrawal.
Slips of paper would also be handed to in-person voters and included with mailed absentee ballots.
Tynes added that any votes cast for a withdrawn candidate would still be reported with results, but they would not count toward the outcome since the person would no longer be a qualified candidate.
Rally Virginia’s demand adds to the controversy, but Virginia law makes clear the ballot won’t change. Voters will still see Jones listed with Miyares.
