ALBANY, New York – Brian A. Benjamin, a former vice governor of New York who resigned after being accused of federal bribery charges, will no longer run in the Democratic primary after legislation passed Monday its possible removal.
The move is widely seen as an adjustment to Governor Katie Hochul, who has publicly called on Democrat leaders in the Assembly and Senate to change the law after other efforts to remove Mr Benjamin from the ballot were stalled.
The bill passed by the Senate and Assembly will allow candidates who have been arrested or charged with a felony or felony after being nominated to be removed from the ballot if they do not intend to serve. Ms Hochul is expected to sign the bill soon.
Mr Benjamin posted a statement on Twitter on Monday saying he would sign the necessary documents to remove his name from the ballot. “I am innocent of these baseless allegations. However, I could not serve in these circumstances, “he said.
Under the old law, candidates who have officially accepted a party’s nomination cannot be removed from the ballot unless they die, move out of state or are nominated for another position. People who have been convicted of crimes are eligible to run and hold public office under New York law, although a politician convicted of a crime while in office will be removed, according to the state election commission.
If Ms. Hochul, a Democrat, had failed to change the law, she would probably have faced the awkward scenario of running in November with a candidate who was named No. 2 by one of her primary opponents of the Democrats.
Democrats on Ms. Hochul’s left and Republican enemies described the move as an abuse of power, saying Ms. Hochul should not have been allowed to change the rules in the middle because it suited her.
“The rules of democracy really matter,” said Anna Maria Archilla, an activist running for vice governor. “And how you make democracy, how you participate in it, is actually the way you demonstrate your commitment to it.”
“Does anyone else find it frightening that the governor – the most influential man in New York – is changing the rules of the election he is holding during the match to help them look better in this election?” Robert G. Orth , a minority leader in the U.S. Senate, wrote on Twitter.
Albany leaders also expressed skepticism at first, with Senate Majority Leader Andrea Stewart-Cousins saying “really, really, really” disliked the idea of changing election laws while the campaign was already under way. Some of her Democrat counterparts in the party’s progressive wing were annoyed by the idea of offering political services to Ms. Hochul after disrupting budget negotiations.
But lawmakers softened over the weekend, with many embracing the idea that it was not in the interest of voters to keep someone like Mr. Benjamin, who has no intention of serving, on the ballot.
“There is always this ultimate example that leads us to change. That’s all, “said Amy Pauline of Westchester, who sponsored the bill. “This is so that voters vote for someone who intends to serve. This is not about politics. “
However, political observers noted that the optics of sharing a ticket with someone under a federal indictment was clearly not ideal for Ms. Hochul. Mr Benjamin pleaded not guilty.
The governor, who is running for her first full term, is gaining widespread popularity as she rises to the top post in the state after her predecessor, Andrew M. Cuomo, resigned on charges of sexual harassment. Mr Cuomo denied any wrongdoing.
Ms. Hochul quickly set about building a campaign that will raise more than $ 20 million in record time, making her an outspoken favorite for the Democratic nomination.
What you know about Lieutenant Governor Brian Benjamin
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The investigation. Federal authorities are investigating whether Mr. Benjamin was involved in an attempt to direct fraudulent contributions to his failed 2021 campaign for a controller in New York. This investigation stems from an indictment accusing a real estate investor in Haarlem of trying to cover up contributions for a candidate in this race.
His resignation. On April 12, Mr. Benjamin was arrested and resigned as vice governor hours after federal prosecutors unveiled an indictment involving him in a brazen scheme to enrich his political campaigns with illegal donations. The resignation could prove to be a serious political responsibility for Ms Hochul.
But the difficult budget process, in which Ms. Hochul raised $ 850 million to fund a new stadium for Buffalo Laws, as well as changes to state guarantee laws, undermined much of the goodwill she had with lawmakers. Her position among voters has also suffered, with a recent poll by Siena College showing approval ratings in the mid-1940s – although she has just begun spending part of her campaign money on campaign budgets.
Under the new process, Mr Benjamin’s deputy will soon be elected by the Committee on Vacancies, and Ms Hochul is likely to make some contributions.
The selected candidate will compete against the candidates of Ms. Hochul’s opponents: Diana Reina, a former councilor in New York, who is running alongside Representative Thomas Swansea of Long Island; and Mrs. Archilla, who is running with Jumaan Williams, the Public Defender of New York.
Ms. Hochul is likely to nominate her new candidate for deputy governor until the end of her current term, although she may nominate a temporary deputy.
Lawmakers of all political persuasions voiced their views Monday, with some saying the measure would unfairly help Ms. Hochul, while others called it a common-sense solution.
“I don’t think the public thinks the accused on the ballot is in any way strengthening their rights,” said Senator Liz Krueger, a sponsor of the bill.
In the Assembly, Republicans proposed an amendment that would postpone the implementation of the bill until next year, a move that would leave Mr. Benjamin on the ballot. “This seems like a fair, reasonable and honest compromise,” said Michael Lawler of Rockland County, adding: “No one is against it.”
Democrats rejected the amendment.
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