MONDAY, MAY 2, 2022 3:22 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
PASTOR DAVID TRAYNHAM WILL OFFER A PRAYER.
PASTOR DAVID TRAYNHAM: THANK YOU.
HEAVENLY FATHER, WE COME TODAY AS SERVANTS BOTH THE
PEOPLE OF THE STATE OF NEW YORK AND YOU AS BEING SOVEREIGN OVER THIS
WORLD. WE THANK YOU FOR CALLING EACH OF THESE ASSEMBLYMEMBERS
INTO YOUR WILL, PURPOSE, AND PLAN. WE INVOKE YOUR PRESENCE IN THESE
CHAMBERS TODAY AS WE ACKNOWLEDGE OUR NEED FOR HELP BEYOND OUR
PERSONAL GIFTS, OUR TALENTS, AND OUR ABILITIES. FATHER, AS THE JEWISH
POPULATION IS RECOGNIZING YOM HASHOAH, OR THE HOLOCAUST
REMEMBRANCE DAY, WE PRAY THAT THE EVILS OF OPPRESSION AND HATRED
WOULD BE ROOTED OUT OF OUR COUNTRY AS YOU CONTINUE TO HEAL THE HURT
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NYS ASSEMBLY MAY 2, 2022
AND THE PAIN THAT MANY PEOPLE THAT HAVE BEEN OPPRESSED HAVE ENDURED.
TODAY, AS OUR ASSEMBLY SPEAKER, CARL HEASTIE, AND
OUR ASSEMBLYMEMBERS CONDUCT THE BUSINESS OF THE PEOPLE, WE ASK THAT
YOU WOULD TAKE CHARGE BY LEADING, GUIDING, AND DIRECTING THEIR STEPS.
FATHER, WE PRAY THAT THEY WOULD ACCOMPLISH THE MANDATES THAT YOU
HAVE PLACED BEFORE THEM, AND AS KING SOLOMON ASKED FOR WISDOM TO
JUDGE YOUR PEOPLE, I ASK THE SAME FOR THESE GREAT MEN AND WOMEN
WHO GATHER IN THESE CHAMBERS. I PRAY THAT THEY WILL HAVE THE MIND OF
OUR LORD AND GOVERN WITH ALL PRUDENCE. LET YOUR OFFICIALS GOVERN AS
FINE-TUNED INSTRUMENTS IN YOUR HANDS, AND LET THEIR MORAL AND ETHICAL
CONVICTIONS GUIDE THEM IN THEIR DECISIONS. LET GODLY CHARACTER GIVE
EACH OF THEM LONGEVITY IN THE OFFICES THAT THEY HOLD. LET YOUR UNITY
AMONGST THESE LEADERS PREVAIL AS THEY PUT ASIDE THE THINGS THAT WOULD
DIVIDE AND DISTRACT THEM. FATHER, MAY YOU OPERATE IN THEM AS ONE
PEOPLE UNDER YOUR GOVERNMENT.
FATHER, WE PRAY FOR THEIR SAFETY AS YOU CONTINUE TO
GUIDE THEM THROUGH THIS COVID PANDEMIC, AS THEY TRAVEL THE ROADS
AND WHEN THEY ATTEND PUBLIC MEETINGS. WE PRAY FOR THEIR FAMILIES AS
THEY SERVE OUR FAMILIES. AND I PRAY SPECIFICALLY FOR ASSEMBLYMEMBER
PAT FAHY AND THE PASSING OF HER BELOVED SON, BRENDAN. WE JOIN WITH
HER AND HER FAMILY, SUPPORTING HER WITH OUR THOUGHTS AND PRAYERS, AND
I TRUST THAT YOU WILL CONTINUE TO STRENGTHEN AND COMFORT HER HEART AS
SHE SERVED THE PEOPLE OF OUR STATE FOR A YEAR-AND-A-HALF WHILE GOING
THROUGH HER OWN BATTLE. FATHER, BLESS HER, INDEED, FOR THIS, AND I ASK
THAT YOU BRING HEALTH AND HEALING TO EVERY ONE OF OUR
2
NYS ASSEMBLY MAY 2, 2022
ASSEMBLYMEMBERS. GIVE EACH OF THEM STRENGTH AND ENDURANCE AS THEY
GIVE THEIR LIVES TO MAKE THE LIVES OF THE RESIDENTS OF NEW YORK STATE
BETTER.
AND LASTLY, LORD, WE PRAY THAT THESE SERVANTS WILL
HAVE SPIRITUAL EYES TO SEE WHAT CANNOT BE SEEN, SPIRITUAL EARS TO HEAR
WHAT YOU WANT THEM TO HEAR, AND GIVE THEM A TONGUE LIKE THAT OF A
SKILLFUL BULLET, GIVING THEM INSIGHT SO THEY WILL KNOW HOW TO GOVERN
OUR GREAT STATE, AND USE THEM AS YOUR SPOKESPERSONS IN THE EARTH.
RENEW OUR FAITH IN YOU, OUR HOPE IN YOU AND RENEW OUR LOVE FOR YOU.
THIS IS OUR PRAYER FOR YOUR ASSEMBLYMEMBERS TODAY AS WE KNOW THAT
THEIR HEARTS ARE IN YOUR HANDS, O LORD, AND WE PRAY THIS IN THE NAME
OF OUR LORD, AMEN. AMEN. THANK YOU.
ACTING SPEAKER AUBRY: AMEN.
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF SUNDAY, MAY 1ST.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, MAY 1ST
AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
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NYS ASSEMBLY MAY 2, 2022
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. HAPPY
MONDAY TO ALL OF THE COLLEAGUES AND GUESTS THAT ARE IN THE CHAMBERS,
CERTAINLY TO THE PASTOR WHO DELIVERED US THAT GORGEOUS AFTERNOON. I
WANT TO SHARE A QUOTE TODAY, MR. SPEAKER, FROM MAYA ANGELOU, WHO
HAPPENS TO BE ONE OF MY FAVORITES. SHE WAS AN AMERICAN POET, A CIVIL
RIGHTS ACTIVIST, AND SHE WROTE SEVEN AUTOBIOGRAPHIES, THREE ESSAYS, AND
SEVERAL POETRY BOOKS. HER WORDS FOR US TODAY, DO THE BEST YOU CAN
UNTIL YOU KNOW BETTER. THEN WHEN YOU KNOW BETTER, DO BETTER. AGAIN,
MR. SPEAKER, THOSE WORDS FROM MAYA ANGELOU.
MEMBERS HAVE ON THEIR DESK A MAIN CALENDAR AND IT
HAS 69 NEW BILLS ON IT, AS WELL AS CALENDAR RESOLUTIONS. WE ALSO HAVE A
ONE-BILL A-CALENDAR. MR. SPEAKER, I NOW MOVE TO ADVANCE THAT
A-CALENDAR.
ACTING SPEAKER AUBRY: ON MRS.
PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES: THANK YOU. THE
MAJORITY OF OUR WORK TODAY WILL BE TO TAKE UP THE A-CALENDAR FIRST, MR.
SPEAKER, AND I WILL ANNOUNCE SOME OTHER POINTS TODAY WHILE WE'RE ON
THE FLOOR IF WE NEED TO TAKE UP ADDITIONAL ISSUES. THAT IS WHERE WE'RE
GOING TO START AND THAT'S THE GENERAL OUTLINE, SO IF YOU HAVE ANY
HOUSEKEEPING, NOW WOULD BE A GREAT TIME TO DO THAT, SIR. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON A
MOTION BY MR. GOTTFRIED, PAGE 8, CALENDAR NO. 542, BILL NO. 7712-A,
AMENDMENTS ARE RECEIVED AND ADOPTED.
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NYS ASSEMBLY MAY 2, 2022
ON A MOTION BY MS. PAULIN, PAGE 9, CALENDAR NO. 4 --
547, BILL NO. 8319-B, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. GOTTFRIED, PAGE 13, CALENDAR NO.
566, BILL NO. 9442, AMENDMENTS ARE RECEIVED AND ADOPTED.
MR. MCDONALD FOR THE PURPOSES OF AN INTRODUCTION.
MR. MCDONALD: THANK YOU, MR. SPEAKER. IT IS
MY HONOR AND PRIVILEGE, ALONG WITH MEMBER FAHY, TO WELCOME PASTOR
DAVID TRAYNHAM BACK TO THE NEW YORK STATE ASSEMBLY CHAMBER.
PASTOR TRAYNHAM IS A LIFELONG RESIDENT OF THE CITY OF ALBANY. BACK IN
1990, HE WAS ORDAINED AS A CHRISTIAN MINISTER AND STARTED NEW
HORIZONS CHRISTIAN CHURCH HERE IN ALBANY, AND UP UNTIL 2020, HE AND
HIS WIFE WHO IS WITH HIM TODAY, PASTOR BRENDA TRAYNHAM, SPREAD THE
GOOD WORD THROUGHOUT THE SOUTH END OF ALBANY AND I WOULD SAY ALSO
THE CAPITAL REGION. PASTOR TRAYNHAM IS NO SLACKER BY ANY STRETCH OF
THE IMAGINATION, VERY MUCH INVOLVED IN THE COMMUNITY IN MANY
DIFFERENT ASPECTS, A MEMBERS OF THE ALBANY COUNTY LAND BANK, THE
ALBANY COUNTY ETHICS COMMISSION, THE ALBANY COUNTY EXECUTIVE'S
OPIOID TASK FORCE, THE CITY OF ALBANY COMMUNITY EQUITY ADVISORY
BOARD, CHAIRMAN FOR THE CURE VIOLENCE COMMITTEE, FORMER PRESIDENT
OF THE ALBANY NAACP, AND AS OF RECENTLY THE LAST COUPLE YEARS,
FOUNDER OF THE ALBANY LAW ENFORCEMENT RESOLUTION TEAM, OTHERWISE
KNOWN AS ALERT, WHICH PRIMARY FOCUS IS TO BUILD A RELATIONSHIP
BETWEEN LAW ENFORCEMENT AND MEMBERS OF THE COMMUNITY BECAUSE, AS
YOU MIGHT GUESS, AT TIMES THERE'S TENSION AND WE NEED A PEACEMAKER TO
BRING EVERYBODY TOGETHER TO BE WILLING TO LISTEN TO EACH OTHER.
5
NYS ASSEMBLY MAY 2, 2022
NOW, I WILL TELL YOU BACK ON MARCH 20TH, 2020,
MEMBER FAHY AND MYSELF WERE SCHEDULED TO PRESENT THIS BEAUTIFUL
PROCLAMATION THAT BRENDA IS HOLDING UP IN THE SPEAKER'S SEAT TODAY.
UNFORTUNATELY, COVID HIT US. THAT PROCLAMATION HAS BEEN IN MY CAR
FOR A COUPLE MONTHS, IT WAS IN A PHARMACY FOR A COUPLE MONTHS, AND
NOW IT'S FINALLY SAFELY IN THE HANDS OF PASTOR BRENDA AND DAVID
TRAYNHAM. WE WANT TO THANK THEM FOR THEIR CONTINUED WORK AS THEY
FOCUS ON WHAT I CONSIDER THE THREE MAIN P'S: PEOPLE, PASSION, AND
PUBLIC SERVICE. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF ASSEMBLYMEMBER MCDONALD AND ASSEMBLYWOMAN FAHY, THE
SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU BACK TO THE NEW YORK
STATE ASSEMBLY. CONGRATULATE YOU ON YOUR PROCLAMATION, THOUGH
DELAYED, AND KNOW THAT YOU ARE ALWAYS WELCOME HERE, AS WELL AS YOUR
BEAUTIFUL WIFE. THANK YOU SO VERY MUCH, AND THANK YOU FOR THE PRAYER
TODAY.
(APPLAUSE)
MR. RAMOS FOR THE PURPOSES OF AN INTRODUCTION.
MR. RAMOS: MR. SPEAKER, I RISE FOR THE PURPOSE OF
AN INTRODUCTION. FOR THE PAST 20 YEARS, I'VE HAD THE HONOR TO REPRESENT
A TOWN CALLED BRENTWOOD, WHICH HAS A LARGE SCHOOL DISTRICT, OVER
20,000 STUDENTS. AND THROUGHOUT THE YEARS, WE'VE HAD SOME REAL
ACCOMPLISHMENTS AS FAR AS OUR STUDENTS. BRENTWOOD HAS PRODUCED
OLYMPIC ATHLETES, MANY SCHOLARS, MANY AWARD -- NATIONWIDE AWARD
WINNERS FOR THEIR ACADEMIC ACHIEVEMENT. AND THIS YEAR IS NO -- IS NO
6
NYS ASSEMBLY MAY 2, 2022
DIFFERENT.
TODAY I HAVE WITH ME TWO YOUNG MEN, THEY ARE TWIN
BROTHERS, RICARDO AND ROBERTO LOPEZ, AND THEY HAVE BOTH ACHIEVED AN
AWARD, A NATIONWIDE AWARD FROM REGENERON SCIENCE ACHIEVEMENT, AND
HAVE BOTH BEEN AWARDED $25,000 AND A CHANCE TO COMPETE IN
WASHINGTON, D.C. ROBERTO IS 18 YEARS OLD, HE'S A SENIOR IN THE HIGH
SCHOOL. HE WAS NAMED VALEDICTORIAN OF HIS SENIOR CLASS. HE WAS
ACCEPTED TO MULTIPLE COLLEGES, INCLUDING YALE, HARVARD, COLUMBIA.
HE'S STILL UNDECIDED AS TO WHICH ONE HE WANTS. PART OF THE -- HE'S PART
OF THE BRENTWOOD BOYS SWIM TEAM. ROBERTO'S PASSIONS INCLUDE
SWIMMING, RESEARCH, SPENDING AS MUCH TIME WITH HIS THREE YOUNGEST
BROTHERS AS POSSIBLE, AND HE TAKES PRIDE AND JOY IN BEING AN AVID
VOLUNTEER IN HIS LOCAL HOME COMMUNITY. ROBERTO WAS NAMED
SEMI-FINALIST ALONG WITH HIS IDENTICAL TWIN BROTHER, IN THE NATION'S MOST
PRESTIGIOUS SCIENCE COMPETITION KNOWN AS THE REGENERON SCIENCE
PROJECT. ROBERTO WAS ALSO NAMED A REGENERON FINALIST AND WINNER OF
THE $25,000 CHANCE TO COMPETE IN WASHINGTON.
HIS BROTHER, RICARDO LOPEZ, IS ALSO 18 YEARS OLD. HE'S
THE CAPTAIN OF THE BOYS SWIM TEAM WITH A PASSION FOR RESEARCH.
RICARDO WAS ACCEPTED TO MANY COLLEGES, ALSO: YALE, COLUMBIA, JOHNS
HOPKINS. HIM AND HIS BROTHER -- TWIN BROTHER WILL BE THE FIRST IN THEIR
FAMILY TO ATTEND COLLEGE. STILL UNDECIDED WHICH PLANS -- WHICH COLLEGE
HE'S GOING TO GO TO, BUT HE PLANS TO MAJOR IN BIOLOGY AND FOLLOW IN A
PRE-MED TRACK. THROUGH RESEARCH WHICH HE HAS DONE, HIS BRENTWOOD
CLASS, UNDER THE GUIDANCE OF DR. REBECCA GRELLA, A WONDERFUL TEACHER
7
NYS ASSEMBLY MAY 2, 2022
IN OUR SCHOOL, AND UNDER THE GUIDANCE OF HIS MOTHER WHO ACCOMPANIES
US TODAY, CHERYL D'AGOSTINO, HE HAS ALSO BEEN NOMINATED BY
REGENERON, AND HE ALSO PLAYS AN ACTIVE ROLE IN HIS HOMETOWN AND
COMMUNITY. HE'S THE PRESIDENT OF THE MATH HONOR SOCIETY, A MEMBER
OF THE STUDENT COUNCIL, AND HE'S CURRENTLY GETTING INVOLVED IN FUTURE
ENDEAVORS WITH THE TOWN OF ISLIP YOUTH ADVOCACY BOARD FOR
UNDERPRIVILEGED YOUTH IN THE AREA.
