Gov. Kathy Hochul has signed into law legislation that will allow Democrats to remove her indicted former running mate Brian Benjamin from the ballot for lieutenant governor.
The Democratic supermajorities in the state Senate and Assembly narrowly passed the controversial bill Monday evening after the governor overcame what one lawmaker called a “clusterf–k” of resistance last week from legislators, including the powerful state Senate Majority Leader Andrea Stewart-Cousins.
Benjamin resigned last month just hours after he was hit by the feds with five corruption-related charges that allege he attempted to trade a state grant for campaign contributions. He has pleaded not guilty to all charges while suspending his campaign for a full term in office.
But his name is still on the ballot in the Democratic primary.
The measure expected to be passed by the Assembly and Senate will allow anyone indicted for a crime to withdraw their name from the ballot and allow their political party to name a replacement.
Benjamin issued a video statement Monday saying he has agreed to remove his name from the ballot should the measure be passed.
“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,” he said in a tweeted video statement.
Hochul said the bill was wired for passage even though some lawmakers told The Post they had not yet seen or reviewed the language, while others expressed dissent.
“I am very pleased that my partners in government agree that this is an important step to take. The expectation is that it will be accomplished today and that will create the necessary vacancy for there to be someone that goes before the committee on vacancies (with the state Democratic Party to name a replacement for Benjamin),” Hochul said following an event in Co-Op City in The Bronx.
“They can start doing their work now.”
Critics say the measure amounts to an unfair change in election law just weeks ahead of the June 28 primary for statewide offices including governor and lieutenant governor.
“The legislation that the governor is forcing through today only benefits one person and her name is Kathy Hochul,” immigration activist Ana Maria Archila, who is running for lieutenant governor, told reporters at the state Capitol building on Monday. “Everyone else loses with this bill.”
Time is of the essence because the state Board of Election must finalize the ballot for statewide primaries by Wednesday, May 4.
But not all Democratic lawmakers are on board, saying it was wrong to bail out Hochul for the self-inflicted Benjamin debacle in the middle of a primary election.
“Today’s bill concerns me tremendously. Hasty laws make for bad public policy, said Assemblyman Robert Carroll (D-Brooklyn), a member of the election law committee.
“I can respect that Gov. Hochul feels like she has egg on her face because her chosen Lieutenant Governor candidate has now been indicted in federal court. And I can respect that we as the legislature could say we would like to find a way for him to gracefully exit the ballot,” Carroll said during an election law committee meeting.
But Carroll — who has endorsed Hochul according to her campaign website — said he opposes also allowing the governor the opportunity to name a replacement candidate for LG.
“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 said.
“We should not bend so easily to her,” Carroll added of Hochul.
But with Hochul expected to win the Democratic primary and be the party’s standard bearer at the top of the ticket this fall, bend they will.
Twenty-three Democratic state senators — more than half the caucus — have already endorsed Hochul over her primary rivals, Long Island Rep. Tom Suozzi and city Public Advocate Jumaane Williams, according to her campaign website.
Her backers include Senate Majority Leader Stewart-Cousins and Assembly Majority Leader Crystal Peoples-Stokes (D-Buffalo).
Hochul’s hasty selection of Benjamin, a former state senator from Harlem, despite warning flags about his background, has been the biggest stain during her brief tenure as governor. She took over as New York’s chief executive last August after disgraced three-term Democratic Gov. Andrew Cuomo resigned under the threat of impeachment following a sexual misconduct scandal.
Hochul — who was Cuomo’s No. 2 — said she was under an “intense” time frame to name a number two. But she also admitted Monday if she “had to do it all over again” she would have handled the search differently.
Still, Hochul said the current election law that keeps someone who was indicted of a serious crime on the ballot who had already resigned from office was wrong-headed.
“This is something that makes sense,” she said of the change. “It’s an antiquated law.”
Hochul also emphasized she be given the opportunity to choose another running mate for lieutenant governor to replace Benjamin instead of being forced to run in the general election with lieutenant governor candidates who are tied to her Democratic primary opponents.
Former Brooklyn Councilwoman Diana Reyna is the candidate for Suozzi in the primary, while Archila is the candidate for city Public Advocate Jumaane Williams.
Complicating matters is that the candidates for lieutenant governor run in separate primaries from the gubernatorial candidates, which means Hochul could still end up with Reyna or Archila as a running mate in the general election, if one of them wins the primary for LG and Hochul wins the gubernatorial contest over Suozzi and Williams.
“You want to end dysfunction in government. I don’t think people want to create a situation where there is dissension,” Hochul said.
