The bribery indictment against Lt. Gov. Brian Benjamin could damage Gov. Kathy Hochul, who chose him as her running mate in her bid for a full term.
nypost.com
What does Brian Benjamin’s indictment mean for Hochul, NY Democrats?
By
Bernadette Hogan,
Nolan Hicks,
Carl Campanile and
Bruce Golding
April 12, 2022 6:01pm
Updated
Brian Benjamin arrested in campaign finance scheme: report
The bribery indictment
unsealed Tuesday against Lt. Gov. Brian Benjamin won’t just affect his political future — it could also
damage Gov. Kathy Hochul, who chose him as her running mate in her bid for a full term in November.
Following are answers to some questions about what the bombshell criminal case means for the scheduled June 28 Democratic gubernatorial primary, in which Hochul and Benjamin will appear separately on the ballot.
Can Benjamin be removed from the ballot?
Possibly, but not easily, and likely not in time for the June Democratic Primary.
“The only way to get off the ballot is death, disqualification or moving out of state,” state Board of Elections spokesman John Conklin said.
“He was nominated or designated coming out of the state convention in February and that period [to decline to appear on the ballot] has passed.”
Can he be disqualified?
The “typical” way most candidates get disqualified is if they’re younger than 30, aren’t US citizens or can’t meet the state’s residency requirements, Conklin said.
New York Lt. Gov. Brian Benjamin leaves the courthouse, Tuesday, April 12, 2022. AP/Seth Wenig
None of those now apply to Benjamin, a 45-year-old Harlem resident who served as a state senator before Hochul picked him to be her No. 2 last year, following the former Gov. Andrew Cuomo’s resignation amid a sexual harassment scandal.
But Benjamin could choose to move out of state “or he could lose the primary in June,” Conklin said.
What if he resigns from office?
“Resigning from office doesn’t get him off the ballot,” Conklin said, just hours before Benjamin
did just that.
Gov. Kathy Hochul chose Benjamin as her running mate in her bid for a full term in November.REUTERS/Mike Segar
“The question is: could they open a new declination period? He would have to be nominated for a new office. Typically, at this point in the year, it could be a judicial office — but that wouldn’t happen until the judicial convention in August.”
Manhattan lawyer Sarah Steiner, who specializes in New York election law, said, “Right now, we’re looking at a situation where even if he resigns, he would be on the ballot and it would be very difficult but not impossible to get him off.”
What about the gerrymandering case?
Hochul, Benjamin and other top Democratic lawmakers are appealing a judge’s ruling last month that
tossed out the state’s new congressional districts on grounds they were illegally gerrymandered to hurt Republicans.
Benjamin has been arrested in a federal corruption investigation. Authorities said the Democrat was arrested Tuesday on charges including bribery and falsification of records. AP/Seth Wenig
Two judges have
warned the Democrats that if they lose the appeal, a court-appointed expert would likely redraw the maps — but potentially not by Aug. 23, the latest possible date to hold the primary election.
That wouldn’t prevent the gubernatorial primary from taking place, however, and early voting is set to start June 18.
Share this article:
Filed under
