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Former New York Lt. Gov. Brian Benjamin is now off the ballot after New York legislature acts

In this file photo, Gov. Kathy Hochul and state Sen. Brian Benjamin appear at an event on Thursday, Aug. 26, 2021, in Harlem, where Hochul announced Benjamin would be her lieutenant governor. (Darren McGee/Gov. Kathy Hochul's Office)
In this file photo, Gov. Kathy Hochul and state Sen. Brian Benjamin appear at an event on Thursday, Aug. 26, 2021, in Harlem, where Hochul announced Benjamin would be her lieutenant governor. (Darren McGee/Gov. Kathy Hochul's Office)

ALBANY, NY (WSKG) - The New York State legislature approved a bill requested by Gov. Kathy Hochul that allowed disgraced former Lt. Gov. Brian Benjamin to remove his name from the Democratic primary ballot. Benjamin said he’d file the necessary paperwork as soon as the law takes effect.

The legislation permits a candidate on a primary or general election ballot who is charged or convicted of a state or federal misdemeanor or felony to withdraw their name from the ballot. Under the previous rules a candidate would have to die, move out of state or run for another office in order to remove their name.

Finance Committee Chair Liz Krueger, who sponsored the Senate bill, said it was common sense.

“Most voters would think it’s common sense to let someone who doesn’t want to be on the ballot, probably isn’t going to be in a position to serve because they are facing an indictment charge, to be able to get off the ballot,” Krueger said. “And that’s what this bill does.”

For this election cycle, the rule applies only to Benjamin, who was indicted April 12 on federal corruption charges and resigned later that day.

Republicans, who are in the minority in the legislature, condemned the bill, saying the measure is not about helping the voters, but about protecting Hochul’s political future.

Deputy Minority Leader Andrew Lanza says without the measure, Hochul would still have Benjamin as her running mate on the Democratic primary ballot.

“No one is being fooled,” Lanza said. “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.”

Benjamin released a recorded statement just before the vote. He denied the allegations of wrongdoing, but said he needs to spend his time clearing his name instead of running for office.

“I also believe that withdrawing from the ballot is the right thing to do,” Benjamin said. “And that is why I will sign the necessary paperwork to withdraw from the ballot.”

With Benjamin’s name off the ballot, the state Democratic Party’s Committee on Vacancies is free to name a new running mate for Hochul. That vote is expected soon, as May 4 is the deadline to certify the ballot for the June primary vote.

Among those already named by the vacancy committee as potential successor to Benjamin are Assembly members Crystal Peoples- Stokes, the current majority leader and first African American to serve in that role, Rodneyse Bichotte, the first Haitian American woman elected in New York City, and Catalina Cruz, who as a child moved to New York from Columbia.

Hochul, speaking just before the vote, says she’s happy a solution has been reached.

“I’m very pleased that my partners in government agree that this is a very important step to take,” Hochul said, speaking after an event in the Bronx..

Hochul’s opponents in the race for governor were also critical of the new law.

The Republican designee for governor, Rep. Lee Zeldin, says the measure might be a good idea for future elections, but he says it should not have been hastily pushed through to benefit Hochul.

“No one has any idea who this mystery lieutenant governor might be on the ballot,” Zeldin said, speaking at an event in Binghamton.

Zeldin called the action “all sorts of wrong.”

Long Island Congressman Tom Suozzi, who is challenging Hochul in the Democratic primary, says the governor is “gaming” the system.

“There’s no question that this is happening now to save Kathy Hochul’s hide,” Suozzi said. “Or to try to save her hide.”

Suozzi says there are already qualified candidates for lieutenant governor on the ballot that voters could choose instead, including his running mate, Diana Reyna. Ana Maria Archilla is also seeking the post, running with New York City Public Advocate Jumaane Williams, a candidate for governor.