MR. SPEAKER, I ASK YOU TO PLEASE GIVE THEM A WARM
WELCOME AND EXTEND THEM ALL THE COURTESIES OF THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF ASSEMBLYMAN RAMOS, THE SPEAKER AND ALL THE MEMBERS, GENTLEMEN,
RICARDO, ROBERTO, CONGRATULATIONS GENTLEMEN, YOU HAVE DONE AN
EXTRAORDINARY JOB. THE PRIDE YOU MUST BRING TO YOUR FAMILY IS --
CANNOT BE OVERESTIMATED. TO BE THE FIRST IN YOUR FAMILIES TO GO TO
COLLEGE IS EXTRAORDINARY, TO HAVE THOSE EXTRAORDINARY SCHOOLS WANT YOU,
ACCEPT YOU, AND SEEK YOU IS EVEN BETTER. SO WE'RE SO HAPPY TO HAVE
YOU. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE WILL FOLLOW
YOUR SUCCESS. WE KNOW THAT IT WILL LEAD TO A GREAT LIFE AND YOU WILL
MAKE A BETTER STATE AND COUNTRY BY THE WORK THAT YOU DO. THANK YOU
SO VERY MUCH, GENTLEMEN.
(APPLAUSE)
MR. EPSTEIN FOR THE PURPOSES OF AN INTRODUCTION.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE FOR
AN INTRODUCTION. FORTUNATELY, OR UNFORTUNATELY, MY WIFE FOUND ME 30
YEARS AGO TODAY, AND UNFORTUNATELY IT'S A SESSION DAY, BUT HAPPY TO
8
NYS ASSEMBLY MAY 2, 2022
HAVE HER COME WITH ME TO ALBANY, TO HAVE THE MOST IMPORTANT PERSON
IN MY LIFE BE WITH ME TODAY ON THIS AMAZING DAY. I REALLY WANT TO
WELCOME HER TO THE FLOOR AND BRING THE CORDIALITIES OF THE HOUSE, AND
ENCOURAGE PEOPLE TO SAY POSITIVE THINGS ABOUT US TODAY, 30 YEARS LATER,
AND REALLY LOVE HER, APPRECIATE HER, AND THANK HER FOR OUR AMAZING KIDS
AND FAMILY. SO PLEASE WELCOME HER TO THE FLOOR.
ACTING SPEAKER AUBRY: MS. EPSTEIN --
MR. EPSTEIN: ELIOT.
ACTING SPEAKER AUBRY: MS. ELIOT, HOW DID
YOU MANAGE 30 YEARS?
(LAUGHTER)
WE JUST -- WE'VE HAD HIM FOR A LITTLE TIME, OH, MY
GOSH. WE ARE SO PLEASED THAT YOU ARE HERE, YOU'RE FAMILY, YOU WILL
ALWAYS BE WELCOME HERE. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.
AND YOU MUST REALLY LOVE HIM BECAUSE THIS IS WHERE YOU COME FOR YOUR
ANNIVERSARY, OH, MY GOODNESS, BUT WE ARE SO HAPPY TO HAVE YOU, SO
PLEASED THAT YOU HAVE JOINED US AND CHOSE TO JOIN THE ASSEMBLY AT THIS
TIME. MAY YOU ALWAYS CONTINUE THIS LOVE AND ANOTHER 30 YEARS AND
WE'LL SEE YOU AGAIN. THANK YOU SO VERY MUCH.
(APPLAUSE)
WE MUST ALSO NOTE THAT THIS IS ALSO THE END OF
RAMADAN, THE MUSLIM COMMUNITIES ARE CELEBRATING EID TODAY SO WE
ARE MINDFUL OF ALL RELIGIONS IN THE NEW YORK STATE ASSEMBLY.
WE WILL GO TO PAGE 3, RESOLUTIONS. THE CLERK WILL
READ.
9
NYS ASSEMBLY MAY 2, 2022
THE CLERK: ASSEMBLY RESOLUTION NO. 786, MR.
HEVESI.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM APRIL 30TH, 2022 AS ADVERSE CHILDHOOD
EXPERIENCE AWARENESS DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 787, MR.
TAGUE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM APRIL 30TH, 2022 AS THERAPY ANIMAL DAY IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. TAGUE ON THE
RESOLUTION.
MR. TAGUE: THANK YOU, MR. SPEAKER. IT'S MY
HONOR TO JOIN ALL OF MY COLLEAGUES TODAY IN DECLARING APRIL 30TH, 2022
AS THERAPY ANIMAL DAY IN NEW YORK STATE. TODAY WE HONOR THOSE
WHO WORK AND LIVE WITH THERAPY ANIMALS, AND TAKE TIME TO APPRECIATE
THE POSITIVE IMPACT THEY MAKE IN THE LIVES OF COUNTLESS NEW YORKERS
FROM ALL WALKS OF LIFE. THERAPY ANIMALS HAVE BEEN SHOWN TO DO
WONDERS FOR BOTH THE LEVELS OF PAIN AND EMOTIONAL STRESS THAT PEOPLE
FEEL IN TIMES OF NEED. THIS INCLUDES OUR NATION'S HEROS, AS PROGRAMS
CONNECTING RETURNING SERVICE MEMBERS WITH THERAPY DOGS HAVE SHOWN
PROMISING RESULTS IN HELPING THEM ADAPT TO CIVILIAN LIFE.
10
NYS ASSEMBLY MAY 2, 2022
THE USE OF THERAPY ANIMALS IN MAINTAINING HUMAN
WELLNESS WILL ONLY INCREASE OVER TIME, AND I LOOK FORWARD TO EXPLORING
EVEN FURTHER THE ROLES THERAPY ANIMALS CAN PLAY IN THE LIVES OF THOSE
WHO LIVE WITH PAIN AND DISTRESS. THESE ANIMALS PROVIDE HEALING
COMFORT THAT CAN NEVER BE EXTRAPOLATED INTO A DRUG, AND I WILL CONTINUE
TO ADVOCATE UTILIZING THEM IN THE TREATMENT OF PHYSICAL AND MENTAL
AILMENTS, WHENEVER THEIR COMPANIONSHIP MAY BE HELPFUL. IN A TIME
WHEN PRESCRIPTION DRUG ADDICTION IS REACHING NEW HEIGHTS AND TAKING
OUR LOVED ONES FROM US ACROSS THIS STATE, UTILIZING ALTERNATIVE TREATMENT
OPTIONS SUCH AS THERAPY ANIMAL COMPANIONSHIP CAN BOTH PROVIDE MORE
EFFECTIVE CARE AND POTENTIALLY SAVE LIVES.
MR. SPEAKER, I HOPE YOU AND ALL JOIN ME IN SUPPORTING
THERAPY ANIMAL PROGRAMS AND CELEBRATING THE POSITIVE IMPACT THERAPY
ANIMALS MAKE IN THE LIVES OF THOUSANDS OF NEW YORKERS TODAY AND
EVERY DAY. MY COLLEAGUES, PLEASE JOIN ME IN SUPPORTING THIS
RESOLUTION.
ACTING SPEAKER AUBRY: MR. GOODELL, ON THE
RESOLUTION.
MR. GOODELL: THANK YOU, SIR. I RISE IN SUPPORT OF
THIS RESOLUTION AND I JUST WANT TO SHARE WITH MY COLLEAGUES THAT
PERIODICALLY WE HAVE A COUPLE OF LITTLE TINY THERAPY DOGS THAT ATTEND IN
MY OFFICE IN THE LEGISLATIVE OFFICE BUILDING, AND IF ANYONE NEEDS
SOME THERAPY, THEY ARE ALL INVITED TO COME. WE HAVE A STEADY STREAM
OF BOTH REPUBLICAN AND DEMOCRATIC LEGISLATORS WHO APPRECIATE THE
CALMING EFFECT OF THOSE SMALL, LOVING DOGS. WE WILL NOT DISCUSS ANY
11
NYS ASSEMBLY MAY 2, 2022
BILL OR RESOLUTION THAT'S PENDING, BUT IT'S THERE -- BUT THEY ARE THERE TO
GIVE UNEQUIVOCAL LOVE AND ATTENTION. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 788, MS.
JOYNER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2022 AS GLOBAL EMPLOYEE HEALTH AND
FITNESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 789, MR.
MCDONALD.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2022 AS NEUROFIBROMATOSIS MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 790, MR.
BYRNE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2022 AS WATER SAFETY AWARENESS
12
NYS ASSEMBLY MAY 2, 2022
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
ON THE A-CALENDAR, PAGE 3, RULES REPORT NO. 92, THE
CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10135, RULES REPORT
NO. 92, PAULIN, WALKER, JACOBSON, GRIFFIN. AN ACT TO AMEND THE
ELECTION LAW, IN RELATION TO PROVIDING FOR THE DECLINATION OF A
DESIGNATION AS A CANDIDATE OR NOMINATION FOR A PARTY POSITION UNDER
SPECIAL CIRCUMSTANCES.
ACTING SPEAKER AUBRY: THERE IS AN
AMENDMENT AT THE DESK BY MR. TANNOUSIS. TO BRIEFLY EXPLAIN THE
AMENDMENT WHILE THE CHAIR EXAMINES IT, MR. TANNOUSIS.
MR. TANNOUSIS: THANK YOU, MR. SPEAKER. I OFFER
THE FOLLOWING AMENDMENT, WAIVE ITS READING, MOVE FOR ITS IMMEDIATE
ADOPTION AND ASK FOR AN OPPORTUNITY TO EXPLAIN IT.
ACTING SPEAKER AUBRY: PROCEED.
MR. TANNOUSIS: THANK YOU. THIS AMENDMENT,
MR. SPEAKER, WOULD AMEND SECOND 43 OF THE PUBLIC OFFICERS LAW TO
PROVIDE FOR THE FILLING OF A VACANCY IN THE OFFICE OF LIEUTENANT
GOVERNOR IN THE EVENT OF HIS OR HER DEATH, RESIGNATION, IMPEACHMENT,
OR ASCENSION TO GOVERNOR BY APPOINTMENT OF THE GOVERNOR SUBJECT TO
CONFIRMATION BY A MAJORITY VOTE OF EACH HOUSE OF THE LEGISLATURE.
ACTING SPEAKER AUBRY: MR. TANNOUSIS, WE
13
NYS ASSEMBLY MAY 2, 2022
HAVE EXAMINED YOUR AMENDMENT AND FOUND IT NOT GERMANE TO THE BILL
BEFORE THE HOUSE. YOU MAY APPEAL THE RULING OF THE CHAIR.
MR. TANNOUSIS: YES, MR. SPEAKER. I WOULD LIKE
TO APPEAL THAT RULING AND WOULD LIKE TO EXPLAIN FURTHER AS TO
GERMANENESS.
ACTING SPEAKER AUBRY: PROCEED.
MR. TANNOUSIS: THANK YOU, MR. SPEAKER. THE
BILL-IN-CHIEF WOULD AMEND SECTION 6-146 OF THE ELECTION LAW TO
EXTEND THE PERIOD OF TIME BY WHICH A PERSON DESIGNATED AS A CANDIDATE
FOR NOMINATION OR FOR PARTY POSITION, OR NOMINATED FOR AN OFFICE MAY
DECLINE SAID DESIGNATION OR NOMINATION IN THE EVENT THAT THEY ARE
ARRESTED OR CHARGED WITH CERTAIN CRIMES. THE BILL-IN-CHIEF PROPOSES AN
IMMEDIATE EFFECTIVE DATE, THUS IT WOULD NECESSARILY AFFECT THE ELECTION
CYCLE THAT IS CURRENTLY UNDERWAY, WHICH INCLUDES STATEWIDE ELECTED
OFFICES, SPECIFICALLY THE OFFICE OF LIEUTENANT GOVERNOR.
THE BILL-IN-CHIEF SEEKS TO PERMIT A CANDIDATE WHO HAS
BEEN ARRESTED, INDICTED OR CONVICTED OF CRIMINAL CHARGES BETWEEN THEIR
NOMINATION FOR OFFICE AND THE DEADLINE FOR CERTIFYING THE BALLOT ON
WHICH THEY WILL APPEAR. THE BILL-IN-CHIEF AND THE AMENDMENT ADDRESS
THE POSSIBILITY OF THE DECLINATION OF A CANDIDATE AND POTENTIAL RESULTING
VACANCY OF AN OFFICE. THE AMENDMENT PROVIDES FOR THE FILLING OF A
VACANCY IN ONE OF THE STATEWIDE ELECTED OFFICES THAT WOULD BE AFFECTED,
THE OFFICE OF LIEUTENANT GOVERNOR. THIS BILL-IN-CHIEF ADDRESSES THE
PROCEDURE AND PROTOCOL FOR THE DECLINATION OF CANDIDATES FOR PUBLIC
OFFICE, THE OFFICE OF LIEUTENANT GOVERNOR, IN ORDER TO PRESERVE AND
14
NYS ASSEMBLY MAY 2, 2022
PROTECT THE DEMOCRATIC PROCESS. THIS AMENDMENT SIMILARLY ADDRESSES
THE PROCEDURE AND PROTOCOL FOR PROTECTING THE INTEGRITY OF ELECTED OFFICE
IN NEW YORK STATE AND THE DEMOCRATIC PROCESS BY PROVIDING CLARITY
AND UNIFORMITY IN THE PROCEDURE OF FILLING A VACANCY IN THE OFFICE OF
LIEUTENANT GOVERNOR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. LAWLER ON THE AMENDMENT.
MR. LAWLER: THANK YOU, MR. SPEAKER. THE
REASON THIS AMENDMENT IS GERMANE IS BECAUSE WE ALL HAVE A TWITTER
FEED AND WE ALL READ THE PRESS AND WE ALL KNOW WHY WE'RE VOTING ON
THE BILL-IN-CHIEF. THE BILL-IN-CHIEF IS THE BRIAN BENJAMIN REMOVAL
ACT. IT IS ABOUT CREATING AN OPPORTUNITY FOR KATHY HOCHUL, THE
GOVERNOR OF THE STATE OF NEW YORK, TO MAKE UP FOR HER HORRIBLE
JUDGMENT. APPARENTLY ON THE SECOND FLOOR, THEY DON'T KNOW HOW TO
GOOGLE INFORMATION WHEN THEY'RE GOING THROUGH A VETTING PROCESS.
AND SO WHAT THIS BILL -- THIS AMENDMENT WOULD DO IS
ENSURE THAT AS PART OF THE BRIAN BENJAMIN REMOVAL ACT THAT WE, THIS
BODY, HAVE THE OPPORTUNITY TO VET A REPLACEMENT. IT'S VERY SIMPLE. I
DID A GOOGLE SEARCH TODAY. I TYPED IN BRIAN BENJAMIN CAMPAIGN
FINANCE CORRUPTION. I HAD THREE ARTICLES IMMEDIATELY POP UP DATED
JANUARY 4TH, JANUARY 5TH, AND MARCH 28TH OF 2021. THIS IS WELL BEFORE
THE TIME THAT GOVERNOR HOCHUL CHOSE BRIAN BENJAMIN AS HER
LIEUTENANT GOVERNOR.
