At New York Gov. Kathy Hochul’s (D) request, the state legislature approved a bill to change its election laws to allow former Lieutenant Gov. Brian Benjamin (D) to be removed from the ballot following his criminal indictment.
Benjamin resigned from his post as Lt. Gov. last month after federal authorities arrested and charged him with counts of federal bribery, wire fraud, falsifying records, and conspiracy. Benjamin’s name would still be on the ballot in the upcoming Democrat primaries despite his resignation and criminal indictment.
The Democrat-led legislature approved a bill on Monday that would remove Benjamin’s name from the Democrat primary ballot. Under previous state election laws, a candidate charged or convicted of violating state or federal laws would not have their name removed from the ballot. Instead, a candidate would have to move out of state, run for a different office, or die.
“I am very pleased that my partners in government agree that this is an important step to take,” Hochul said on Monday. “The expectation is that it will be accomplished today. And that will create the vacancy to allow someone to go through the committee on vacancies. They can start doing their work then.”
However, Hochul’s push to remove Benjamin from the ballot comes less than one month after she stood by her former lieutenant governor after the criminal investigation was revealed. “I have the utmost confidence in the lieutenant governor,” Hochul said at a press conference last month.
Benjamin released a video statement on Monday where he denied any wrongdoing but confirmed his intent to withdraw his name from the ballot. “I will sign the necessary paperwork to remove myself from the ballot. I am innocent of these unsubstantiated charges,” Benjamin said. “However, I would be unable to serve under these circumstances. I want to thank all of my constituents and supporters for giving me the opportunity to serve.”
I will sign the necessary paperwork to remove myself from the ballot. I am innocent of these unsubstantiated charges. However, I would be unable to serve under these circumstances. I want to thank all of my constituents and supporters for giving me the opportunity to serve. pic.twitter.com/s7HYTiNiZp
— Brian Benjamin (@BrianBenjaminNY) May 2, 2022
Hochul’s critics said she urged the state to pass the bill so she could proceed in the Democrat primary election without Benjamin listed as her running mate.
Rep. Elise Stefanik (R-NY) called out Hochul for “using her henchmen in the state legislature to change the law in the middle of an election.”
Stefanik said:
Make no mistake, Kathy Hochul miserably failed her first test as Governor when she selected a criminal Lieutenant Governor. She is following in the footsteps of other corrupt New York Democrat governors like Cuomo, Spitzer, and Paterson. Now corrupt Kathy Hochul is using her henchmen in the state legislature to change the law in the middle of an election in order to try to hide her complete failure and benefit herself on the ballot. Albany Democrats continue to epitomize the cesspool of corruption, and we must clean house once and for all. Corruption is on the ballot in November, and it’s never been more clear only Republicans can save our state.
“No one is being fooled,” said State Sen. Andrew Lanza (R). “With respect to what the reason is for this legislation being put before us on the floor. It is Governor Hochul who desperately wants this to be law.”
Even some Democrats in the state legislature criticized Hochul for the move. “Today’s bill concerns me tremendously. Hasty laws make for bad public policy, said State Rep. Robert Carroll (D), who sits on the state legislature’s election law committee.
“We are not only allowing for [Benjamin] to leave gracefully to save face for this governor, but we are allowing this same governor who had such bad judgement in the first place to pick another person,” he added. “We should not bend so easily to her.”
Rep. Lee Zeldin (R), the presumptive Republican nominee for governor, said Hochul’s move is “all sorts of wrong.” “No one has any idea who this mystery lieutenant governor might be on the ballot,” Zeldin said.
The move comes just two days before the state Board of Elections finalizes the ballot for statewide primaries on May 4.
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