Traditionally, the office of the Attorney General of Virginia has been seen as somewhat above politics. While all elected attorney generals are politicians, they all try to at least present the appearance of being somewhat non-political during the first three and a quarter years of their terms. It is also a venerable tradition that the Attorney General of Virginia resign once they begin actively campaigning for their next elective office.
The reason for this is obvious: to keep parties to disputes from trying to influence the attorney general by making political contributions to them while they are still in office. Bob McDonnell honored this tradition when he stepped down last year to run full time for the office of governor.
Ken Cuccinelli has admitted that he is already actively campaigning for his next office, so by Virginia tradition he needs to step down from his office as attorney general. Too many of his actions have been nakedly political already and have been explicitly designed as part of solicitations for campaign funds. Cuccinelli is violating Virginia tradition by using his authority as attorney general to actively fundraise while in office. He must resign or cease fundraising activities that are explicitly tied to his duties as attorney general.
By his very own admission, Cuccinelli is actively campaigning. He is violating Virginia tradition that he as a conservative ought to respect. He should resign from office if he wishes to actively campaign and fund raise.
Hat tip: Blue Virginia