SO WHAT THIS AMENDMENT SEEKS TO DO AND WHY IT IS
GERMANE IS BECAUSE OF THE FACT THAT WE ALL KNOW WHY WE ARE HERE
15
NYS ASSEMBLY MAY 2, 2022
TODAY, AND THAT IS TO CLEAN UP THE GOVERNOR'S MESS. WHEN YOU LOOK AT
SKELOS V. PATERSON IN 2009, THE COURT OF APPEALS RULED THAT UNDER
PUBLIC OFFICER LAW SECTION 43, GOVERNOR PATERSON HAD THE RIGHT TO
APPOINT A VACANCY AND APPOINT A LIEUTENANT GOVERNOR.
THE SAME RULING FROM 2009 WHEN THE LAST DISGRACED
DEMOCRATIC GOVERNOR RESIGNED, FORCING THE LIEUTENANT GOVERNOR TO
BECOME ELEVATED TO GOVERNOR AND THEREBY CREATING THE VACANCY IS THE
EXACT SAME SCENARIO WE ARE DEALING WITH HERE. GOVERNOR HOCHUL
BECAME GOVERNOR THROUGH THE RESIGNATION OF ANOTHER DISGRACED
GOVERNOR, ANDREW CUOMO, AND THE VACANCY FOR LIEUTENANT GOVERNOR
WAS CREATED. SHE RELIED ON SECTION 43 OF THE PUBLIC OFFICERS LAW TO
FILL THAT VACANCY. AND AS I SAID, APPARENTLY UPON FILLING THAT VACANCY
HER AND HER TEAM ON THE SECOND FLOOR DID NOT KNOW HOW TO DO A BASIC
GOOGLE SEARCH.
SO THIS IS VERY SIMPLE. WHAT THE AMENDMENT SEEKS TO
DO IS ENSURE THAT BY -- IF THIS BILL-IN-CHIEF PASSES AND BRIAN BENJAMIN IS
ABLE TO REMOVE HIMSELF FROM THE BALLOT, THEREBY CREATING AN
OPPORTUNITY FOR THE VACANCY COMMITTEE, WHICH INCLUDES THREE
MEMBERS OF THE ASSEMBLY, BY THE WAY, THE VACANCY COMMITTEE WILL
BE ABLE TO APPOINT SOMEBODY TO FILL THAT VACANCY, WHICH IN THEORY
MEANS THAT THE GOVERNOR WILL APPOINT THAT INDIVIDUAL TO SERVE AS HER
LIEUTENANT GOVERNOR EFFECTIVE IMMEDIATELY. THIS BILL SEEKS TO ENSURE
THAT THERE'S A LEVEL OF LEGISLATIVE OVERSIGHT, AS THERE IS FOR ATTORNEY
GENERAL, AND AS THERE IS FOR COMPTROLLER, A JOINT SESSION OF THE
LEGISLATURE TO APPROVE AN INDIVIDUAL TO BE APPOINTED TO THAT POSITION.
16
NYS ASSEMBLY MAY 2, 2022
IT WOULD AMEND SECTION 43 OF THE PUBLIC OFFICERS LAW AND ENSURE THAT
A COMPETENT INDIVIDUAL WHO HAS NOT BEEN ACCUSED OF A CRIME, WHO HAS
NOT BEEN ARRESTED, WHO HAS NOT BEEN CONVICTED, IS NOT APPOINTED TO THE
SECOND-MOST POWERFUL POSITION IN THE STATE OF NEW YORK.
NONE OF THIS TODAY WOULD BE NECESSARY IF THE
GOVERNOR OF THE STATE OF NEW YORK DIDN'T HAVE HORRIBLE JUDGMENT.
THAT SHE DOES IS WHY WE ARE HERE TODAY. AND LET'S BE VERY CLEAR, THIS
BILL-IN-CHIEF IS PURELY POLITICAL, PURELY POLITICAL. THERE IS NO OTHER
REASON TO DO THIS BILL EFFECTIVE IMMEDIATELY EXCEPT TO BAIL THE
GOVERNOR OUT, AND THAT IS WHY THE AMENDMENT IS SO CRITICAL TO ENSURE,
TO ENSURE WE DON'T HAVE A REPEAT DISASTER UNDER KATHY HOCHUL. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. RA.
MR. RA: THANK YOU, MR. SPEAKER, ON THE
GERMANENESS OF THIS AMENDMENT. SO WE'VE DONE, YOU KNOW, PLENTY OF
AMENDMENTS OVER THE TIME MANY OF US HAVE BEEN HERE, BUT WHAT DOES
IT MEAN THAT SOMETHING IS GERMANE? THE ONLY MENTION OF GERMANENESS
IN OUR RULES SAYS NO AMENDMENT SHALL BE ALLOWED TO ANY BILL WHICH IS
NOT GERMANE TO THE ORIGINAL OBJECT OR PURPOSE THEREOF. SO THAT DOESN'T
PROVIDE A LOT OF DETAIL. YOU MIGHT MAYBE LOOK UP THE DICTIONARY
DEFINITION OF GERMANENESS, BUT ONE OF THE PLACES WE OFTEN LOOK WHEN
OUR RULES ARE SILENT ABOUT THINGS ARE SOME OF THE INFORMATION THAT'S OUT
THERE ON RULES. SO ROBERT'S RULES OF ORDER, SECTION 12, DETERMINING
THE GERMANENESS OF AN AMENDMENT: AS ALREADY STATED, AN
17
NYS ASSEMBLY MAY 2, 2022
AMENDMENT MUST BE GERMANE TO BE IN ORDER. TO BE GERMANE, AN
AMENDMENT MUST, IN SOME WAY, INVOLVE THE SAME QUESTION THAT IS
RAISED BY THE MOTION TO WHICH IT IS APPLIED.
SO WHAT'S THE QUESTION BEFORE US IN THIS BILL-IN-CHIEF?
WE'RE TALKING ABOUT SOMEBODY BEING ABLE TO, AFTER THEY'RE ARRESTED,
CHARGED WITH A CRIME, TO GET OFF OF THE BALLOT. BUT WE'RE NOT JUST DOING
THAT IN A THEORETICAL SENSE BECAUSE WE'RE MAKING IT APPLICABLE TO RIGHT
NOW. WE'RE MAKING IT APPLICABLE TO A SITUATION WE ARE CURRENTLY UNDER,
WHICH IS THAT THE NEW YORK STATE DEMOCRATIC PARTY NOMINATED
SOMEBODY TO BE ATTORNEY GENERAL -- I'M SORRY, TO BE LIEUTENANT
GOVERNOR. THAT PERSON WAS -- HAD BEEN PREVIOUSLY APPOINTED
LIEUTENANT GOVERNOR BY THE GOVERNOR, AND THERE WAS NO PROCESS
WHATSOEVER. SHE CHOSE THE PERSON. SHE VETTED THE PERSON - WE MIGHT
WANT TO DEBATE LANGUAGE HERE, WE COULD TALK ABOUT VETTING BECAUSE
OBVIOUSLY THAT DIDN'T HAPPEN - BUT SHE CHOSE THIS PERSON WITH
ABSOLUTELY NO OVERSIGHT.
NOW, ANY OF MY COLLEAGUES WHO HAVE BEEN HERE FOR A
NUMBER OF YEARS, BEFORE I WAS HERE THERE WAS A VACANCY IN THE STATE
COMPTROLLER'S OFFICE. WE CAME TOGETHER IN A JOINT SESSION AND THERE
WAS A VOTE TAKEN. SENATE, ASSEMBLY TO APPOINT A NEW COMPTROLLER. A
FEW YEARS AGO, THE ATTORNEY GENERAL RESIGNED. AGAIN, JOINT SESSION
OCCURRED AND THERE WAS A VOTE TAKEN AND AN ATTORNEY GENERAL WAS
APPOINTED. WE HAVE NO SUCH PROCEDURE FOR A VACANCY IN THE OFFICE OF
LIEUTENANT GOVERNOR. AND, IN FACT, BECAUSE IT WAS SO UNCLEAR, THERE
WAS LITIGATION BACK WHEN GOVERNOR PATERSON WANTED TO APPOINT A
18
NYS ASSEMBLY MAY 2, 2022
LIEUTENANT GOVERNOR. AND ULTIMATELY, THE COURTS DECIDED THAT HE WAS
ABLE TO DO SO.
SO WHAT'S THE QUESTION THAT I SEE HERE WHEN IT COMES
TO THIS AMENDMENT? IF WE DEFEAT THIS AMENDMENT AND WE APPROVE THE
BILL-IN-CHIEF, THE ONLY PEOPLE WHO WILL GET A VOTE AS TO WHO THE NEXT
LIEUTENANT GOVERNOR OF NEW YORK STATE IS WILL BE THE PEOPLE THAT
WERE DESIGNATED ON THE NEW YORK STATE DEMOCRATIC PARTY'S
COMMITTEE TO FILL VACANCIES. THOSE ARE THE ONLY PEOPLE THAT WILL HAVE
A VOTE ON IT. NONE OF US IN THE ELECTED LEGISLATURE WILL HAVE A VOTE ON
IT, THE PERSON WHO WILL BE FIRST IN THE LINE OF SUCCESSION TO BE THE
EXECUTIVE OF THIS STATE. SO THAT'S THE QUESTION BEFORE YOU RIGHT HERE.
SHOULD US, AS THE LEGISLATURE, HAVE THE ABILITY TO APPROVE THAT
INDIVIDUAL, JUST LIKE THE 25TH AMENDMENT DOES AT THE FEDERAL LEVEL?
OR DO WE THINK THE ONLY PEOPLE WHO SHOULD HAVE THAT ABILITY ARE THE
PEOPLE THAT WERE DESIGNATED BY THE NEW YORK STATE DEMOCRATIC PARTY
ON THE COMMITTEE TO FILL VACANCIES UNDER CERTIFICATE OF NOMINATION FOR
FORMER LIEUTENANT GOVERNOR BENJAMIN.
SO I URGE YOU TO VOTE THAT THIS IS A GERMANE
AMENDMENT AND TO ADOPT IT. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. TANNOUSIS APPEALS THE DECISION OF THE CHAIR. THE
QUESTION BEFORE THE HOUSE IS SHALL THE DECISION OF THE CHAIR STAND AS
THE JUDGMENT OF THE HOUSE? THOSE VOTING YES VOTE TO SUSTAIN THE
RULING OF THE CHAIR. THOSE VOTING NO VOTE TO OVERRIDE THE DECISION OF
THE CHAIR.
19
NYS ASSEMBLY MAY 2, 2022
THE CLERK WILL RECORD THE VOTE.
THIS IS A PARTY VOTE. ANY MEMBER WHO WISHES TO BE
RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WITH ALL DUE
RESPECT TO THE DECISION OF THE CHAIR, THE REPUBLICAN CONFERENCE IS
GENERALLY VOTING IN FAVOR OF OVERRIDING THAT DECISION. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE HONORS YOUR DECISION THAT THIS
AMENDMENT BEFORE US TODAY IS NOT GERMANE, AND NO MATTER HOW DEEPLY
OUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE WANT TO GO INTO THE
POLITICAL FODDER, THIS IS ABOUT EXACTLY WHAT THE BILL CALLS -- THE
BILL-IN-CHIEF CALLS FOR. IT'S ALLOWING SOMEONE WHO IS NOT GOING TO RUN
FOR THIS OFFICE TO HAVE THEIR NAME REMOVED FROM THE BALLOT. THANK
YOU, SIR. SO COLLEAGUES WILL BE VOTING IN FAVOR OF THIS ONE; HOWEVER,
THERE MAY BE A FEW WHO WOULD LIKE TO BE AN EXCEPTION. THEY SHOULD
FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE TO MAKE THAT VOTE
KNOWN AND WE'LL MAKE SURE IT'S PROPERLY RECORDED.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
20
NYS ASSEMBLY MAY 2, 2022
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE RECORD OUR COLLEAGUES MS. BUTTENSCHON AND MRS. GUNTHER
IN THE NEGATIVE ON THIS AMENDMENT.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE RULING OF THE CHAIR IS SUSTAINED ON BILL NO.
10135.
WE HAVE AN ADDITIONAL AMENDMENT AT THE DESK BY MR.
LAWLER, WHO WILL BRIEFLY EXPLAIN THE AMENDMENT WHILE WE EXAMINE
THAT.
MR. LAWLER: THANK YOU, MR. SPEAKER. I OFFER THE
FOLLOWING AMENDMENT, WAIVE ITS READING, MOVE FOR ITS IMMEDIATE
ADOPTION, AND ASK FOR AN OPPORTUNITY TO EXPLAIN IT.
ACTING SPEAKER AUBRY: PROCEED, SIR.
MR. LAWLER: THANK YOU, MR. SPEAKER. THE
BILL-IN-CHIEF WOULD AMEND SECTION 6-146 OF THE ELECTION LAW TO
EXTEND THE PERIOD OF TIME BY WHICH A PERSON DESIGNATED AS A CANDIDATE
FOR NOMINATION OR FOR PARTY POSITION OR NOMINATED FOR AN OFFICE MAY
DECLINE SAID DESIGNATION OR NOMINATION IN THE EVENT THAT THEY ARE
ARRESTED OR CHARGED WITH CERTAIN CRIMES. THIS AMENDMENT CHANGES THE
EFFECTIVE DATE OF THIS LEGISLATION TO JANUARY 1ST, 2023.
ACTING SPEAKER AUBRY: THE CHAIR HAS
EXAMINED YOUR AMENDMENT, MR. LAWLER, AND FOUND IT GERMANE TO THE
BILL BEFORE THE HOUSE.
21
NYS ASSEMBLY MAY 2, 2022
ON THE AMENDMENT, MR. LAWLER.
MR. LAWLER: THANK YOU, MR. CHAIR -- MR.
SPEAKER.
ACTING SPEAKER AUBRY: THIS IS NO AFFRONT TO
MR. TANNOUSIS' AMENDMENT, THAT'S FOR SURE.
MR. LAWLER: IT WAS A FINE AMENDMENT.
SO MR. SPEAKER, WHEN YOU LOOK AT THE POLITICAL
CALENDAR THAT WAS RELEASED BY THE NEW YORK STATE BOARD OF ELECTIONS,
THE PERIOD BY WHICH SOMEONE MAY BE NOMINATED FOR A POSITION FOR
STATEWIDE OFFICE WAS FEBRUARY 8TH THROUGH MARCH 1ST. AND AS I RECALL,
WE WERE IN SESSION AND MANY OF OUR COLLEAGUES DID NOT ATTEND THAT DAY
SO THAT THEY COULD GO TO THE DEMOCRATIC CONVENTION AND NOMINATE
GOVERNOR HOCHUL AND LIEUTENANT GOVERNOR BENJAMIN. AND WHEN YOU
LOOK AT THE CALENDAR, THE DAY TO DECLINE A NOMINATION, THE LAST DAY TO
DECLINE A NOMINATION FROM A CONVENTION WAS FEBRUARY 25TH OF 2022.
THE LAST DAY TO FILL A VACANCY WAS MARCH 1ST, 2022. THOSE DEADLINES
HAVE OBVIOUSLY SINCE PASSED.
