Brian Benjamin
The Gothamist reports state lawmakers approved legislation Monday that will allow former Lt. Gov. Brian Benjamin to be removed from the ballot ahead of the upcoming June primary election.
Governor Kathy Hochul signed the legislation Monday night, marking a major change to state election law that enables the Democratic governor to untether herself from a running mate currently under federal indictment. Benjamin resigned from his post nearly three weeks ago after being arrested on multiple corruption charges stemming from campaign finance violations.
Previously, the options for removing a candidate from the ballot after receiving a designation were limited. The person could be nominated for a different party position, or alternatively would need to move out of state or die before the ballots are printed.
Under the new law, any candidate can file paperwork to decline their ballot position if the individual faces state or federal misdemeanor or felony charges, or is convicted of a crime. But that paperwork must be filed before the deadline to certify the ballots, which happens this year on Wednesday, May 4.
The legislation was introduced last Friday, at Hochul’s request, and moved swiftly through Assembly and Senate committees on Monday before a lengthy floor debate and vote.
While it passed both chambers, a handful of Democrats joined Republican lawmakers in opposing the legislation, citing how it was crafted to explicitly address the current legal problems confronting Benjamin and the political ones facing Hochul.
The bill’s Senate sponsor, Liz Krueger, defended the bill on its merits. She said the law should not require a candidate who has been indicted and resigned from the office to be legally required to remain on the ballot.
While the bill received enough support to pass the Senate by a vote of 33-29, some prominent Democrats were among those who voted no including Deputy Majority Leader Michael Gianaris and Senator Zellnor Myrie of Brooklyn, who chairs the Senate elections committee.
State Senator George Borrello issued a statement calling the bill “brazen,” adding, “State law allows candidates for lieutenant governor to run and win independently from candidates for governor in the primary. There are two additional candidates for lieutenant governor on the ballot who have adhered to the law, worked to secure the needed signatures and who offer voters viable alternatives. There is no justification for allowing party bosses to manipulate the process, just weeks from the primary election.”
In the Assembly, the vote was 82-57.
That approval came after Republicans attempted to introduce an amendment that would change the effective date of the legislation to January 2023, as opposed to now, as the legislation is written.
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