Rep. Max Miller’s Withdrawal Window Closes in Six Days

Under Ohio law, August 10 is the deadline for the embattled congressman to withdraw if Republicans want to replace him on the ballot.

A photo collage of a young Caucasian man in a suit in black and white against a red square.

Embattled Rep. Max Miller reportedly got a call from President Donald Trump this week, telling him his race was "not looking good" following recent Mother Jones reporting on alleged domestic violence.Andrew Harnik/AP

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Facing allegations of domestic violence against ex-wife Emily Moreno, Rep. Max Miller (R-Ohio) said via livestream on Sunday that he has no intention of withdrawing his name from the November ballot.

“I’m not getting out of this race, and I’m winning in November,” Miller said.

His comments come a couple of weeks after Mother Jones published an article, based on thousands of pages of court filings and police records, detailing allegations of assault, misogyny, and verbal threats by the two-term congressman. In the records, Moreno accuses Miller of scalding her with hot water, shoving her against a wall, and holding a gun to her head. We also reported that, according to police records and legal documents, Miller has been accused of getting violent with other women, including a woman he allegedly pushed down the stairs in high school and an unnamed woman who he is accused of assaulting in college. (Miller has strenuously denied Moreno’s claims, as well as allegations of assaulting other women.)

Many of the allegations are contained in court documents Moreno filed weeks ago amid her messy custody fight with Miller, but only recently have Republican lawmakers called for Miller to withdraw from his race. This includes Miller’s ex-father-in-law, Sen. Bernie Moreno, who issued a sharp rebuke of his fellow Ohio Republican on Sunday.

“As he has admitted privately, Max Miller needs serious psychological help. He is a danger to my daughter, and I hold my breath every minute he has custody of my granddaughter,” Sen. Moreno wrote in a social media post. “If there are any basic standards of character required to hold elected office, Max Miller fails them. He should not serve in the House of Representatives.”

Sen. Shelley Moore Capito, a West Virginia Republican, told Politico she agreed. “I don’t know [Miller],” she said. “I haven’t read a whole lot about him, but if [Moreno] thinks he ought to resign, I’m supportive of that.”

Sen. Roger Marshall of Kansas also condemned Miller. “He should resign. He should quit,” Marshall said, according to Politico.

The Democratic Women’s Caucus called for an official House Ethics investigation last week. Today, Miller personally requested an ethics investigation into himself to help clear his name.

“In light of all the renewed interest in my family affairs, I am going to file my own paperwork for an ethics investigation into myself. I have absolutely nothing to hide.”

“In light of all the renewed interest in my family affairs, I am going to file my own paperwork for an ethics investigation into myself,” he said on X. “I have absolutely nothing to hide.”

But as the calls for Miller to step aside get louder, Republicans are running out of time to replace him on November ballots. Ohio statute dictates that if a primary winner is to be replaced on the ballot by another Republican, Miller would have to withdraw and a new candidate would need to be named “not later than four p.m. of the eighty-sixth day before the day of the general election.”

That’s next Monday afternoon.

If Miller were to withdraw by tomorrow, there would be a special election to name a new Republican candidate. If he withdraws after that but before Aug. 10, local party officials would instead get to pick Miller’s GOP replacement.

The seat is of particular importance to Republicans, who possess a slender majority in the House and counted on Miller’s district as safe GOP territory.

Former Republican Ohio Attorney General Dave Yost hinted at the impending math equation in a recent social media post. “I am concerned about the allegations against US Rep Max Miller. Given the narrowness of control of the US House, it is much bigger than one race for one House seat,” he wrote on X Monday.

Axios also reported this week that President Trump called Miller on Monday and expressed concerns about him staying in the race. On the call, Trump reportedly told Miller that “things aren’t looking good.” 

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