AND SO WHAT THE BILL-IN-CHIEF SEEKS TO DO IS CHANGE
THE RULES IN THE MIDDLE OF THE GAME, RULES THAT WERE ESTABLISHED FOR
EVERYONE ACROSS THE STATE OF NEW YORK IN A POLITICAL CALENDAR THAT WAS
ADOPTED BY THE BOARD OF ELECTIONS BASED ON STATE ELECTION LAW. THE
BILL-IN-CHIEF SEEKS TO REMEDY A SITUATION THAT HAS ARISEN DUE TO THE
ALLEGED CRIMINAL ACTS OF OUR FORMER LIEUTENANT GOVERNOR AND THE
HORRIFIC JUDGMENT OF OUR GOVERNOR. CLEARLY, SHE CHOSE POORLY, AND SHE
SHOULD HAVE TO LIVE WITH THE CONSEQUENCES OF THAT DECISION. TO
22
NYS ASSEMBLY MAY 2, 2022
CHANGES THE RULES IN THE MIDDLE OF THE GAME TO BENEFIT ONE PERSON, THE
GOVERNOR OF THE STATE OF NEW YORK, IS OUTRAGEOUS.
IT IS NOT TO SAY THAT THE INTENT OF THE BILL IS WRONG. I
THINK WE ALL AGREE WE WOULD LIKE A GOVERNMENT FREE OF CORRUPTION; WE
WOULD LIKE A GOVERNMENT FREE OF ELECTED OFFICIALS BEING ARRESTED; WE
WOULD LIKE A GOVERNMENT FREE OF ELECTED OFFICIALS BEING CONVICTED OF
CRIMES. I DON'T THINK ANYBODY IN THE STATE OF NEW YORK DISAGREES WITH
THAT. BUT WHAT THEY DO DISAGREE WITH IS THE NAKED POLITICAL
PARTISANSHIP THAT THIS BILL SEEKS TO ENACT. THE BILL-IN-CHIEF SEEKS TO
REMEDY A UNIQUE SITUATION BROUGHT ABOUT BY THE GOVERNOR AND THE
LIEUTENANT GOVERNOR. DOES ANYBODY THINK THAT IF ONE OF THE OTHER
CANDIDATES FOR LIEUTENANT GOVERNOR FOUND THEMSELVES IN THIS SITUATION,
OR THAT A REPUBLICAN CANDIDATE FOR LIEUTENANT GOVERNOR OR STATEWIDE
OFFICE FOUND THEMSELVES IN THIS SITUATION, DOES ANYONE THINK THIS BILL
WOULD BE BEFORE US TODAY? DOES ANYONE THINK THAT THIS BILL WOULD TAKE
EFFECT IMMEDIATELY? OF COURSE NOT. AND ANYBODY WHO SAYS SO IS LYING
THROUGH THEIR TEETH.
THE BOTTOM LINE HERE IS THIS: THE AMENDMENT
PROPOSED WOULD ENSURE THAT THE ACTUAL INTENT OF THIS BILL DOES GO INTO
EFFECT, BUT IT GOES INTO EFFECT NEXT YEAR SO THAT FUTURE ELECTIONS WILL BE
GOVERNED UNDER THESE RULES. TO CHANGE THE RULES IN THE MIDDLE OF THE
GAME IS WRONG, IT'S CYNICAL, AND IT SHOWS A BLATANT DISREGARD AND
DISRESPECT TO THE VOTERS IN THE STATE OF NEW YORK. THERE ARE ALREADY
OTHER CANDIDATES ON THE BALLOT WHO WENT THROUGH THE PETITION PROCESS
AND GOT ON THE BALLOT FOR LIEUTENANT GOVERNOR IN THE DEMOCRATIC
23
NYS ASSEMBLY MAY 2, 2022
PRIMARY. DO THE PEOPLE IN THIS BODY THINK THE DEMOCRATIC VOTERS ARE
THAT STUPID THAT THEY CAN'T CHOOSE SOMEBODY WHO HAS NOT BEEN ARRESTED
OR UNDER INDICTMENT? DO YOU THINK SO LITTLE OF YOUR OWN PARTY AND
YOUR OWN VOTERS? ARE THEY INCAPABLE OF MAKING A REASONED JUDGMENT
GIVEN ALL THE FACTS? I WOULD ARGUE THAT THEY ARE ABLE TO DELINEATE; HECK,
TWO YEARS AGO THERE WAS A PRIMARY FOR STATE ASSEMBLY, A FORMER
MEMBER OF THE STATE SENATE WHO SLASHED HIS GIRLFRIEND WITH A BROKEN
BOTTLE, THE VOTERS CHOSE WISELY, HENCE WE HAVE THE SPEAKER PRO TEM.
VOTERS ARE SMART ENOUGH TO FIGURE IT OUT, THEY'RE NOT STUPID. THIS BILL
SEEMS TO INDICATE THAT THEY'RE STUPID AND INCAPABLE OF MAKING A
DECISION BASED ON THE FACTS.
SO I STRONGLY ENCOURAGE EVERYONE TO ADOPT THIS
AMENDMENT THAT CHANGES THE EFFECTIVE DATE. IT'S LITERALLY ONE CHANGE.
IT CHANGES THE EFFECTIVE DATE TO JANUARY 1ST, 2023. THAT SEEMS LIKE A
FAIR, REASONABLE AND HONEST COMPROMISE, AND ENSURES THAT THE INTENT OF
THE BILL MOVES FORWARD. NOBODY'S AGAINST THAT, BUT WE ARE AGAINST
PASSING LEGISLATION TO BENEFIT ONE INDIVIDUAL AND ONE POLITICAL PARTY IN
THE MIDDLE OF AN ELECTION.
SO MR. SPEAKER, I THINK THIS AMENDMENT IS FAIR, IT'S
REASONABLE, AND I WOULD HOPE THAT THIS BODY ADOPT THE AMENDMENT SO
THAT NEW YORKERS CAN HAVE CONFIDENCE IN THEIR STATE GOVERNMENT, THAT
NEW YORKERS CAN TRUST THAT WHEN LEGISLATION IS PUT FORWARD IT IS NOT PUT
FORWARD SOLELY TO BENEFIT ONE INDIVIDUAL OR ONE POLITICAL PARTY, BUT THAT
IT IS TO ENSURE A FAIR AND EVEN PLAYING FIELD, AND TO ENSURE A FAIR
ELECTION. WE DON'T HAVE DICTATORSHIPS. WE DO NOT HAVE ROYALTY IN THE
24
NYS ASSEMBLY MAY 2, 2022
UNITED STATES OR IN THE STATE OF NEW YORK. YOU ARE NOT ENTITLED TO
THESE SEATS. CHANGING THE RULES TO BENEFIT GOVERNOR HOCHUL IS
SHAMEFUL. IT'S SHAMEFUL. AND THE FACT THAT SHE HAS DEMANDED THIS BILL
- THIS IS A GOVERNOR'S PROGRAM BILL - AND THE FACT THAT THIS BODY IS
MOVING FORWARD WITH IT WITH RECORD SPEED IS WRONG.
WITH THAT, MR. SPEAKER, I ENCOURAGE EVERYONE TO
SUPPORT THE AMENDMENT AND LET THE EFFECTIVE DATE BE JANUARY 1ST, 2023.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE. THIS IS A PARTY VOTE. ANY MEMBER WHO WISHES TO BE
RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS SUPPORTIVE OF THIS COMMONSENSE AMENDMENT TO CHANGE
THE ELECTION LAW PROCEDURE IN THE FUTURE RATHER THAN DOING IT IN THE
FACE OF OBVIOUS CORRUPTION THAT'S FACING THE DEMOCRATIC PARTY NOW, AND
WE HOPE, BY THE WAY, THAT IF WE DO EXTEND IT FOR A YEAR WE WON'T HAVE
TO GO THROUGH THIS PROCEDURE AGAIN. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER -- MR. SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN
THE NEGATIVE ON THIS RESOLUTION -- AMENDMENT RATHER. I CERTAINLY DO
HEAR MY COLLEAGUE'S COMMENTS AS IT RELATES TO PEOPLE NOT BEING
INTERESTED IN A GOVERNMENT THAT IS CORRUPT, BUT I MIGHT REMIND THEM
25
NYS ASSEMBLY MAY 2, 2022
THAT WE SAT THROUGH FOUR YEARS OF A CORRUPT GOVERNMENT AT THE FEDERAL
LEVEL AND SOME PEOPLE ARE STILL DESIRING TO SEE THIS GENTLEMAN ELECTED
AGAIN. SO I WOULD ENCOURAGE MY COLLEAGUES TO VOTE THIS PARTICULAR
AMENDMENT DOWN; HOWEVER, MR. SPEAKER, THERE MAY BE SOME OF OUR
COLLEAGUES WHO WOULD LIKE TO BE AN EXCEPTION. THEY SHOULD FEEL FREE
TO CONTACT THE MAJORITY LEADER'S OFFICE AND THEIR VOTE WILL BE PROPERLY
RECORDED. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU BOTH.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE RECORD OUR COLLEAGUE, MS. BUTTENSCHON, IN THE AFFIRMATIVE
ON THIS ONE.
ACTING SPEAKER AUBRY: SO NOTED.
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE AMENDMENT IS DEFEATED.
ON THE BILL.
MR. NORRIS.
MR. NORRIS: THANK YOU, MR. SPEAKER. I WOULD
LIKE AN EXPLANATION AND IF THE SPONSOR WOULD YIELD FOR A FEW QUESTIONS,
PLEASE.
ACTING SPEAKER AUBRY: MS. PAULIN, AN
EXPLANATION HAS BEEN REQUESTED.
MS. PAULIN: CERTAINLY. THE BILL WOULD PERMIT A
26
NYS ASSEMBLY MAY 2, 2022
PERSON DESIGNATED AS A CANDIDATE FOR NOMINATION OR FOR PARTY POSITION,
OR NOMINATED FOR AN OFFICE, TO DECLINE THE NOMINATION IN ADDITIONAL
CERTAIN CIRCUMSTANCES.
MR. NORRIS: OKAY. AND WOULD THAT INCLUDE THE
FORMER LIEUTENANT GOVERNOR, BRIAN BENJAMIN?
MS. PAULIN: CAN YOU --
MR. NORRIS: WOULD THAT INCLUDE THE FORMER
LIEUTENANT GOVERNOR BRIAN BENJAMIN?
MS. PAULIN: YES.
MR. NORRIS: CANDIDATE FOR LIEUTENANT GOVERNOR
RIGHT NOW?
MS. PAULIN: YES, IT WOULD.
MR. NORRIS: ALL RIGHT. AND MY NEXT QUESTION FOR
YOU IS WILL -- IF A DECLINATION IS FILED, NOT JUST IN THAT PARTICULAR
SITUATION OR OTHERS UNDER THE BILL, WILL A COMMITTEE FOR VACANCIES BE
PERMITTED TO FILL A VACANCY ON THE BALLOT?
MS. PAULIN: YES, IT WOULD.
MR. NORRIS: IT WOULD. OKAY. AND THEN MY NEXT
QUESTION IS IN THE BILL TEXT ITSELF, THIS DECLINATION COULD BE FILED UP UNTIL
THE LAST DAY TO CERTIFY THE BALLOT, WHICH MY UNDERSTANDING WOULD BE
MAY 4TH; IS THAT CORRECT?
MS. PAULIN: FIFTY-FIVE DAYS INTO THE LAW.
MR. NORRIS: FIFTY-FIVE DAYS. WOULD THAT BE MAY
4TH UNDER THE CURRENT --
MS. PAULIN: YES.
27
NYS ASSEMBLY MAY 2, 2022
MR. NORRIS: THE CHANGING BY THE 2ND, BUT IF
APPROVED RIGHT NOW.
MS. PAULIN: YES, YEAH.
MR. NORRIS: OKAY. NOW, WAS IT CONTEMPLATED BY
YOU WHETHER OR NOT IT SHOULD SAY IN THE BILL TEXT FOUR DAYS PRIOR TO THE
CERTIFICATION, BECAUSE IT'S MY UNDERSTANDING THAT YOU WOULD HAVE FOUR
DAYS TO MAKE A SUBSTITUTION.
MS. PAULIN: RIGHT NOW IF YOU DIED OR MOVED
WHICH ARE, YOU KNOW, OR YOU WERE NOMINATED TO ANOTHER OFFICE, THERE'S
NOTHING IN THE LAW THAT PRECLUDES THAT REALLY FROM BEING UNTIL THE LAST
MINUTE. SO THERE'S -- THERE'S NO REASON TO HAVE FOUR DAYS BEFORE. WE
JUST THOUGHT THAT THE DATE OF CERTIFICATION, AS WAS IN MY ORIGINAL BILL,
WAS A GOOD DATE TO DO IT. SO NO, IT WAS NOT CONTEMPLATED.
MR. NORRIS: ISN'T IT IRONIC THAT WE'RE IN A SITUATION
NEGOTIATIONS, ACCORDING TO TWITTER, WERE TAKING PLACE OVER THE
WEEKEND AND THROUGH ACTUALLY TO -- AT LEAST THROUGH FRIDAY NIGHT WHEN
THE BILL WAS SUBMITTED; IS THAT THE REASON WHY IT'S NOT FOUR DAYS PRIOR
TO, BECAUSE THE TIME FRAME WE ARE RIGHT NOW WITH THE CURRENT SITUATION?
MS. PAULIN: SO THE ORIGINAL REASON I PUT THE BILL
IN -- AS YOU KNOW, I HAD THE BILL PRIOR TO THE PROGRAM BILL, WAS FOR THE
VOTERS. THE VOTERS DESERVE TO VOTE FOR SOMEONE WHO IS NOT UNDER
INDICTMENT AND/OR HAS NO INTENTION OF SERVING ONCE ELECTED. SO IT WAS
PURPOSEFUL TO BE ABLE TO INCLUDE THIS CIRCUMSTANCE.
MR. NORRIS: WITH THE CURRENT SITUATION WITH THE
FORMER LIEUTENANT GOVERNOR?
28
NYS ASSEMBLY MAY 2, 2022
MS. PAULIN: YES.
MR. NORRIS: OKAY. NOW, MY NEXT QUESTION WOULD
BE IS THERE A REMEDY RIGHT NOW FOR VOTERS IN THE EVENT THAT WE WERE NOT
TO PASS THIS BILL? IS THERE A REMEDY FOR THEM, THE VOTERS?
MS. PAULIN: YES. THEY -- THE GENTLEMAN WE'RE
TALKING ABOUT COULD MOVE, OR COULD GET NOMINATED TO ANOTHER POSITION.
ONE WOULD BE UNFAIR TO HIM AND THE OTHER WOULD BE ALMOST FRAUDULENT
TO THE VOTERS BECAUSE HE WOULD BE NOMINATED FOR SOMETHING, AGAIN,
THAT HE DOESN'T INTEND TO BE -- TO BE ELECTED TO.
MR. NORRIS: OKAY. WELL, I UNDERSTAND THAT FOR THE
CANDIDATE, BUT WHAT ABOUT FOR THE VOTERS? IS THERE AN OPTION FOR THEM
WHEN THEY GO IN THE VOTING BOOTH THIS YEAR?
MS. PAULIN: THERE'S AN OPTION FOR TWO CANDIDATES
WHO PETITION WHO WERE NOT REPRESENTATIVE OF THE PARTY AT-LARGE, BUT NOT
AN OPTION FOR VOTERS WHO ARE PARTY MEMBERS WHO BELIEVE THAT THAT
SHOULD HAVE BEEN -- THEY SHOULD HAVE THAT OPTION.
