Short of former Lieutenant Governor Brian Benjamin’s death or leaving the state between now and June’s primary elections, he is still technically on the ballot and qualified to hold office.
Benjamin resigned shortly after his arrest on April 12 for alleged campaign fraud during his time as state senator in Harlem. However, he hadwith the New York State’s Board of Elections to be Gov. Kathy Hochul’s running mate and lieutenant governor.
NYSBOE Deputy Director of Public Information Jennifer Wilson explained in a statement that there are currently only three ways to remove a candidate from a ballot: death, declination or disqualification.The second way is for a candidate to decline being on a ballot, but declination can only occur within a specific time frame after a designation is filed.
An elections lawyer confirmed that Benjamin is on the ballot until legally the state finds a way to remove him, but “there’s no way that he would run.”tried to reach out to Benjamin, but he has not returned requests for comment on if he will run or move states. The NYSBOE rep theorized that the tradition stems from the fact that it’s easier to have two names on a single petition to get more signatures since the threshold is pretty high. Hochul and Benjamin weren’t required to collect petitions to get on the ballot this year as the party’s designated candidates.that the state legislature “floated” the idea of creating legislation to remove Benjamin from the ballot, and has already started “vetting replacements.
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