ALBANY, N.Y. — Gov. Kathy Hochul signed legislation that gives her disgraced Lt. Gov. Brian Benjamin a legal path to get off the state's primary ballot. Hochul's signature came almost immediately after the Democratically-controlled legislature got it passed despite a limited timeline and political criticism.
The law allows any candidate for local, state, or federal office to remove themselves from a ballot if they have 1) had an accusatory instrument filed against them in state court 2) had a criminal complaint or indictment filed against them in federal court or 3) been convicted at any time after they are designated or nominated.
When former Lt. Gov. Brian Benjamin was indicted on bribery charges last month and resigned shortly after, state election law only allowed such an exit for three reasons; the candidate was nominated to another office, moved out of state, or died.
The law signed Monday evening changed that.
It passed in the state senate by a vote of 33-29 and in the state assembly 82-57, fairly narrow margins considering Democrats hold more than half the seats in both houses. Criticism and questions came from both sides of the aisle during both the senate and assembly debate.
“Since we're in the middle of an election season right now… why are we changing this in the middle of the game?” asked Assemblymember Michael Norris (R-Lockport).
“Because we recognize that we're in a situation that we have to remedy,” responded Assemblymember Amy Paulin (D-Eastchester).
While the timing is undoubtedly beneficial for Democrats, who have taken flack since Benjamin’s resignation, this situation is not unfamiliar to both parties. Assemblymember Norris used former Congressman Chris Collins (R) as one example. Collins was indicted on insider trading charges in 2019 however he remained on the ballot.
On Monday, Republican lawmakers did attempt to pass an amendment that would have delayed the implementation of the new election rule until 2023 but it was defeated.
“I've heard people accusing other people of doing other things intentionally to their own benefit. I think at the end of the day because there is a law in place that's over 200 years does not make it right,” said Assembly Majority Leader Crystal Peoples-Stokes (D-Buffalo).
Hours before the legislation was passed, Brian Benjamin made his first public comments since resigning and said he would "sign the necessary paperwork to remove [himself] from the ballot."
“Until I am able to clear my name I will not be able to serve, therefore making it unfair to voters for me to remain on the ballot,” Benjamin said in a pre-recorded video message.
Benjamin will be required to file for his removal from the ballot by Wednesday, May 4, the deadline for the New York State Board of Elections needed to certify the primary ballot.
That certification date will be the standard for any future candidates.
Selecting a new candidate for lieutenant governor will be handled by the New York Democratic Party’s committee on vacancies, on which Assembly Majority Peoples-Stokes sits. Gov. Hochul is likely to provide her input, however.
The candidate that is chosen will run separately from Hochul in the recently re-scheduled August primary. The other candidates running for lieutenant governor are Ana Maria Archila, a New York City community activist, former New York City Council member Diana Reyna, and David Englert, the mayor of Sodus, a small village in Wayne County.
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