Benjamin’s name will be off the ballot

Legislature passes measure to remove former lt. governor

Brian Benjamin, the former New York lieutenant governor who resigned after being indicted on federal bribery charges, will no longer appear on the state Democratic primary ballot after legislation passed Monday made it possible to remove him.

The measure is widely regarded as an accommodation to Gov. Kathy Hochul, who had publicly appealed to Democratic leaders of the Assembly and Senate to change the law, after other efforts to remove Benjamin from the ballot had stalled.

The bill passed by the Senate and Assembly will allow candidates who have been arrested or charged with a misdemeanor or felony after being nominated to be removed from the ballot if they do not intend to serve. Hochul is expected to sign the bill into law shortly.

Benjamin released a statement on Twitter on Monday, saying that he would sign the necessary paperwork to remove his name from the ballot. “I am innocent of these unsubstantiated charges. However, I would be unable to serve under these circumstances,” he said.

Under the old law, candidates who had formally accepted a party’s nomination could not be taken off the ballot unless they died, moved out of state or were nominated to another office. People who have been convicted of felonies are eligible to run for and hold public office under New York law, although a politician convicted of a felony while in office will be removed, according to the state Board of Elections.

If Hochul, a Democrat, had been unsuccessful in changing the law, she would probably have faced the awkward scenario of running in November with a running mate who had been the designated No. 2 of one of her Democratic primary opponents.

Democrats to Hochul’s left and Republican foes characterized the move as an abuse of power, saying that Hochul should not have been allowed to change the rules midstream because it suited her.

“The rules of democracy really matter,” said Ana Maria Archila, an activist who is running to be lieutenant governor. “And how you do democracy, how you participate in it is actually the way that you demonstrate your commitment to it.”

“Anyone else find it frightening that the Governor — the most powerful person in NY — is changing the rules of the election they are running in mid-game to help them look better in said election?” Robert G. Ortt, the state Senate minority leader, wrote on Twitter.

Leaders in Albany had also initially expressed skepticism, with the Senate majority leader, Andrea Stewart-cousins, saying she “really, really, really” did not like the idea of changing election laws while a campaign was already in progress. Some of her Democratic colleagues in the party’s progressive wing chafed at the idea of offering Hochul political favors after bruising budget negotiations.

But the lawmakers softened over the weekend, with many embracing the idea that it did not serve voters’ interest to keep someone like Benjamin on the ballot.

“There’s always that extreme example that leads us to the change. That’s all this is,” said Assemblywoman Amy Paulin of Westchester, a bill sponsor. “This is so that voters are voting for someone who intends to serve. This isn’t about politics.”

Political observers noted, however, the optics of sharing a ticket with someone who is under federal indictment were less than ideal for Hochul. Benjamin has pleaded not guilty.

It is likely that Hochul will appoint her new running mate to fill the post of lieutenant governor until the end of her current term, although it is possible that she will name an interim placeholder.