

Rep. Bobby Scott (D-Va.) at the Democratic National Convention in Philadelphia on Wednesday, July 27, 2016. (Photo by Michael Robinson Chavez/The Washington Post)

While Sen. Tim Kaine (D-Va.), Virginia Gov. Terry McAuliffe (D) and Rep. Bobby Scott (D-Va.) are all lawyers, they likely don’t remember the third sentence in the obscure Section 24.2-504 of Virginia’s election code.

The second sentence says “[n]o person shall have his name printed on the ballot for more than one office at any one election.” This forces someone to abandon reelection for a lower office in order to seek election to a higher one.

But the third sentence provides an exception, rarely invoked, allowing simultaneous candidacies for two different federal offices in November.

Legislators likely didn’t intend to permit running for both the U.S. Senate and the House at the same time. But the statutory language is clear.

The result could be high-stakes politicking – if amateur historian Kaine does something truly spectacular to set the dominoes in motion.

In 1519, the infamous Spanish conquistador Hernan Cortes adopted Alexander the Great’s “burn your boats” strategy. Both having landed, outnumbered, on the shores of far more powerful enemies – the Aztecs and Persians, respectively – the two generals burned their ships. The troops got the message: We either win or die; there is no escape.

By stepping down from the Senate now – which would not be unprecedented – Kaine would electrify Democrats from Virginia Beach to Venice, Calif., with his “Beat Trump or Bust” strategy.

It would also give Scott a long-awaited opening to seek higher office, with Section 24.2-504 providing a path without his resigning from Congress.

Even Scott’s opponents concede he is the most qualified Democratic choice for U.S. Senate. But both Virginia and national Democratic Party leaders privately worry whether Scott is too liberal to hold the seat should Kaine be elected vice-president.

It’s similar to the argument made by many Democrats who opposed Doug Wilder’s 1985 nomination for lieutenant governor.

Back then, Ronald Reagan had carried Virginia by an astounding 25 percentage points over Walter Mondale. Today, the Clinton-Kaine ticket leads in the last Virginia poll by 12 percent. Scott appears electable in what looks like a Democratic year in Virginia.

A Kaine resignation, leading to a Scott Senate candidacy this year, would help Democrats in a number of ways:

Kaine’s “I am willing to sacrifice my career” to beat Trump message signals the anti-Trump constituency across America it is time to go all-in. Besides, if Trump wins, returning to the Senate would not be high on Kaine’s bucket list.

Scott’s candidacy joins the party’s top advocate for the urban base with its best candidate (Kaine) for swing suburban voters on the 2016 ballot. The move cements Virginia’s crucial 13 electoral votes in the Democratic column.

To the extent the bogus “too liberal” tag is freaking out Democrats, running in a presidential year gives Scott the straight-ticket voting advantage that helped Kaine in 2012. In recent years, the winning presidential candidate’s party likewise wins competitive Senate races 80 percent of the time.

A surprise Kaine resignation further discombobulates the already-fractured GOP. Rep. Dave Brat, the GOP anti-establishment hero, is certain to seek the nomination. He would be the nomination favorite, given GOP disarray.

Lastly, McAuliffe would appoint a caretaker to fill-in for Kaine until voters pick his successor in November. Why? This creates the illusion of a level playing field, undercutting GOP claims Scott got a special, unearned advantage.

We see “burn your boats” as high risk for Alexander and Hernan, but a no-brainer for Virginia Democrats, given the GOP’s Trump turbulence.

Norman Leahy is a political reporter for the American Media Institute and producer of the Score radio show. Paul Goldman is a former senior adviser to governors Doug Wilder and Mark Warner.