Updated

Updated · NBC News · Aug 9

Banks Urges Max Miller to Quit 2026 Race as GOP Pressure Builds Before Monday Deadline

Updated

Updated · NBC News · Aug 9

Banks Urges Max Miller to Quit 2026 Race as GOP Pressure Builds Before Monday Deadline

Q: With the withdrawal deadline passed, what happens if an embattled candidate wins despite ongoing ethics and abuse investigations?

If a candidate misses the withdrawal deadline and then wins, the victory still counts unless a court or election authority removes the candidate from the ballot or invalidates the result. In Max Miller’s case, the reporting indicates Ohio Republicans missed the last practical window to replace him, so he is likely to remain on the November ballot even as the House Ethics Committee reviews the allegations. If he were elected and later chose to resign, or if he were forced from office after taking the seat, that would create a vacancy in the U.S. House. House vacancies are not filled by appointment; they are filled through a special election called under state law. Until that election is held, the district would have no voting representative in the House. An ethics investigation by itself does not block someone from running, winning, or being seated. The House can investigate a member-elect and, after seating, can punish or remove a member, but only after its own process. Criminal charges could change the political picture, but Miller has not been charged and denies wrongdoing. Practically, if an embattled candidate wins after the replacement deadline has passed, voters may still elect that person, and the next decision point shifts from the ballot to officeholding: serve while under investigation, resign voluntarily, or face possible House discipline. The immediate remedy is usually political or institutional, not electoral, once the ballot deadline has passed.

3 articles · Updated · NBC News · Aug 9

Jim Banks said Max Miller should drop his re-election bid and resign if domestic abuse allegations are true, making him the latest Republican to publicly urge the Ohio congressman to step aside.
Monday is the deadline to replace a candidate in Ohio, sharpening pressure on Miller as Republicans weigh the risk of losing a House seat while trying to protect their majority.
Emily Moreno, Miller’s ex-wife and Sen. Bernie Moreno’s daughter, accused him of throwing her against a wall, holding a gun to her head and throwing hot water on her; Miller denies the claims and faces no criminal charges.
Miller has vowed to stay in the race, sought a House Ethics Committee investigation and sued his ex-wife for defamation, while her lawyers moved to dismiss the case.
Tim Sheehy, Jon Husted, Katie Britt and Roger Marshall have also called on Miller to step aside, and a district event he was set to headline Monday was canceled over security concerns.