MR. NORRIS: OKAY. IN THE CURRENT SITUATION FOR THE
LIEUTENANT GOVERNOR IN THE DEMOCRATIC LINE, IS THERE A PRIMARY RIGHT
NOW BETWEEN OTHER CANDIDATES WITH THE EXCEPTION OF -- FOR THE
LIEUTENANT GOVERNOR?
MS. PAULIN: YES, YES.
MR. NORRIS: OKAY. WOULD THAT OPEN UP, THEN, A
PRIMARY ON THE BALLOT FOR VOTERS TO WRITE IN?
MS. PAULIN: THERE'S ALWAYS AN OPTION TO WRITE IN.
MR. NORRIS: SO THERE IS A REMEDY FOR THE VOTERS
29
NYS ASSEMBLY MAY 2, 2022
THIS YEAR TO WRITE IN ANOTHER NAME. SO IF THE GOVERNOR OF THE STATE OF
NEW YORK SAYS THIS PERSON, X, IS GOING TO BE MY CANDIDATE, THE
MEMBERS OF THE DEMOCRATIC PARTY COULD GO IN AND WRITE IN A NAME ON
THAT BALLOT; IS THAT CORRECT?
MS. PAULIN: I DON'T KNOW HOW MANY WRITE-IN
ELECTIONS YOU'VE BEEN INVOLVED IN, I HAVE BEEN INVOLVED IN A WRITE-IN.
IT'S A VERY DIFFICULT PROCESS AND VOTERS OFTEN MAKE MISTAKES IN THE
WRITE-IN; IT'S VERY TECHNICALLY COMPLEX. SO I DON'T KNOW WHAT KIND OF
REMEDY THAT REALLY IS FOR VOTERS BECAUSE VOTERS MAY NOT BE ABLE TO AVAIL
THEMSELVES OF A WRITE-IN IN THE WAY THAT A WRITE-IN WOULD BE RECEIVED
PROPERLY BY THE BOARD OF ELECTIONS.
MR. NORRIS: I'M FAMILIAR WITH WRITE-INS, IN MY
NECK OF THE WOODS, THE CITY OF BUFFALO, THE MAYOR OF BUFFALO HAD NO
OTHER OPTIONS IN THE GENERAL ELECTION, HE CHOSE TO DO A WRITE-IN
CAMPAIGN AND GET OVER 30,000 WRITE-IN VOTES USING STAMPS.
MS. PAULIN: I'M NOT JUST SUGGESTING IT CAN'T
HAPPEN, I'M JUST SUGGESTING IT'S DIFFICULT.
MR. NORRIS: AND LISA MURKOWSKI, THE SENATOR
FROM ALASKA, A STATEWIDE ELECTION, THERE WAS A WRITE-IN CAMPAIGN THAT
SHE RAN.
MS. PAULIN: I AGREE THAT THERE'S A REMEDY;
HOWEVER, THIS IS A BETTER REMEDY.
MR. NORRIS: OKAY. NOW, MY NEXT QUESTION FOR
YOU IS SINCE WE'RE MAKING THIS PERMANENT CHANGE, I UNDERSTAND THAT IT'S
GOING TO ADDRESS POTENTIALLY MR. BENJAMIN'S SITUATION, BUT IT WILL ALSO
30
NYS ASSEMBLY MAY 2, 2022
BE IN STATUTE POTENTIALLY FOR A LONG TIME. DID YOU CONSIDER ANY OTHER
REASONS FOR DECLINATIONS, FOR EXAMPLE, ILLNESS, SERIOUS ILLNESS, SOMEONE
WHO IS DIAGNOSED WITH CANCER, SOMEONE WHO HAS BEEN INVOLVED WITH A
SERIOUS MOTOR VEHICLE ACCIDENT AND IS DISABLED, WHERE THEY'RE ON THE
BALLOT. AND OTHER, MASSIVE STROKE, FOR EXAMPLE. WAS THAT IN
CONSIDERATION WHEN WE WERE DOING THIS COMPREHENSIVE BILL TO LOOK AT
THE DECLINATIONS?
MS. PAULIN: ACTUALLY, MY ORIGINAL BILL INCLUDED
OTHER PROVISIONS, TWO OTHER PROVISIONS IN ADDITION TO THIS ONE, SO I AM
VERY SUPPORTIVE; HOWEVER, AS SOMEONE WHO DOES GET A LOT OF
TWO-HOUSE BILLS AND LAWS ENACTED, I RECOGNIZED THAT SOMETIMES YOU
HAVE TO MAKE COMPROMISE AND YOU HAVE TO TAKE BABY STEPS. SO THIS IS
A BABY STEP. I DO INTEND, THOUGH, TO INTRODUCE OTHER PROVISIONS BECAUSE
I THINK THIS SITUATION, AS YOU'RE SUGGESTING WITH ILLNESS, WARRANTS IT.
MR. NORRIS: LET ME ASK YOU ONE MORE QUESTION,
WE JUST -- THE AMENDMENT WAS DEFEATED, UNFORTUNATELY, TO MAKE THIS
EFFECTIVE NEXT YEAR SINCE WE'RE IN THE MIDDLE OF AN ELECTION SEASON
RIGHT NOW, IT'S BEEN ONGOING NOW SINCE AT LEAST THE END OF FEBRUARY,
WHY ARE WE CHANGING THIS IN THE MIDDLE OF THE GAME?
MS. PAULIN: BECAUSE WE RECOGNIZE THAT WE HAVE A
SITUATION RIGHT NOW THAT WE HAVE TO REMEDY. YOU KNOW, SO MANY
TIMES I CAN THINK OF SITUATIONS WHERE WE HAVE DONE LAWS THAT WE KNOW
HAVE TO ADDRESS A CERTAIN CIRCUMSTANCE, AND WE DO THEM AS QUICKLY AS
WE CAN TO BE ABLE TO ADDRESS THAT CIRCUMSTANCE. SO IT WOULD BE REALLY
UNFORTUNATE TO DO THIS AFTER THE FACT AND NOT TO BE ABLE TO HELP THE
31
NYS ASSEMBLY MAY 2, 2022
VOTERS VOTE FOR SOMEONE IN THIS ELECTION.
MR. NORRIS: LET'S GO BACK TO THE CERTIFICATION, IF
THAT'S OKAY WITH YOU. SUPPOSED TO BE CERTIFIED ON MAY 4TH. IN THE
EVENT THAT A DECLINATION, A SUBSTITUTION ARE NOT FILED BY THAT DAY, WILL
ABSENTEE BALLOTS IN THE PRINTING OF OTHER BALLOTS, PARTICULARLY OUR
MILITARY BALLOTS, BE HARMED IN ANY WAY?
MS. PAULIN: NO. ACCORDING TO ELECTION LAW
10-108, WHICH SETS OUT THE PROVISIONS FOR MILITARY BALLOTS WHICH
COMPLIMENTS THE FEDERAL LAW, MILITARY BALLOTS ACTUALLY ACCORDING TO
STATE LAW HAVE TO BE SECTIONALLY CERTIFIED OR PROCESSED 46 DAYS, THERE'S
A NINE-DAY WINDOW. I HAVE THE SAME CONCERN AND WONDERED THE SAME
THING SO WHEN CHECKING WITH THE STATE BOARD LEARNED ABOUT THE
NINE-DAY WINDOW AND LEARNED THAT IF WE ARE AS WE ARE IN THIS BILL
ALLOWING FOUR DAYS, THAT STILL GIVES A FIVE-DAY WINDOW FOR THOSE -- FOR
THOSE NAMES TO BE CHANGED AND INCORPORATED INTO ANY MILITARY
ABSENTEE BALLOT GOING OUT. ALSO, I LEARNED IN TALKING TO THE STATE BOARD
THAT THERE HAVE BEEN TIMES, AS WE KNOW, WHEN SOMEONE DIES OR MOVES,
WHERE THERE HAS TO BE AN ADDITIONAL BALLOT SENT OUT TO THE MILITARY, SO
THAT PROVISION WOULD ALSO BE THERE. IT WOULDN'T BE NECESSARY IN THIS
CASE BECAUSE WE WOULD BE ABLE TO ACCOMPLISH IT IN TIME ACCORDING TO
THE STATE LAW.
MR. NORRIS: OKAY. DO YOU TAKE ANY CONSIDERATION
OF POTENTIAL LITIGATION IN THE DELAY OF A STATEWIDE BALLOT WHEN YOU'RE
LOOKING AT THIS LANGUAGE, WHICH I KNOW WILL BE EFFECTIVE FOR THIS
PRIMARY AND GENERAL ELECTION, BUT ALSO FOR THOSE IN THE FUTURE UNTIL
32
NYS ASSEMBLY MAY 2, 2022
AMENDED.
MS. PAULIN: I GUESS I'M NOT EXACTLY SURE WHAT YOU
--
MR. NORRIS: WELL, IF THERE'S LITIGATION AND THERE'S A
DELAY, THAT COULD DELAY THE BALLOT, THAT'S WHY I --
MS. PAULIN: LITIGATION REGARDING --
MR. NORRIS: THE CERTIFICATE THAT MAY BE FILED, WE
DON'T KNOW, I MEAN, THERE'S ALWAYS --
MS. PAULIN: WELL, CERTIFICATES ARE ALWAYS
AMENDED.
MR. NORRIS: YEAH.
MS. PAULIN: YOU KNOW, CERTIFICATES, THE
REQUIREMENT TO HAVE THE NAMES IN 55 DAYS IS ALSO A PROCESS IN THE LAW,
SECTION 148-2, THAT OUTLINES EXACTLY, YOU KNOW, HOW THE BOARD WOULD
NOTIFY THE LOCAL BOARDS IF THERE WAS AN AMENDMENT TO A CERTIFICATION
THAT NEEDED TO OCCUR.
MR. NORRIS: OKAY. THANK YOU VERY MUCH, MS.
PAULIN. I APPRECIATE YOU ANSWERING MY QUESTIONS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. NORRIS: MR. SPEAKER, WE ALL KNOW WHY WE'RE
HERE. THIS IS TO CLEAN UP THE MESS OF THE GOVERNOR OF THE STATE OF NEW
YORK WHO APPOINTED AND THEN NOMINATED, THE DEMOCRATIC PARTY
NOMINATED A FAILED LIEUTENANT GOVERNOR CANDIDATE. THIS IS WHY WE'RE
HERE, AND IT'S JUST MAKES SENSE TO ME THAT WE SHOULD REALLY LOOK AT THAT
33
NYS ASSEMBLY MAY 2, 2022
AMENDMENT AGAIN AND DO IT NEXT YEAR. WHY SHOULD WE BE DOING IT THIS
YEAR AND CHANGING THE RULES IN THE MIDDLE OF THE GAME TO CLEAN UP HER
MESS AND HER POOR DECISION? YOU KNOW, JUST FOUR DAYS BEFORE THE
LIEUTENANT GOVERNOR WAS CHARGED WITH I BELIEVE FIVE FELONIES, THE
GOVERNOR STATED, I HAVE THE UTMOST CONFIDENCE IN MY LIEUTENANT
GOVERNOR. NOW TODAY, LESS THAN A MONTH LATER, SHE CERTAINLY HAS
CHANGED HER TUNE.
AND I JUST THINK CHANGING THE RULES IN THE MIDDLE OF
THE GAME BECAUSE OF EVENTS AND CIRCUMSTANCES OF NOT YOUR LIKING, NOT
THE MAJORITY'S LIKING, NOT THE GOVERNOR'S LIKING. WE HAVE RULES IN
PLACE FOR A REASON, AND THERE ARE OPTIONS IN PLACE, AS WELL. THE VOTERS
CAN WRITE IN SOMEONE, THEY CAN CHOOSE NOT TO VOTE FOR THAT PARTICULAR
CANDIDATE IF THEY WISH NOT TO. THEY CAN VOTE FOR ANOTHER CANDIDATE,
THERE'S A PRIMARY RIGHT NOW FOR THE DEMOCRATIC NOMINATION FOR
LIEUTENANT GOVERNOR THAT ALREADY EXISTS WITHOUT THE FORMER LIEUTENANT
GOVERNOR. AND I MENTION MAYOR BYRON BROWN, SENATOR LISA
MURKOWSKI FROM ALASKA, THEY WON WRITE-IN CAMPAIGNS. BUT YOU
KNOW WHAT? THAT'S NOT CONVENIENT. THAT'S NOT CONVENIENT FOR THE
GOVERNOR AND FOR THE DEMOCRATIC PARTY, AND THAT'S WHY WE'RE CHANGING
IT TODAY.
I JUST ALSO FIND IT VERY IRONIC, I LIVE OUT IN WESTERN
NEW YORK AND UNFORTUNATELY WE HAD A SITUATION WHERE OUR FORMER
CONGRESSMAN, CHRIS COLLINS, WAS CHARGED WITH FELONIES, AS WELL.
WELL, HIS NAME WAS ON THE BALLOT, AND I DID NOT SEE THE FORMER
DEMOCRATIC GOVERNOR, THE FORMER LIEUTENANT GOVERNOR AND CURRENT
34
NYS ASSEMBLY MAY 2, 2022
GOVERNOR, THIS BODY, RUSHING BACK TO ALBANY SAYING WE NEED TO ENACT
THIS RIGHT NOW FOR THE VOTERS OF THAT DISTRICT. WELL, THE VOTERS IN THAT
DISTRICT REALIZED WHAT WAS AT STAKE, AND THEY ELECTED CHRIS COLLINS.
SO I JUST WANTED TO ALSO SAY THAT IT'S VERY INTERESTING TO
ME THAT WE ARE GOING TO CHANGE THE RULES MIDSTREAM. AND I KNOW THAT
THIS MAY BE VERY CONTROVERSIAL TO SAY, PARTICULARLY AFTER EVERYTHING WE
WENT THROUGH IN THE LAST MONTH WITH THE BUDGET, BUT I ALSO REMEMBER
ON JANUARY 23RD, A FOOTBALL GAME BETWEEN THE BUFFALO BILLS AND THE
KANSAS CITY CHIEFS. AND IT PAINED ME, AND IT PAINED MANY OF YOU IN
THIS ROOM, IF NOT ALL OF YOU, TO WATCH IN OVERTIME THE BUFFALO BILLS LOSE
BECAUSE THEY DIDN'T HAVE A CHANCE AT THE BALL ON OFFENSE. THEY RAN
DOWN, KANSAS CITY CHIEFS, AND THEY SCORED AND THE GAME WAS OVER.
AND I THINK TO MYSELF, WHAT IF ROGER GOODELL WOULD HAVE RAN DOWN
AND SAID, WAIT A MINUTE, NO, NO, THE SEASON'S STILL GOING ON, WE'VE GOT
TO CHANGE THE RULE RIGHT NOW AND THE BILLS, YOU GET THE BALL. THAT'S
WHAT WE'RE DOING HERE IN THE MIDDLE OF THE ELECTION SEASON BECAUSE
INDIVIDUALS, INCLUDING THE GOVERNOR, DOES NOT LIKE THE CURRENT
SITUATION, WE NEED TO CHANGE THE RULES. BUT YOU KNOW WHAT THE NFL
DID? THE NFL DIDN'T DO ANYTHING THAT EVENING. THEY HAD A MEETING AT
THE OWNER'S MEETING AFTER THE SEASON, AND THEY CHANGED THE RULE FOR
THIS UPCOMING SEASON. THAT'S THE BEST ANALOGY THAT I COULD COME UP
WITH OTHER THAN A BASEBALL ONE BECAUSE WE'RE IN SEASON RIGHT NOW,
WHERE POTENTIALLY YOU COULD CHANGE THE RULES, YOU KNOW, AT THE 7TH
INNING STRETCH BECAUSE WE DON'T LIKE THE WAY THE PARTICULAR GAME IS
GOING.
