2022 Legislative Memo…In Opposition to

 S.8949-Krueger – Governor Program Bill #13

 Purpose:  This bill would permit a person designated as a candidate for nomination or for party position, or nominated for an office, to decline the nomination when the person has been arrested or charged with one or more misdemeanors or felonies, either by the filing of an accusatory instrument in state court or by the filing of a criminal complaint or indictment in federal court. Additionally, the bill permits declination when the person has been convicted of one or more misdemeanors or felonies under state or federal law. The qualifying circumstances to be eligible for declination under this section must occur after such person’s designation or nomination for office.

Party Position:  Election Law in New York State is quite clear on when a candidate can decline a nomination to any public or party office.  This bill is a blatant attempt to change Election Law to allow former Lt. Governor Brian Benjamin’s name to be removed from the Certificate of Nomination and Designation filed by the State Democratic Committee following their nominating convention held on February 17, 2022.

Brian Benjamin was sworn in as the Lieutenant Governor of New York State on September 9, 2021 and served until April 12, 2022 just hours after he was indicted by federal prosecutors in Manhattan on five corruption-related charges that alleged he attempted to trade a state grant for campaign contributions while serving as a state Senator.

Kathy Hochul was sworn in as governor at the stroke of midnight, August 24, 2021, when disgraced Andrew Cuomo’s resignation took effect.  In her remarks later in the day, the first ever woman governor in New York state vowed to always be “direct, straight-talking and decisive.”

Gov. Hochul’s vetting process for Lt. Governor was either profoundly shallow if a pending federal prosecution was not discovered or purely political to “balance” the democratic ticket.  Either way, Governor Program Bill #13, is an unconcealed attempt to do an end run around her lack of judgement in nominating Brian Benjamin in the first place.

The Democratic State Committee also had a moral obligation to properly vet both candidates prior to their nomination.

Now the members of the New York State Legislature are poised to change Election Law due to the lack of due diligence of all involved in the nomination and designation of the candidates for Governor and Lt. Governor by the State Democratic Party in 2022.

The democrats in the State Senate and State Assembly, beholden themselves to the Democrat Party, are poised to, yet again, cover for the corruption that permeates New York State.  Shame on them.

The Conservative Party of New York State firmly opposes this pending legislation.

LM 2022-002