Hochul asks Legislature to pass a bill to remove Benjamin from ballots

ALBANY — Gov. Kathy Hochul said Tuesday that she has asked the State Legislature to pass a law to remove her former lieutenant governor, Brian Benjamin, from election ballots as he faces corruption charges.

“Right now, there is a need for a legislative solution, and I would like the Legislature to do that,” Hochul told reporters Tuesday.

Benjamin, a former state senator from Brooklyn, is on the Democratic ballot for the June 28 primary as a candidate for lieutenant governor despite his resignation on April 12, shortly after he was charged by the U.S. Attorney’s Office. He is also on the ticket with Hochul for the general election in November.

The deadline has passed for him to leave or be removed from the ballot except by death, moving out of state or being nominated to another elected post, according to state election law.

Hochul said she wants the Legislature to “pass legislation that corrects what is really a strange part of our law that does not allow for removal of a person who is under indictment … right now the best option is to get the Legislature, to ask them for their support to correct this deficiency in the current law.”

An Assembly bill would do just that, but Hochul still faces hesitancy in the Senate.

“I really, really, really don’t like to change rules in the middle of the process and certainly in the middle of an election,” said Senate Majority Leader Andrea Stewart-Cousins on Tuesday. Hochul “did speak to me last night and we will continue the conversation … so we’ll talk about it.”

There is no Senate bill at this time.

A federal indictment accuses Benjamin of bribery and directing a state grant to an organization controlled by a real estate developer in exchange for a campaign contribution. The indictment allows him to live in Virginia or Georgia as he awaits trial. That move could get him off the ballot, but Hochul said Tuesday that she isn’t counting on that.

“I am not aware of that happening,” Hochul said. She said the best option now is changing election law.

“The law is the law until it’s changed,” Hochul said. “Let’s see what makes sense now.”

The request by the Democratic governor to the Democratic majorities of the Assembly and Senate touched off immediate criticism from Republicans. They would, however, be powerless under Albany’s rules to stop a bill supported by the Democratic supermajorities.

“The state Legislature isn’t here to bail out Governor Hochul’s bad decisions,” said Assembly Republican Will Barclay of Pulaski.

Senate Republican leader Rob Ortt of North Tonawanda accused Democrats of wanting to change “state law to protect their political interests.”

“The law isn’t flawed, Kathy Hochul’s judgment is,” Ortt said.

Critics of passing a law to remove Benjamin from the ballot questioned whether a law can be so clearly directed to one situation and if it can be applied retroactively.

The Assembly bill sponsored by Assemb. Amy Paulin (D-Scarsdale) would allow more time for a candidate to be removed from the ballot. The bill would change the key deadline from Feb. 1, the certification of offices to be filled, to “no later than three business days before the certification of the ballot” on May 4.

Paulin said a candidate charged with a crime should be allowed to voluntarily decline the party’s designation or nomination and allow a new candidate to be selected. The bill would expand the reasons a candidate could be removed from the ballot to include resignation, indictment, or diagnosis of a life-threatening illness.

The good-government group Common Cause-NY supports Paulin’s bill.

 “This is a problem for New Yorkers who will confront a ballot that does not reflect the reality of the field, and may end up throwing away their vote on a candidate who is not running for office," said Susan Lerner of Common Cause-NY. "It's time to finally change the law.”

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.