35
NYS ASSEMBLY MAY 2, 2022
I'M USUALLY PRETTY CALM, BUT THIS BILL IS BAD AND IT'S
SELF-SERVING TO THE GOVERNOR AND TO THE DEMOCRATIC PARTY. AND I JUST
DON'T THINK THAT IS RIGHT. I AGREE THAT THIS BILL SHOULD BE AMENDED, I
AGREE WITH THE CHANGES IN THAT BILL, BUT I DON'T AGREE IT SHOULD BE
EFFECTIVE DURING THE MIDDLE OF THE GAME. THAT SHOULD TAKE PLACE AT THE
END OF THE SEASON AND GO INTO EFFECT NEXT YEAR.
WITH THAT, MR. SPEAKER, I URGE ALL OF MY COLLEAGUES TO
OPPOSE THIS BILL, AND I APPRECIATE THE OPPORTUNITY TO BE HEARD AND FOR
MS. PAULIN TO ANSWERING MY QUESTIONS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. PAULIN?
MS. PAULIN: YES.
MR. RA: THANK YOU, MS. PAULIN. SO IF WE CAN JUST
GO THROUGH QUICK WHERE THIS IS EFFECTIVE. YOU KNOW, I LOOKED THROUGH
THE CURRENT 6-146 AND SOME OF THE PROVISIONS TALK ABOUT WHERE
SOMEBODY'S DESIGNATED FOR A NOMINATION OTHER THAN AS, YOU KNOW, IN A
PRIMARY ELECTION. SO IS THIS MEANT TO APPLY IN BOTH THE SITUATION WE'RE
TALKING ABOUT WITH THE LIEUTENANT GOVERNOR WHERE THERE WAS
SOMEBODY, YOU KNOW, CERTIFICATE OF NOMINATION, PETITION TO FILE, BUT
ALSO AFTER A PRIMARY ELECTION BEFORE A GENERAL ELECTION BALLOT IS...
MS. PAULIN: YES. IT WOULD APPLY IN BOTH CASES.
MR. RA: OKAY. AND -- SO YOU SAID EARLIER, RIGHT,
36
NYS ASSEMBLY MAY 2, 2022
THAT UNDER THESE CIRCUMSTANCES WHEN IT'S PRIOR TO A PRIMARY ELECTION
THERE'S AN OPPORTUNITY TO FILL THAT SPOT ON THE BALLOT, CORRECT?
MS. PAULIN: YES.
MR. RA: OKAY. NOW, WHEN YOU GET INTO A GENERAL
ELECTION SITUATION, BECAUSE I KNOW A LOT OF PEOPLE ARE TALKING ABOUT THIS
SAYING, HEY, WE TALK ABOUT THIS ALL THE TIME HOW DIFFICULT IT IS TO BE OFF
THE BALLOT IN NEW YORK, AND YOUR POINT IS WELL-TAKEN ABOUT THAT IT'S, YOU
KNOW, A LITTLE BIT OF A FARCE THAT WE NOMINATE, YOU KNOW, SOMETIMES
THEY EVEN TALK ABOUT NOMINATING SOMEBODY FOR A JUDICIAL OFFICE LIKE IN
SOME OTHER PART OF THE STATE, AND THAT IS A LITTLE SILLY, THE PERSON NEVER
INTENDS TO SERVE IN THAT OFFICE. BUT WE'RE REALLY, IN THOSE INSTANCES,
WE'RE TALKING ABOUT AFTER A PRIMARY ELECTION, WE'RE TALKING USUALLY
ABOUT SOMEBODY MAYBE WHO WAS A DESIGNATED MAJOR PARTY CANDIDATE
WHO LOST THEIR PRIMARY OR WON A PRIMARY BUT SOMEBODY WAS NOMINATED
BY ANOTHER MINOR PARTY AND THEY WANT TO GET THEM OFF THE BALLOT SO AS
TO NOT SPLIT THE VOTE, ESSENTIALLY. UNDER THOSE TYPES OF CIRCUMSTANCES,
WOULD THE -- IF SOMEBODY WERE, YOU KNOW, WERE IN THIS SITUATION, GOT
ARRESTED, GOT CHARGED, THEY WOULD BE ABLE TO BE REMOVED FROM -- OR I
SHOULDN'T SAY BE REMOVED, THEY WOULD FILE PAPERWORK TO REMOVE
THEMSELVES FROM THE BALLOT, BUT WOULD THEY BE ABLE TO BE REPLACED FOR A
GENERAL ELECTION?
MS. PAULIN: FOR A GENERAL ELECTION. I THINK SO;
YES, I THINK THERE'S A PROVISION, I CAN CITE IT, THAT THE PARTY HAS THE
ABILITY TO MAKE THAT SUBSTITUTION.
(PAUSE)
37
NYS ASSEMBLY MAY 2, 2022
GIVE US A MINUTE.
MR. RA: SURE.
MS. PAULIN: SO THE SCENARIO THAT YOU'RE TALKING
ABOUT IS IF SOMEONE SIMILARLY TO WE SEE --
MR. RA: YEAH, LET'S SAY WE LOOK AT FOUR YEARS AGO,
GOVERNOR CUOMO AT THE TIME WAS NOMINATED BY THE DEMOCRATIC PARTY,
HE HAS A PRIMARY, YOU KNOW, CYNTHIA NIXON WHO WAS HIS CHALLENGER IS
NOMINATED BY THE WORKING FAMILIES PARTY AND NOW SHE LOSES THE
DEMOCRATIC PRIMARY, THE WORKING FAMILIES PARTY SAYS, HEY, WE DON'T
WANT TO RUN A SEPARATE CANDIDATE FROM THE DEMOCRATS; WHAT HAPPENS?
MS. PAULIN: SO I'M JUST THINKING THIS THROUGH. IF
THAT -- SO IT WOULD BE THE SAME PROCESS. SO FOR EXAMPLE, WE HAVE SEEN
THE MINOR PARTIES, YOU KNOW, DO THIS, RIGHT, WHEN THEY WANT TO
SUBSTITUTE FOR THE, YOU KNOW, A CANDIDATE THAT IS GOING TO DRAW THEM
MORE VOTES IN A STATEWIDE ELECTION. THAT COULD -- THAT WOULD BE
ABSOLUTELY POSSIBLE HERE, AS WELL, BECAUSE WE ARE FOLLOWING EXACTLY THE
SAME PROCEDURE.
MR. RA: WELL, IT'S NOT THE SAME PROCESS BECAUSE IN
THE PRIMARY SITUATION, THERE IS --
MS. PAULIN: NO, I'M NOT SAYING THE SAME AS A
PRIMARY, I'M JUST SAYING THE SAME AS ELECTION LAW --
MR. RA: AND IF SOMEBODY COMES OFF THE BALLOT
UNDER -- BY A DEATH OR JUDICIAL --
MS. PAULIN: -- IS NOW BECAUSE WE -- SO I'M NOT
FINDING EXACTLY WHERE OR HOW, BUT I BELIEVE I REMEMBER READING WHEN
38
NYS ASSEMBLY MAY 2, 2022
I WAS REHEARSING FOR THIS DEBATE, OR LOOKING AT SOME OF THE LAWS IN
PREPARATION, THAT THERE IS A PROVISION WHERE PARTIES CAN NOMINATE A
SUBSTITUTION.
MR. RA: OKAY. SO -- SO JUST QUICKLY THEN, SO WHEN
WE'RE TALKING ABOUT THE PRIMARY SITUATION, IT'S GOING TO BE DICTATED BY,
YOU KNOW, THE COMMITTEE TO FILL VACANCIES THAT WAS ON THAT CERTIFICATE
OF NOMINATION, OR THAT WAS ON THE PETITIONS THAT WERE FILED. IN THE
GENERAL, WE'D BE TALKING ABOUT THE COMMITTEE OF THAT PARTICULAR PARTY --
MS. PAULIN: RIGHT.
MR. RA: -- CORRECT? OKAY. THANK YOU VERY MUCH,
MS. PAULIN.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RA: THANK YOU. SO YOU KNOW, A COUPLE OF
THOUGHTS ON THIS AND, YOU KNOW, THIS HAS BEEN TALKED ABOUT THE LAST FEW
WEEKS AS A GOOD GOVERNMENT MEASURE AND THOSE TYPES OF THINGS, AND
IT'S BEEN TALKED ABOUT AS IS THE LEGISLATURE GOING TO TAKE UP A BILL TO
ALLOW FORMER LIEUTENANT GOVERNOR BENJAMIN TO REMOVE HIMSELF FROM
THE BALLOT. AND I DON'T THINK THAT WAS EVER WHAT THE CONVERSATION WAS
ABOUT. THE CONVERSATION REALLY IS ABOUT WHETHER SOMEBODY IS GOING TO
REPLACE HIM ON THE BALLOT. AND I WANT TO REMIND EVERYBODY, YOU
KNOW, WE TALK ABOUT WE DON'T WANT CORRUPT PEOPLE IN GOVERNMENT AND
ALL THAT, AND THAT'S 100 PERCENT TRUE, BUT MR. BENJAMIN IS NOT ON THE
JUNE BALLOT RIGHT NOW IF WE DON'T PASS THIS BILL, AND ASSUMING HE
DOESN'T MOVE OUT-OF-STATE AND, YOU KNOW, ANY OF THOSE OTHER THINGS
39
NYS ASSEMBLY MAY 2, 2022
HAPPEN. HE'S NOT ON THE BALLOT TO BE GOVERNOR -- HE'S ON THE -- TO BE
LIEUTENANT GOVERNOR, HE'S ON THE BALLOT TO BE THE DEMOCRATIC NOMINEE
FOR THE LIEUTENANT GOVERNOR. AND, BY THE WAY, THE NEW YORK STATE
DEMOCRATIC PARTY DECIDED THEY WANTED HIM TO BE THEIR NOMINEE FOR
LIEUTENANT GOVERNOR.
SO REALLY WHAT WE'RE TALKING ABOUT IS WHETHER THEY
SHOULD GET A SECOND CHANCE AT DESIGNATING THAT CANDIDATE. THERE ARE
OTHER PEOPLE ON THE BALLOT. GOVERNOR HOCHUL IS NOT STUCK WITH MR.
BENJAMIN ON THE GENERAL ELECTION BALLOT, ASSUMING SHE WINS THE
PRIMARY, UNLESS THE DEMOCRATIC VOTERS IN THIS STATE DECIDE WE WANT A
NOMINEE WHO RESIGNED FROM OFFICE BECAUSE HE WAS ARRESTED AND
CHARGED WITH A CRIME. SO I HAVE TO ASK MYSELF, ARE WE SCARED THAT'S
WHAT'S GOING TO HAPPEN? IS THAT WHY WE'RE DOING THIS? ARE WE SCARED
THAT HIS NAME BEING NEXT TO GOVERNOR HOCHUL'S, BECAUSE REMEMBER,
WHILE THEY RUN TOGETHER IN THE GENERAL ELECTION, THEY ARE SEPARATE IN
THE PRIMARY, THEY ARE SEPARATE RACES. THEY'RE NOT VOTED ON TOGETHER.
SO ARE WE WORRIED THAT PEOPLE ARE GOING TO GO INTO THE
BOOTH AND WHEN THEY DECIDE WHETHER TO VOTE FOR -- FOR GOVERNOR
HOCHUL VERSUS THE OTHER CANDIDATES THAT ARE ON THE DEMOCRATIC BALLOT
THAT THEY'RE GOING TO SEE THAT NAME NEXT TO IT AND BE REMINDED OF WHAT
JUST HAPPENED AND THE POOR JUDGMENT THAT IT SHOWED IN VETTING AND
APPOINTING THE LIEUTENANT GOVERNOR? IS THAT WHY WE'RE DOING THIS?
SO I DON'T THINK THERE'S ANY REAL GOOD GOVERNMENT
PURPOSE SERVED HERE. WE ARE NOT TALKING ABOUT THE GENERAL ELECTION
BALLOT, WHICH IS THE CIRCUMSTANCES UNDER WHICH WE ALWAYS TALK ABOUT
40
NYS ASSEMBLY MAY 2, 2022
THIS ISSUE. WE TALK ABOUT GETTING PEOPLE OFF THE BALLOT THAT DON'T WANT
TO SERVE IN THE OFFICE IN THE GENERAL ELECTION. THERE ARE OTHER
INDIVIDUALS WHO WENT THROUGH -- WHICH IS NOT AN EASY PROCESS IF YOU'RE
FAMILIAR WITH IT. TO RUN FOR STATEWIDE OFFICE WITHOUT THE SUPPORT OF THE
STATEWIDE PARTY IS VERY DIFFICULT. WE REQUIRE SIGNATURES AND WE REQUIRE
THEM TO BE SPREAD OUT THROUGHOUT THE STATE. YOU HAVE TO SHOW A BROAD
BASE OF SUPPORT. BUT BASICALLY WHAT WE'RE DOING HERE TODAY IS SAYING
THOSE INDIVIDUALS, THEY MADE THEIR CASE, JUST LIKE SAME THING HAPPENED
IN THE REPUBLICAN PARTY, RIGHT? PEOPLE MADE THEIR CASE TO THE PARTY
LEADERSHIP, THE CHAIRS FROM ALL OVER THE STATE, EVERYBODY INVOLVED, AND
THE CHAIRS DECIDED WHO THEY WERE GOING TO GO WITH. AND INDIVIDUALS
SAID, HEY, I THINK I'M THE BEST PERSON TO CARRY THE BANNER OF MY PARTY
IN THE GENERAL ELECTION, AND THEY WENT OUT AND THEY SOLICITED -- THEY
SOLICITED SIGNATURES AND THEY FILED PETITIONS AND GOT THEMSELVES ON THE
BALLOT.
NOW, AT THIS DAY, MONTHS AFTER THE PERIOD OF TIME FOR
DECLINATION FOR SOMEBODY NOMINATED BY A POLITICAL PARTY HAS PASSED,
NOBODY ELSE HAS THE ABILITY TO GET ON THE BALLOT FOR GOVERNOR OR
LIEUTENANT GOVERNOR, THAT SHIP HAS SAILED, UNLESS YOU GO ONE OF THE
INDEPENDENT, YOU KNOW, NOMINATING PETITION ROUTES. YOU CAN'T GET ON
AS A MAJOR PARTY PERSON. BUT WHAT WE'RE SAYING TODAY IS, HEY,
LIEUTENANT GOVERNOR, YOU GOT ARRESTED. WE KNEW HE HAD SOME
PROBLEMS BUT, YOU KNOW, HE ASSURED US THEY WERE BEHIND HIM, SO OKAY.
WE'RE GOING TO GET A SECOND BITE AT THE APPLE. WHY? BECAUSE THE RIGHT
LETTER IS NEXT TO THE PERSON'S NAME, BECAUSE THAT'S THE SINGLE PARTY THAT
41
NYS ASSEMBLY MAY 2, 2022
CONTROLS THIS GOVERNMENT. THAT'S WHY WE'RE DOING THIS TODAY. MY
COLLEAGUE SAID IT EARLIER. YOU THINK IN A MILLION YEARS WE'D BE DOING
THIS IF THIS WAS THE REPUBLICAN NOMINEE FOR LIEUTENANT GOVERNOR? NO
WAY, NO HOW. WE WOULD NOT BE EVEN THINKING ABOUT MAKING THIS
CHANGE.
