Hochul’s plan to remove indicted ex-N.Y. Lt. Gov. Brian Benjamin from ballot gaining steam

ALBANY — The Legislature is working with Gov. Hochul on a controversial measure that would enable the removal of indicted former Lt. Gov. Brian Benjamin from June’s primary ballot, sources told the Daily News on Friday.

The program bill, from Hochul’s office, would allow someone who is indicted, charged or arrested to remove their name from the ballot. It is expected to pass early next week, sources familiar with the process said.

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

Hochul had faced resistance from reluctant lawmakers as she pushed her fellow Democrats in recent days to back a bill that could boot Benjamin from the June 28 primary.

Even with a deal reached, many Senate Dems were “very unhappy” with the end result following a virtual meeting Friday afternoon, a source said.

“I really, really, really don’t like to change rules in the middle of a process, and certainly in the middle of an election,” Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) said earlier this week after speaking to Hochul about the issue.

Current law makes it near impossible for Democrats to remove Benjamin’s name from the ballot since he was nominated by the party back in February — unless he dies, moves out of state, or runs for another office.

Benjamin, a former New York senator representing Harlem before joining Hochul’s administration, 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.

The bill expected to be approved early next week would still require Benjamin to agree to remove himself from the ballot spot.

Hochul, who has the power to appoint a new lieutenant governor at any time, has faced criticism for claiming she was blindsided by Benjamin’s arrest despite myriad news reports about the Harlem pol’s past campaign and spending issues.

She may have to act fast once again as she names a new second-in-command in order to make ballot deadlines. Hochul, who previously served as lieutenant governor, is seeking a full term in office after replacing disgraced former governor Andrew Cuomo last summer.

Currently on the ballot in the Democratic primary for lieutenant governor are former City Council member Diana Reyna, running alongside Rep.Tom Suozzi (D-N.Y.) and Ana Maria Archila, a longtime progressive activist running with city public advocate Jumaane Williams.

Gubernatorial candidates and their lieutenant governor picks run separately in New York’s primaries but are coupled up by party for the general election.