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Hochul Picked a Running Mate. Now She Has to Pick Another One.

Lt. Gov. Brian Benjamin’s resignation in the face of a criminal indictment creates a major political test for Gov. Kathy Hochul.

One of the first decisions Gov. Kathy Hochul had to make when she suddenly ascended to New York’s highest office last summer was a personnel one: Who would fill her previous role as lieutenant governor, becoming her second-in-command and running mate in the 2022 election?

The search was relatively swift, with Ms. Hochul, a white Democrat from Buffalo, homing in on elected officials of color from downstate.

She picked Brian Benjamin, a Black state senator from Harlem who was expected to help Ms. Hochul broaden her appeal in New York City, announcing her choice at a campaign-style rally in Upper Manhattan in August.

The move came despite a string of ethics questions that had followed Mr. Benjamin and that centered on some dubious campaign finance practices during his time as senator and his unsuccessful run for city comptroller last year.

On Tuesday, almost eight months later, that early decision turned into one of Ms. Hochul’s most potentially consequential political liabilities with her announcement that she had accepted Mr. Benjamin’s resignation after his arrest on federal corruption charges.

“While the legal process plays out, it is clear to both of us that he cannot continue to serve as Lieutenant Governor,” Ms. Hochul said in a statement hours after Mr. Benjamin’s arrest. “New Yorkers deserve absolute confidence in their government, and I will continue working every day to deliver for them.”

The criminal case against Mr. Benjamin could undermine the governor’s efforts to seek her first full term this year, and may be a campaign distraction as the Democratic primary in June nears. Ms. Hochul has led the field comfortably in early public polls, but Mr. Benjamin’s arrest and resignation could throw the race for both her office and his into flux, with Democratic and Republican rivals already sharpening their attacks.

Ms. Hochul must now decide who will fill the lieutenant governor vacancy. It was unclear on Tuesday whether she would also seek to remove Mr. Benjamin from the Democratic ballot, an extremely complicated task because of the timing of his resignation and New York’s archaic election laws.

But in a statement shortly after Mr. Benjamin’s resignation, Jay Jacobs, the state Democratic Party chairman, said he would “explore every option available to seek a replacement for Brian on the ticket.”

The investigation into Mr. Benjamin’s activities had begun to dog Ms. Hochul weeks ago, just as she was negotiating the state budget, where she secured many of her favored policies related to public safety with his help.

The governor had indicated just last week that Mr. Benjamin had her unwavering support, even as it became public that he had not told her while being vetted for the lieutenant governor post that his comptroller campaign had received subpoenas.

“I have utmost confidence in my lieutenant governor,” Ms. Hochul said at an April 7 news conference at the State Capitol where Mr. Benjamin sat by her side as she announced the budget deal. “This is an independent investigation related to other people and he is fully cooperating. He is my running mate.”

On Tuesday, Mr. Benjamin pleaded not guilty to five counts of bribery and fraud in Federal District Court in Manhattan.

Most immediately, Mr. Benjamin’s arrest and resignation could upend the race for lieutenant governor. Under state law, neither arrest nor conviction prompt the removal of a candidate from a New York State ballot. Mr. Benjamin’s lawyers said on Tuesday that he had suspended his campaign, but it is too late for Mr. Benjamin to be easily removed from the ballot; the only way it could happen is if he were to leave the state, die or be nominated for a different office.

Mr. Benjamin could be nominated for another office, but since petitioning deadlines have now passed for most positions, another elected official would most likely need to resign to create a vacancy for him. It is unclear whether Mr. Benjamin could sidestep that by running as an independent candidate.

The primary contests for governor and lieutenant governor are conducted separately, raising the possibility that Mr. Benjamin could remain on the ballot and lose even if Ms. Hochul wins. That could force Ms. Hochul to run in the November general election with a Democratic running mate she had not chosen.