SO YOU KNOW, MY COLLEAGUE MADE A GREAT ANALOGY
ABOUT THE FOOTBALL GAME. THIS REMINDS ME A LITTLE BIT MORE OF, LIKE,
WHEN I WAS A KID, I DON'T KNOW IF ANYBODY ELSE, LIKE, PLAYED BOARD
GAMES. YOU KNOW, SOMETIMES I'D PLAY WITH FRIENDS AND FAMILY, WE'D
PLAY, LIKE, YOU KNOW, PLAY MONOPOLY OR SOMETHING, AND I THINK WE ALL
HAD THAT FRIEND AND MAYBE FOR SOME OF US IT WAS US, BUT HAD THAT FRIEND
WHO WOULD, LIKE, GET ANNOYED THEY WERE LOSING. MAYBE THEY DIDN'T GET
TO BUY THE PROPERTIES THEY WANTED OR SOMETHING, SO THEY WOULD GET
MAD AND JUST FLIP THE BOARD OVER AND SAY, I'M DONE. THAT'S WHAT WE'RE
DOING TODAY. WE'RE SAYING WE DON'T LIKE THE WAY THE BOARD IS, LET'S FLIP
IT OVER AND RECONFIGURE IT AND PUT IN OUR OWN PERSON. AND LIKE I SAID
EARLIER, NOBODY ELSE IS GOING TO HAVE THE ABILITY TO DETERMINE WHO THAT
INDIVIDUAL IS GOING TO BE OTHER THAN THE FEW PEOPLE WHO ARE LISTED ON A
CERTIFICATE OF NOMINATION BY THE NEW YORK STATE DEMOCRATIC PARTY.
THEY'RE GOING TO PICK WHO THE LIEUTENANT GOVERNOR IS FOR THE REST OF
THE YEAR AND THEY'RE GOING TO PICK SOMEBODY WHO'S GOING TO GET TO GO
ON THE BALLOT COMPLETELY OUTSIDE OF ANY OTHER RULES, SOMEBODY WHO
NEVER CAME BEFORE THE PARTY LEADERSHIP TO SAY, HEY, I SHOULD BE THE
PERSON, SOMEBODY WHO NEVER WENT OUT AND GOT PETITIONS BECAUSE
ESSENTIALLY WHAT WE'RE SAYING IS THE PARTY HIGHER-UPS KNOW BETTER THAN
42
NYS ASSEMBLY MAY 2, 2022
THE VOTERS. WE'RE SAYING WE DON'T WANT THE VOTERS TO GET TO MAKE THE
CHOICE. WE DON'T -- WE DON'T LIKE THE CHOICES THAT ARE OUT THERE, WE
WANT AN ADDITIONAL CHOICE BECAUSE IT'S NOT GOOD FOR THE CURRENT
GOVERNOR THAT SHE CHOSE THE WRONG PERSON TO BE THE LIEUTENANT
GOVERNOR.
SO JUST TO CLOSE ON THIS, WE -- YES, WE'VE TALKED ABOUT
FOR YEARS OUR RULES ABOUT GETTING OFF OF A BALLOT, BUT WE TALK ABOUT THAT
AND, LOOK, I'M SURE THERE ARE SOME EXAMPLES, BUT I'D LOVE FOR SOMEBODY
TO LISTEN TO ME. I DON'T REMEMBER EVER TALKING ABOUT SOMEBODY GETTING
OFF A PRIMARY BALLOT, BECAUSE THE PURPOSE OF A PRIMARY ELECTION IS TO
CHOOSE WHO THE DESIGNATED CANDIDATE IS FOR THE GENERAL ELECTION. IT
MAY ALMOST BE HARD FOR SOME OF US TO REMEMBER THAT BECAUSE THERE ARE
SO MANY, YOU KNOW, PEOPLE HERE WHO NEVER HAD AN OPPONENT IN THE
GENERAL ELECTION, YOU ONLY HAVE AN OPPONENT IN THE PRIMARY, BUT YOU
ARE NOT RUNNING FOR THE OFFICE IN THE PRIMARY ELECTION. YOU'RE RUNNING
TO BE YOUR PARTY'S DESIGNEE TO RUN FOR THAT OFFICE WHEN YOU RUN IN A
PRIMARY ELECTION.
SO THIS ISN'T ABOUT WHETHER WE WANT CORRUPT PEOPLE IN
GOVERNMENT, OF COURSE WE DON'T. AND, BY THE WAY, IF WE DON'T WANT
CORRUPT PEOPLE IN GOVERNMENT, THERE'S A HECK OF A LOT MORE WE CAN DO
ABOUT IT WELL OUTSIDE OF THIS, LIKE DO REAL ETHICS REFORM AND NOT THE
GARBAGE THAT WE PASSED IN THE BUDGET THIS YEAR THAT'S GOING TO HAVE NO
IMPACT WHATSOEVER. BUT THIS IS ABOUT WHETHER THE RULES SHOULD CHANGE
IN THE MIDDLE OF THE GAME TO BENEFIT ONE PERSON AND ONE PARTY, THAT'S
WHAT WE'RE VOTING ON TODAY. AND IF YOU THINK THAT BECAUSE THE RIGHT
43
NYS ASSEMBLY MAY 2, 2022
LETTER IS NEXT TO THAT CANDIDATE'S NAME WHO GOT ARRESTED AND CHARGED,
AND BECAUSE THAT'S THE PARTY THAT CONTROLS OUR STATE GOVERNMENT, WE
SHOULD CHANGE THE RULES IN THE MIDDLE OF THE GAME, THEN BY ALL MEANS
VOTE YES. BUT IF YOU THINK THAT'S THE WRONG WAY TO GO ABOUT
GOVERNMENT, IF YOU THINK THAT WE'RE HERE TO REPRESENT THE PEOPLE OF
NEW YORK STATE AND NOT DO SOMETHING BECAUSE IT'S POLITICALLY
CONVENIENT, THEN YOU SHOULD VOTE NO, AND I WOULD URGE EACH AND EVERY
ONE OF US WHO KNOW WHAT THE RIGHT ANSWER TO THAT QUESTION IS TO VOTE
AGAINST THIS BILL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. LAWLER.
MR. LAWLER: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. LAWLER: THANK YOU. THANK YOU. BEFORE WE
GET TO THE GOVERNOR'S PROGRAM BILL, WHY DID YOU INTRODUCE YOUR
ORIGINAL BILL?
MS. PAULIN: ONE OF THE VOTERS IN MY COMMUNITY
THOUGHT THAT IT WAS -- THE ELECTION LAW IS A BIT ARCHAIC. THIS PARTICULAR
SITUATION BROUGHT THAT TO HIS ATTENTION, AND SO I INTRODUCED THE BILL.
MR. LAWLER: SO THIS PARTICULAR SITUATION THAT WE
HAVE BEEN DISCUSSING WITH THE FORMER LIEUTENANT GOVERNOR, THAT WAS AT
LEAST THE BASIS BY WHICH YOU BROUGHT THE BILL?
MS. PAULIN: THAT WAS THE CATALYST FOR HIS THINKING,
AND HE CALLED ME.
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NYS ASSEMBLY MAY 2, 2022
MR. LAWLER: OKAY. IF THE ROLE WAS REVERSED AND
THIS WAS A REPUBLICAN CANDIDATE FOR LIEUTENANT GOVERNOR, WOULD YOU
HAVE INTRODUCED THE BILL?
MS. PAULIN: I THINK THAT IF SOMEONE FROM MY
CONSTITUENTS CALLED IN A SIMILAR CIRCUMSTANCE AND REALIZED THAT THERE
WAS AN ERROR IN THE LAW, YEAH I WOULD HAVE. I -- I DON'T KNOW THAT IT
WOULD HAVE GOTTEN THIS MUCH ATTENTION FROM EVERYONE, BUT I WOULD IN
MY OWN WAY HAVE TRIED TO ADVANCE A BILL THAT CORRECTED THE ELECTION
LAW, ABSOLUTELY.
MR. LAWLER: DO YOU THINK WE WOULD BE VOTING ON
IT TODAY OR THAT THE EFFECTIVE DATE WOULD TAKE PLACE IMMEDIATELY IF IT
WAS A REPUBLICAN CANDIDATE FOR LIEUTENANT GOVERNOR?
MS. PAULIN: SO I WILL JUST SAY THAT AS OF TODAY, I
HAVE 302 LAWS SIGNED, THAT'S A LOT.
MR. LAWLER: YOU ARE PROLIFIC, AND I DO APPRECIATE
THE WAY THAT YOU DO.
MS. PAULIN: EACH ONE HAS ITS OWN PATH. SOME OF
THE PATHS ARE IMMEDIATE, AND SOME OF THE PATHS, YOU'RE IN FOR THE LONG
HAUL. I HAVE SOME BILLS I DID LAST YEAR THAT I PUT IN MY VERY FIRST YEAR OF
GETTING HERE, SO YOU NEVER KNOW EXACTLY WHAT THAT PATH IS GOING TO BE.
MR. LAWLER: DO YOU THINK -- DO YOU THINK THIS
BILL IS THE MOST PRESSING ISSUE OF ALL THE BILLS THAT YOU'VE INTRODUCED
THAT IT REQUIRES A VOTE IMMEDIATELY?
MS. PAULIN: I THINK THAT FOR MY VOTERS WHO WANT
AN ALTERNATIVE ON THE BALLOT, IT'S VERY PRESSING. TO ME, VOTING IS
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NYS ASSEMBLY MAY 2, 2022
FUNDAMENTALLY THE MOST DEMOCRATIC RIGHT THAT WE HAVE.
MR. LAWLER: BUT DON'T THEY HAVE AN ALTERNATIVE?
AREN'T THERE TWO OTHER CANDIDATES FOR LIEUTENANT GOVERNOR?
MS. PAULIN: SO I WOULD JUST SAY THOSE OTHER TWO
DEMOCRATIC CANDIDATES DIDN'T EVEN CHOOSE TO COME BEFORE THE
DEMOCRATIC COMMITTEE TO BE NOMINATED. THEY DIDN'T EVEN ATTEMPT TO
BE PART OF THAT PROCESS. SO FOR MANY DEMOCRATIC VOTERS, THEY DON'T SEE
THESE TWO CANDIDATES AS THOSE CANDIDATES BEING SELECTED BY THE
DEMOCRATIC PARTY.
MR. LAWLER: WELL, RESPECTFULLY, WHAT I WOULD SAY
IS THAT THEY WERE NOT CHOSEN BY THE PARTY INSIDERS, THEY HAD TENS OF
THOUSANDS OF DEMOCRATIC ENROLLED VOTERS SIGN PETITIONS AND PUT THEM
ON THE BALLOT.
MS. PAULIN: I WOULD SAY STATE COMMITTEE
MEMBERS ARE NOT DEMOCRATIC INSIDERS, THEY ARE ELECTED BY THE PEOPLE
JUST LIKE YOU AND I, AND THEY REPRESENT --
MR. LAWLER: HOW MANY PEOPLE VOTED -- HOW
MANY PEOPLE VOTE AT CONVENTION, DO YOU KNOW?
MS. PAULIN: I DON'T KNOW THAT ANSWER.
MR. LAWLER: WOULD YOU SAY IT'S LESS THAN 1,000
PEOPLE?
MS. PAULIN: I THINK THAT EVERY ASSEMBLY DISTRICT
HAS TWO --
MR. LAWLER: TWO.
MS. PAULIN: RIGHT. SO YOU HAVE POTENTIALLY 300.
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NYS ASSEMBLY MAY 2, 2022
MR. LAWLER: SO 300 -- POTENTIALLY 300 INDIVIDUALS
VERSUS AT LEAST 15,000 DEMOCRATS; WHO GOT SELECTED BY MORE PEOPLE?
MS. PAULIN: I WOULD SAY THERE'S 150
ASSEMBLYMEMBERS HERE, WE VOTE ON TONS OF THINGS WITH REPRESENTATIVE
GOVERNMENT, AND THAT IS A SIMILAR CIRCUMSTANCE.
MR. LAWLER: I AGREE, BUT YOU MADE THE POINT THAT
THEY WERE --
ACTING SPEAKER AUBRY: WE'RE NOT IN COURT,
BARRISTERS, SO YOU WILL LET AN ANSWER BE ANSWERED --
MS. PAULIN: ABSOLUTELY, SORRY.
ACTING SPEAKER AUBRY: -- AND YOU WILL NOT
INTERFERE WITH YOUR CROSS. THANK YOU.
MS. PAULIN: GO AHEAD.
MR. LAWLER: I WOULD JUST ARGUE THAT THEY WERE
SELECTED BY THE DEMOCRATIC PARTY INSOFAR AS TENS OF THOUSANDS OF VOTERS
CHOSE TO SIGN THEIR PETITIONS EXPRESSING THAT THEY WANTED THEM ON THE
BALLOT. SO THE OFFICE OF THE GOVERNOR HAS BEEN IN EXISTENCE FOR 244
YEARS. HAVE WE MANAGED TO GET THROUGH ELECTIONS ELECTING STATEWIDE
OFFICERS WITHOUT THIS BILL IN EFFECT?
MS. PAULIN: ABSOLUTELY.
MR. LAWLER: OKAY. SO WHY THE URGENCY ON
IMPLEMENTING THIS BILL IF WE'VE BEEN ABLE TO SURVIVE FOR 244 YEARS?
MS. PAULIN: SO I'M ALWAYS A LAWMAKER THAT LOOKS
FOR THE OPPORTUNITY AND, TO ME, THIS WAS AN OPPORTUNITY TO PUT IN A BILL
THAT MADE SENSE, THAT GAVE VOTERS ADDITIONAL CHOICES, THAT CORRECTED A
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NYS ASSEMBLY MAY 2, 2022
FLAWED SYSTEM. AND THIS WAS THAT OPPORTUNITY WHICH IS WHY I
ADVANCED A BILL PRIOR TO IT BECOMING SUCH A BIG DEAL.
MR. LAWLER: WELL, BUT YOU ADVANCED IT WITH A
MEMO TO ALL OF US COLLEAGUES, AND I MEAN, I RESPONDED RIGHT AWAY. IT
BECAME A BIG DEAL PRETTY QUICKLY. IT WASN'T LIKE IT WAS INTRODUCED AND
HIDDEN IN SOME BACK ROOM.
MS. PAULIN: NO, NO. I ALWAYS TRY TO GET SPONSORS
ON MY BILLS.
MR. LAWLER: RIGHT. SO WHY DID THIS BECOME A
GOVERNOR'S PROGRAM BILL AS OPPOSED TO TAKING YOUR LEGISLATION AND
ADVANCING IT, OR AMENDING YOUR BILL AND ADVANCING IT FORWARD? WHY
DID IT BECOME A GOVERNOR'S PROGRAM BILL, AND WERE YOU INVOLVED IN THE
DISCUSSIONS?
MS. PAULIN: I WAS NOT INVOLVED IN THE DISCUSSIONS.
I THINK THAT THE GOVERNOR RECOGNIZED, YOU KNOW, THAT GROUPS LIKE
COMMON CAUSE WERE VERY SUPPORTIVE AND WANTED VOTER'S CHOICE, AND
SHE GOT INVOLVED SO THAT WE COULD PASS SOMETHING EXPEDITIOUSLY SO IT
WOULD HAVE A THREE-WAY APPROVAL.
