Sources: Removal of Benjamin from ballot could happen next week

ALBANY — Gov. Kathy Hochul’s proposal to remove indicted ex-Lt. Gov. Brian Benjamin from the ballot could be approved by the Senate and Assembly early next week, officials said Friday.

Two knowledgeable sources said Hochul and state legislators were trying to finalize legislation that essentially would allow someone under indictment to voluntarily remove his or her name from the ballot — now not an option under state law.

In the Democrat-led Senate, which had been cool to the idea, there appears to be enough support for the proposal after nearly two hours of discussion late Friday afternoon, the sources said. 

Democratic leaders of the Assembly have signaled support for the concept.

If the Legislature acts, it will address a political headache for Hochul but likely anger her Democratic and Republican rivals in the gubernatorial election.

At issue is the ballot status of Benjamin, who at the state Democratic convention in February was named the party’s designee for lieutenant governor.

On April 12, Benjamin resigned from office just hours after his indictment on bribery and other corruption charges.

Benjamin has pleaded not guilty.

By then, the deadline had passed for his removal from the June 28 primary ballot except by death, moving out of state or being nominated for another elected office, according to state election law.

Hochul has asked the Legislature to amend the law to also allow for the removal of candidates under indictment.

Hochul rivals have attacked the proposal, saying the law shouldn’t be changed in the midst of a campaign.

Two others are running in the party’s lieutenant governor primary, planned for June 28: Diana Reyna, running mate of gubernatorial candidate Tom Suozzi, a Democratic congressman from Glen Cove, and Ana Archila, running mate of Jumaane Williams, the New York City Public Advocate.

By Yancey Roy

yancey.roy@newsday.com@yanceyroy