Removing New York Lt. Gov. Brian Benjamin from the Democratic primary ballot won't be an easy lift, the state Board of Elections on Tuesday said.
Benjamin resigned Tuesday after facing a five-count corruption indictment stemming from allegations he received campaign donations for his bid for New York City comptroller in exchange for state grant funding.
Benjamin, a former state senator, was designated the Democratic Committee's preferred candidate for lieutenant governor in February at the party's nominating convention. That's where getting him off the ticket remains tricky.
He cannot decline the nomination, a window that closed at the time of the state convention.
"His declination period closed back in February when he was designated at the State Convention," said Board of Elections spokesman John Conklin in an email. "He could have declined when his designation Certificate was filed then, but not now."
And the ways for removing any candidate from the ticket at this point are not easy: Death, declination or disqualification.
The nomination can be declined if nominated for a second office, or decline it from one ballot line if they lose a primary.
Disqualification can occur if a candidate no longer meets qualifications for holding office: Being a U.S. citizen, at least 30 years of age or being a state resident immediately before the election.
"A candidate for statewide office could move out of state to break the residency chain and thus become disqualified," Conklin wrote.
Benjamin could also lose the Democratic primary this June. He faces Ana Maria Archila, the preferred running mate of gubernatorial candidate Jumaane Williams and U.S. Rep. Tom Suozzi's candidate, Diana Reyna.