Home 2012 races Should Kaine fear Scott using an obscure VA law?

Should Kaine fear Scott using an obscure VA law?


By Paul Goldman

Former Governor Kaine may not be aware of a little known provision in the Virginia state law, one that I discussed with the Obama for President campaign on a very confidential basis, legal capacity kind of thing.

It’s my reflection of having written about it before, but perhaps not. When you ask people in politics in Virginia, they immediately say state law prohibits anyone from running for two offices at the same time.

That isn’t true. Here is one narrow exception hidden away in a little known provision of the Code of Virginia. Here is what the law says:

…a  candidate for federal or statewide office… may have his name printed on the ballot for two offices at a primary election.”

Congressman Scott could therefore run in both the 3rd district Democratic congressional primary and the statewide Democratic Senate primary assuming both were held.

Bottom line: As they in politics, Bobby Scott has a Get Out Of Jail free card to play next year if he so chooses.

What if he wins both nominations?

That’s for another post.

  • aznew

    reminds me of “a little-known codicil in the Faber College constitution which [gave] the dean unlimited power to preserve order in time of campus emergency.”

    All I’m saying is that didn’t work out too well for Dean Wormer.

  • Elaine in Roanoke

    What if he wins both nominations? The 3rd is a guarantee. The senate is an impossible mountain for him. (And I really like Bobby Scott)

  • Say What

    should get off his ass and declare … or not.

    Even the Freelance Star’s resident Democrat OpEd writer today laments that we don’t have anyone running (potentially) that is a true Virginian …. Having been born and raised here.

    I think Kaine’s dithering shows a general contempt for the state party and underscores a certain amount of arrogance (like George Allen … must be a post Governor thing).

    Anyhow …

    My advice to Kaine … LEAD, follow or GET THE HELL OUT OF THE WAY.

  • NWVirginian

    There is absolutely no reason for anyone to announce for the seat until they are prepared.  Why SHOULD Kaine announce now? As I said on another post – the fact that he hasn’t said ‘no’ is as good as any signal to me that he’s running.  But, there’s no use to make an official announcement until you are ready with a website, strategy, announcement plan, fundraising staff… There’s no need for a rush. At all.

  • So named for the guy who ran for a bunch of fairfax county and general assembly offices at one time.  He did poems too – “who could be nicer/than patsy ticer/but on crime she’s a softy/on taxes, she’s lofty” etc.

  • hrprogressive

    If the race were to be Scott v. Allen, I don’t think Bobby can overcome the right wing pandering Allen would surely do.

    Then again, Scott…being black…Obama being on ballot…being black…maybe that would help him? I don’t know, and I would hate for any candidate to win simply on the basis of anything other than qualifications, but I also am realist enough to know that things don’t work that way in practice.

    That being said, if Allen gets Teabagged out of the primary, I think Bobby Scott, a sane, rational, pretty damn good Congressman versus some crazy whackjob lunatic – running downticket from a sitting president…also in a year in which voters are probably swinging back to Dems/away from the Teatards…

    Yeah, that’s a plausible path to the Senate for Bobby Scott.

    That being said, I would give me left arm to Tom Perriello if he would run for Senate. He’s my #1-3 choice. Scott would honestly be ahead of Kaine at this point, but I’d take Kaine over a no-name (Krystal Ball comes to mind…)