Running against Mr. Benjamin are Ana Maria Archila, a progressive activist who has aligned herself with Jumaane Williams, the New York City public advocate, who is challenging Ms. Hochul from the left. Ms. Archila’s campaign sent an email to supporters on Tuesday asking for donations after news of Mr. Benjamin’s arrest broke, saying that “we need cleareyed, transparent and accountable leadership.”

“I find it remarkable that the vetting process wasn’t more vigorous,” Ms. Archila said in an interview earlier on Tuesday, questioning Mr. Benjamin’s ability to fulfill his duties but stopping short of calling for his resignation. “It says that she wasn’t careful or thoughtful in prioritizing the public’s trust in the way she said she would.”

Representative Thomas R. Suozzi, a moderate Democrat from Long Island who is running against Ms. Hochul in the primary, issued his own statement earlier in the day, along with Diana Reyna, his informal running mate for lieutenant governor, saying that Mr. Benjamin’s arrest was “an indictment on Kathy Hochul’s lack of experience and poor judgment.”

Representative Lee Zeldin, a Long Island Republican and the party’s nominee for governor, criticized Ms. Hochul on Tuesday for her “terrible judgment” in choosing Mr. Benjamin, who he described as “a bad pick.”

“When this corruption surfaced, Hochul tripled down,” Mr. Zeldin wrote on Twitter. “She owns this … all of it! Terrible judgment!”

Mr. Benjamin’s arrest appeared to blindside Ms. Hochul, disrupting her schedule just as she was increasing her time on the campaign trail this week. The arrest coincided with a mass shooting at a Brooklyn subway station, and Ms. Hochul had to call off a union fund-raiser in Manhattan and a news conference on Long Island.

Early in the day, as Ms. Hochul weighed Mr. Benjamin’s future, the Republican leaders in the State Legislature, as well as some Democratic state lawmakers, had called on her to demand his resignation.

“Kathy Hochul and Senate Democrats might tolerate this corruption, but New Yorkers don’t and neither do I,” said Rob Ortt, the Republican leader in the State Senate.

Ms. Hochul’s handling of Mr. Benjamin’s arrest would seem to test the pledge she made upon taking office to increase government accountability in Albany, which has been plagued for years by corruption, arrests and scandals, including, notably, the resignation of her predecessor, Andrew M. Cuomo, amid a series of sexual harassment allegations.

Rumors have swirled about whether Mr. Cuomo might attempt a political comeback by running for his old job as an independent candidate, something that would most likely be a steep climb for him.

As governor, Mr. Cuomo largely confined Ms. Hochul to a ceremonial role. In selecting Mr. Benjamin, Ms. Hochul, a former congresswoman from the Buffalo area, said she intended to entrust him with a broad policy portfolio and treat him as a governing partner — a different relationship than the one she had with Mr. Cuomo.

But Mr. Benjamin seemed somewhat of an imperfect choice.

In January 2021, a report by the local news outlet The City questioned the authenticity of numerous contributions to Mr. Benjamin’s comptroller campaign, prompting the campaign to return nearly two dozen donations.

Two months later, The Daily News reported that Mr. Benjamin had spent nearly $7,000 from his campaign account on “constituent services” to apparently pay for his wedding celebration at a Harlem jazz club in 2018, an expense that his campaign defended at the time.

The Times Union of Albany outlined instances in which Mr. Benjamin sought travel reimbursements as a state senator while also paying the expenses using his campaign account. The state Board of Elections conducted an investigation that resulted in Mr. Benjamin’s having to repay gas expenses to his campaign account; he apparently did not disclose the inquiry to the State Police when he was being vetted.

On Tuesday, Damian Williams, the U.S. attorney for the Southern District of New York, citing the indictment charging Mr. Benjamin, said he had “repeatedly lied on the vetting forms that he filled out before he was appointed lieutenant governor.”

“That’s a cover-up,” Mr. Williams said.

Grace Ashfordand Jeffery C. Mays contributed reporting.


Source: Elections - nytimes.com


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