When asked about whether Jay Jones, a candidate for Virginia attorney general, should step back from the race after revealing violent text messages, many within the Democratic Party have either chosen to stay quiet or have criticized his messages while vaguely supporting his campaign.
This situation seems to indicate that Democrats are somewhat hesitant about finding a replacement for Jones against the Republican incumbent, Jason Miyares, and whether such a change is even feasible legally.
Fox News Digital reached out to Virginia to discern the potential implications of the Jones controversy, particularly if they’d have to deal with ballots as the situation unfolds.
‘Consumed by hate’: Winsome Sears, Jason Miyares criticize Democrat Jay Jones over violent texts
Unlike states like Pennsylvania, which has the Secretary of the Commonwealth manage election matters, Virginia operates its own election bureau to oversee these activities.
According to elections officials who spoke with Fox News Digital, there are three relevant provisions in Virginia law that pertain to this type of scenario.
One provision, Code 24.2-612.2, allows candidates to withdraw from races at any time, but requires that they remove their names from the ballot within 60 days of the election.
WATCH: Kaine defends Jones after candidate’s texts alluding to murder of Republican leader: ‘Still a supporter’
This means that although Jones could resign amid the backlash, Democrats would not be able to officially nominate a new candidate for the ballot.
Moreover, since early voting in Virginia starts earlier than in many other states, with ballots already being cast by late September, any votes cast for Jones would still count for him, even if he decides to withdraw. This could unintentionally benefit Miyares.
As of Wednesday, early voting numbers in Virginia were notably lower than those from 2021, according to available reports.
‘Staggering’ silence: Democrats face backlash for remaining quiet about candidate’s violent fantasies
The breakdown of voters by party remains undisclosed, though historically, Democrats have favored Republicans in supporting mail-in and early voting measures.
At that point, over 420,000 votes had already been cast either in person or by mail this season, compared to about 225,000 in 2021.
If Jones does resign, he would still be counted as a candidate under Virginia Statute 24.2-612.1.
If a candidate withdraws after ballots have been printed, local election offices must inform voters at polling places that the candidate has withdrawn.
A notice will also be disseminated at polling stations and included with mail-in ballots alerting voters about the candidate who has stepped down.
Even if Jones formally withdraws, the votes for him will still be counted as he will be labeled a withdrawn candidate, though election officials will not tally those votes.
Democrats rallied around a candidate who fantasized about killing Republican senators
Hence, Democrats could technically post notices at polling locations indicating their preferred candidate to take over for Jones.
Write-in candidates are permitted in the attorney general race, so should Jones withdraw, Democrats might consolidate around a new candidate in hopes of capturing more late-breaking and on-the-day votes than Miyares and Jones.
Historically, only a handful of write-in candidates have succeeded in Virginia, particularly in non-competitive races.
In recent memory, only two candidates lacking names on the original ballot have won elections in competitive contexts.
One notable instance is Virginia Del. Nick Freitas, a conservative, who took the 2019 election despite missing a deadline to submit his candidacy paperwork, winning around 58% of the vote.
Freitas had once unsuccessfully contended against the current Democratic gubernatorial candidate Abigail Spanberger for the seat occupied by Rep. Evgeny “Eugene” Vindman.
In the 2018 Republican Senate primary, he narrowly lost to Corey Stewart, who would eventually lose to Sen. Tim Kaine, a Democrat.
Another notable write-in case involved Brunswick County School Board Member Timothy Puryear in 2023.
