© 2024 Western New York Public Broadcasting Association

140 Lower Terrace
Buffalo, NY 14202

Mailing Address:
Horizons Plaza P.O. Box 1263
Buffalo, NY 14240-1263

Buffalo Toronto Public Media | Phone 716-845-7000
WBFO Newsroom | Phone: 716-845-7040
Your NPR Station
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

BREAKING: Hochul chooses new lieutenant, as Benjamin is now off the ballot

Kathy Hochul, wearing a purple dress, and Brian Benjamin, wearing a light blue shirt and navy pants.
Darren McGee
/
Office of the Governor
Gov. Kathy Hochul and state Sen. Brian Benjamin waive to the crowd after Hochul announces Benjamin as her lieutenant governor on Aug. 26, 2021 in Harlem.

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.

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.”

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.”

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.

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, as May 4 is the deadline to certify the ballot for the June primary vote.

Rep. Antonio Delgado, wearing a light blue shirt in front of a window.
Rep. Antonio Delgado
Rep. Antonio Delgado has been chosen as Gov. Kathy Hochul's new lieutenant.

Among those already named by the vacancy committee as potential successor to Benjamin are Assemblymembers 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.

But early Tuesday morning, the governor announced downstate Rep. Antonio Delgado will be her new lieutenant.

"I am proud to announce I am appointing Congressman Antonio Delgado, an outstanding leader and public servant, as Lieutenant Governor of New York," Hochul said on Twitter. "I look forward to working with him to usher in a new era of fairness, equity and prosperity for communities across the State. We share a belief in working together to get things done for New Yorkers, and Representative Delgado has an incredible record of doing just that in Congress."

Delgado was first elected to Congress in the Hudson Valley in 2020 and was headed for a tough re-election against Dutchess County Executive Marc Molinaro.

Karen DeWitt is Capitol Bureau Chief for New York State Public Radio, a network of 10 public radio stations in New York State. WBFO listeners are accustomed to hearing DeWitt’s insightful coverage throughout the day, including expanded reports on Morning Edition.
Related Content