Gov. Hochul and Senate Majority Leader unite to tout education funding — but may be divided as Benjamin primary ballot battle looms

Gov. Hochul and Senate Majority Leader Andrea Stewart-Cousins appeared together Thursday in Yonkers to voice a united message about education spending included in the state budget.

But the two leaders may not be on the same page when it comes to Hochul’s controversial efforts to boot indicted former Lt. Gov. Brian Benjamin from June’s primary ballot.

It was the first time Hochul and Stewart-Cousins appeared together at a public event since the governor attempted to enlist the Democratic-led Legislature’s help in removing Benjamin from the ballot.

Benjamin resigned earlier this month and suspended his campaign after being arrested and indicted on federal bribery and fraud charges. However, his name will still appear on the Democratic primary ballot on June 28 due to a quirk in New York’s election laws.

Hochul admitted Tuesday she has asked legislative leaders to consider a bill that would make it possible to remove and replace her disgraced former running mate.

“There is a need for a legislative solution,” Hochul told reporters following a campaign event in Albany earlier in the week. “I would like the Legislature to do just that and to pass legislation that corrects what is really a strange part of our law that does not allow the removal of someone who is under indictment.”

Stewart-Cousins (D-Yonkers) said she and the governor spoke about the matter late Monday, but expressed reservations about approving a change to election law so close to the primary.

“I really, really, really don’t like to change rules in the middle of a process, and certainly in the middle of an election,” she said.

That sentiment has been echoed by many in the Democratic conference.

Hochul’s plan did receive some support this week as Mayor Adams championed the change, tweeting his endorsement for a legislative fix.

“Forcing an official to remain on the ballot after they’ve resigned deprives more than 6.4 million New Yorkers of the opportunity to choose their representative, a fundamental American right,” he wrote.

Current law makes it practically impossible for Democrats to strike Benjamin from the ballot since he was nominated by the party back in February. That is, unless he dies or moves out of state.

Benjamin stepped down on April 12, hours after being arrested on charges of bribery, fraud and falsifying records related to an alleged scheme involving illegal campaign donations and state grants.

A bill introduced by Assemblywoman Amy Paulin (D-Westchester) this month would allow for a replacement candidate to be placed on the ballot if someone is facing criminal charges or is terminally ill. Even if Senate Democrats did back a version of Paulin’s bill, Benjamin would have to agree to remove himself from the ballot spot.

Legislative sources said Wednesday that some lawmakers would be more receptive to a change if it was done in a way that struck Benjamin from the ballot but did not allow for a substitution.

At Thursday’s event, Hochul and Stewart-Cousins boasted of the more than $30 billion in school funding allocated in the weeks-late state spending plan. Hochul focused her attention on the task at hand as she touted the $360 million in state aid allocated to Westchester’s largest school district.

“You’re doing your work, and we have to do ours,” she said during the afternoon event at the Enrico Fermi School in Yonkers. “At the state level that means making sure you have every dollar you need to continue to transform not just schools but the lives of our students.”