MR. LAWLER: SO I WANT TO POINT YOU TO ARTICLE III,
SECTION 17 OF THE STATE CONSTITUTION. IT TALKS ABOUT CASES IN WHICH
PRIVATE OR LOCAL BILLS SHALL NOT BE PASSED. THE LEGISLATURE SHALL NOT
PASS A PRIVATE OR A LOCAL BILL IN ANY OF THE FOLLOWING CASES, AND THEN IT
GOES DOWN TO TALK ABOUT THE OPENING AND CONDUCTING OF ELECTIONS. SO
MY QUESTION TO YOU IS VERY SIMPLE. THE GOVERNOR PUT THIS FORWARD AS A
GUBERNATORIAL PROGRAM BILL. YOU YOURSELF ACKNOWLEDGED THAT THE ONLY
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NYS ASSEMBLY MAY 2, 2022
REASON RIGHT NOW THAT WE'RE DEALING, THE ONLY CASE THAT YOU CAN FIND
THAT WE'RE DEALING WITH IS THE LIEUTENANT GOVERNOR. SO THIS PARTICULAR
BILL PASSING SERVES TO BENEFIT ONE PERSON RIGHT NOW, GOVERNOR KATHY
HOCHUL. SHE IS THE ONLY PERSON WHO WILL BENEFIT AS OF TODAY FROM THIS
BILL, AND IT IS A GUBERNATORIAL PROGRAM BILL. HOW IS THAT NOT IN VIOLATION
OF ARTICLE III, SECTION 17 OF THE CONSTITUTION?
MS. PAULIN: I DID NOT INTRODUCE THIS TO BENEFIT THE
GOVERNOR. I INTRODUCED THIS TO BENEFIT MY VOTERS. MY VOTERS WANT AN
ALTERNATIVE. MY VOTERS ARE THE ONES WHO CAME TO ME AND SAID, CAN
YOU DO THIS FOR US? SO THIS DOES NOT BENEFIT THE GOVERNOR, THIS BILL
BENEFITS THE MODERATE DEMOCRATS WHO WANT A CHOICE ON THE BALLOT.
MR. LAWLER: WAIT A MINUTE. YOU JUST SAID IT'S NO
LONGER YOUR BILL, IT'S A GUBERNATORIAL PROGRAM BILL THAT HAS BEEN
INTRODUCED. SO WE ARE INTRODUCING -- WE ARE VOTING ON THIS AT THE
BEHEST OF THE GOVERNOR.
MS. PAULIN: YES.
MR. LAWLER: YOU ALSO SAID THAT THIS IS NOT TO
BENEFIT KATHY HOCHUL, IT'S FOR THE VOTERS.
MS. PAULIN: YES.
MR. LAWLER: YOU ACKNOWLEDGE THERE ARE ALREADY
TWO OTHER CANDIDATES ON THE BALLOT FOR LIEUTENANT GOVERNOR. IF IT'S NOT
TO BENEFIT KATHY HOCHUL, AND VOTERS IN THE DEMOCRATIC PRIMARY
ALREADY HAVE A CHOICE OF TWO OTHER PEOPLE OTHER THAN BRIAN BENJAMIN,
WHY NOT MAKE THIS EFFECTIVE DATE JANUARY 1ST, 2023 SO THAT THERE'S NO
QUESTION THAT THIS WAS NOT DONE IN A PARTISAN, POLITICAL MANNER BUT THAT
49
NYS ASSEMBLY MAY 2, 2022
IT WAS DONE FOR ENSURING FREE AND FAIR ELECTIONS GOING FORWARD. WE'VE
SURVIVED 244 YEARS WITHOUT THIS BILL, YOU ACKNOWLEDGED THAT. WHAT IS
THE PURPOSE OF THIS OTHER THAN TO BENEFIT KATHY HOCHUL IN THIS ELECTION?
MS. PAULIN: THE BENEFIT IS THAT SO ME, AMY
PAULIN, AS A VOTER GETS TO VOTE FOR SOMEONE WHO I THINK REPRESENTS MY
VIEWS, WHICH IS A MODERATE, MAINSTREAM DEMOCRAT WHICH IS SUPPORTED
BY THE PARTY.
MR. LAWLER: SO THERE ARE SEVEN PEOPLE ON THE
COMMITTEE TO FILL VACANCIES AS I UNDERSTAND; IN FACT, I'LL READ THE
NAMES: JAY JACOBS, THE STATE CHAIRMAN OF THE DEMOCRATIC PARTY;
CHRISTINE QUINN, THE FORMER SPEAKER OF THE NEW YORK CITY COUNCIL;
OUR ESTEEMED MAJORITY LEADER, CRYSTAL PEOPLES-STOKES; JUNE F.
O'NEILL; OUR COLLEAGUE, RODNEYSE BICHOTTE; THE SUFFOLK COUNTY
DEMOCRATIC CHAIRMAN RICH SCHAFFER; AND OUR COLLEAGUE MS. CATALINA
CRUZ. SO THOSE SEVEN PEOPLE ARE GOING TO CHOOSE WHO FILLS THE
VACANCY, CORRECT?
MS. PAULIN: YES.
MR. LAWLER: OKAY. HAVE YOU HAD ANY
CONVERSATIONS TO DETERMINE WHO THE MODERATE DEMOCRAT CHOICE IS
GOING TO BE?
MS. PAULIN: NO.
MR. LAWLER: OKAY. SO DO WE KNOW THAT THEY'RE
GOING TO CHOOSE A MODERATE, OR WHO'S ACTUALLY MAKING THIS CHOICE, IS IT
THE GOVERNOR, IS IT THE SEVEN PEOPLE? WHO IS GOING TO MAKE THE
CHOICE?
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NYS ASSEMBLY MAY 2, 2022
MS. PAULIN: WHAT I DO KNOW IS THAT THE CHOICE WILL
BE FROM THE DEMOCRATIC PARTY AND NOT SELF-SELECTED LIKE THE OTHER TWO
LIEUTENANT GOVERNOR CANDIDATES. THERE WILL BE MUCH MORE OF AN
OPPORTUNITY FOR THAT PERSON TO REPRESENT A MAJORITY VIEW.
MR. LAWLER: WAS BRIAN BENJAMIN SELF-SELECTED
BY KATHY HOCHUL?
MS. PAULIN: SHE -- I'M PRESUMING THAT THAT'S A
SLIGHTLY DIFFERENT CIRCUMSTANCE. WE'RE NOT TALKING ABOUT RUNNING.
WE'RE TALKING ABOUT, YOU KNOW, A VERY UNFORTUNATE SITUATION WHERE,
YOU KNOW, WE HAD ONE GOVERNOR WHO RESIGNED, ANOTHER GOVERNOR WHO
CAME INTO OFFICE AND NEEDED A -- SOMEONE TO SUBSTITUTE. WE'VE HAD
THAT SITUATION BEFORE.
MR. LAWLER: I JUST WANT TO REITERATE THE QUESTION:
DID GOVERNOR HOCHUL SELF-SELECT BRIAN BENJAMIN AS HER LIEUTENANT
GOVERNOR?
MS. PAULIN: I DON'T KNOW WHAT THAT PROCESS WAS.
MR. LAWLER: DID SHE ANNOUNCE THE DECISION?
MS. PAULIN: YES, SHE DID.
MR. LAWLER: OKAY. DO YOU HAVE ANY REASON TO
BELIEVE SHE DIDN'T MAKE THE SOLE DECISION OF WHO HER LIEUTENANT
GOVERNOR WAS?
MS. PAULIN: I HAVE NO REASON TO BELIEVE IN ANY OF
THE PROCESSES BECAUSE I WASN'T PART OF THEM.
MR. LAWLER: OKAY. DO YOU THINK THE GOVERNOR
MADE A HORRIBLE DECISION IN CHOOSING BRIAN BENJAMIN AS LIEUTENANT
51
NYS ASSEMBLY MAY 2, 2022
GOVERNOR?
MS. PAULIN: I THINK IT WAS VERY UNFORTUNATE.
MR. LAWLER: I'LL TAKE THAT.
(LAUGHTER)
THANK YOU. ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
LAWLER.
MR. LAWLER: LOOK. THIS IS VERY SIMPLE, FOLKS.
WE ALL KNOW THIS IS PURELY POLITICAL. IT IS PURELY INTENDED TO BENEFIT
ONE PERSON WHO MADE A HORRIFIC LAPSE IN JUDGMENT; KATHY HOCHUL
CHOSE POORLY. SHE HAS TO LIVE WITH THE CONSEQUENCES OF THAT DECISION.
THE ELECTION LAW WAS VERY CLEAR, THE CONSTITUTION IS VERY CLEAR AND
SEEMINGLY WE'RE VIOLATING THE CONSTITUTION AND I WOULD REMIND MY
COLLEAGUES JUST LAST WEEK, THIS BODY WAS SLAPPED DOWN HISTORICALLY FOR
VIOLATING THE STATE CONSTITUTION. IT VIOLATED THE PROCESS BY WHICH WE
DRAW MAPS, BOTH IN TERMS OF INTENT AND PROCESS. AN ENTIRELY
DEMOCRAT-CONTROLLED COURT OF APPEALS SLAPPED THIS BODY DOWN AND
TOLD THIS BODY YOU HAVE LOST THE TRUST OF THE PEOPLE OF THE STATE OF NEW
YORK, AND DESERVEDLY SO.
THE ARROGANCE, THE HUBRIS THAT IT TAKES TO PUT THIS
LEGISLATION FORWARD TODAY IS THE VERY ARROGANCE AND HUBRIS THAT THIS
BODY USED TO PASS UNCONSTITUTIONAL MAPS. THE VOTERS LAST YEAR REJECTED
THE CYNICAL ATTEMPT OF THIS BODY TO WEAKEN THE INDEPENDENT
REDISTRICTING COMMISSION AND THAT PROCESS. THE VOTERS REJECTED THE
ATTEMPT TO UNDERMINE OUR ELECTION PROCESS, AND REJECTED THE ATTEMPT TO
52
NYS ASSEMBLY MAY 2, 2022
ALLOW NO EXCUSE ABSENTEE BALLOTING. AND WHAT DID THIS BODY DO? THIS
YEAR, IT EXTENDED A PROVISION UNDER THE GUISE OF COVID THAT IF YOU ARE
FEARFUL OF COVID, YOU CAN VOTE BY ABSENTEE BALLOT. IT IS REMARKABLE
THAT OUT OF A BODY OF 150 PEOPLE, A MAJORITY SEEMS NOT TO CARE WHAT
THE PEOPLE WHO ELECTED THEM HERE WANT. THEY ARE TIRED OF THE
CORRUPTION.
SINCE 2003, OVER 50 MEMBERS OF THE STATE LEGISLATURE
AND STATEWIDE OFFICE HOLDERS HAVE EITHER BEEN ARRESTED, INDICTED OR
RESIGNED IN DISGRACE. SINCE ELIOT SPITZER, IT HAS BEEN ONE AWFUL
EPISODE AFTER THE NEXT. THIS IS WHAT YOU GET WITH ONE-PARTY RULE. THIS
IS WHAT YOU GET WHEN THE URGE, THE URGE TO ABUSE POWER IS THERE.
POWER CORRUPTS, ABSOLUTE POWER CORRUPTS, ABSOLUTELY, WE ALL KNOW THE
SAYING, AND IT HAS NEVER BEEN MORE TRUER THAN TODAY. THE FACT THAT THE
GOVERNOR HAS THE GALL TO DEMAND THIS BILL WHEN THERE ARE ALREADY TWO
CANDIDATES ON THE BALLOT, THE DEMOCRATIC VOTE -- PRIMARY VOTERS HAVE A
CHOICE. MAYBE THE GOVERNOR WON'T LIKE THEIR CHOICE, BUT GUESS WHAT?
THAT'S A RESULT OF HER OWN HORRIFIC JUDGMENT. THAT IS A RESULT OF HER
DECISION TO APPOINT SOMEBODY WHO AS FAR BACK AS JANUARY 4TH, 2021
WAS UNDER INVESTIGATION BY THE NEW YORK CITY BOARD OF ELECTIONS AND
THE CAMPAIGN FINANCE BOARD. AND THE FACT THAT THIS BILL HAS BEEN
PUSHED THROUGH IN RECORD SPEED IS REMARKABLE.
WHAT ABOUT THE BILL TO INVESTIGATE THE 15,000 SENIORS
WHO WERE KILLED IN OUR NURSING HOMES? THAT DOESN'T SEEM TO BE A
PRIORITY FOR THIS BODY, BUT GIVING KATHY HOCHUL A GET OUT OF JAIL FREE
CARD, THAT'S WHAT WE WANT TO SPEND OUR TIME ON? IT IS PURELY POLITICAL.
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NYS ASSEMBLY MAY 2, 2022
MY COLLEAGUE DID A WONDERFUL JOB OF DANCING AROUND
MY QUESTION AS TO WHETHER OR NOT SHE WOULD HAVE INTRODUCED THIS BILL IF
A REPUBLICAN CANDIDATE FOR OFFICE HAD BEEN ARRESTED. WE ALL KNOW THE
ANSWER TO THAT. SHE DIDN'T SAY YES. IT'S A DEFINITIVE ANSWER, YES OR NO.
SO I STRONGLY ENCOURAGE EVERYBODY TO VOTE NO ON THIS
AND RESTORE THE FAITH AND TRUST OF THE PEOPLE OF THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: THANK YOU.
MR. CARROLL.
MR. CARROLL: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. CARROLL: BILLS LIKE THIS ON DAYS LIKE TODAY, IT
MAKES YOU HARD NOT TO BE CYNICAL ABOUT WHAT GOES ON IN ALBANY.
THERE IS NO REASON WE SHOULD BE VOTING ON THIS BILL. THERE IS NO
REASON WE SHOULD GIVE THE GOVERNOR THE OPPORTUNITY TO APPOINT AND
HAND SELECT YET ANOTHER LIEUTENANT GOVERNOR. THERE HAS BEEN AMPLE
OPPORTUNITY. THERE ARE TWO DEMOCRATS ON THE BALLOT. THIS IS
UNNECESSARY.
NOW, IF THIS BILL WERE ABOUT BEING MERCIFUL TOWARDS
MR. BENJAMIN, I WOULD SAY SURE, LET US BE MERCIFUL TO HIM. BUT IT IS
ABSURD TO PROVIDE THE GOVERNOR WITH AN OPPORTUNITY TO HAND SELECT YET
ANOTHER LIEUTENANT GOVERNOR CANDIDATE. THE RULES ARE THE RULES, AND
THE FACT OF THE MATTER IS THE DECLINATION PROCESS AND THE COMMITTEE ON
VACANCIES PROCESS IS FRAUGHT WITH INEQUITY. IT IS A TERRIBLE PROCESS
UNDER NORMAL CIRCUMSTANCES. WHEN YOU GIVE A SELECT FEW, A SELECT FEW
WHO ARE ALWAYS INSIDERS, THE ABILITY TO PLACE SOMEBODY ON THE BALLOT
54
NYS ASSEMBLY MAY 2, 2022
WHO HAD NOT PUT THEMSELVES FORTH TO BE CANDIDATES FOR HIGHER OFFICE, IT
ASTOUNDS ME THAT WE ARE DOING THIS TODAY.
THE GOVERNOR SHOULD FEEL SHAMEFUL AT HER ACTIONS.
WE, AS A LEGISLATURE, SHOULD HAVE MORE AGENCY. WE SHOULD STOP
BENDING TO THE WILL OF ALL OF HER BECKS AND CALLS. YOU KNOW, WHEN SHE
WAS FIRST NAMED GOVERNOR AFTER THE LAST GOVERNOR RESIGNED, SHE TOLD US
IT WAS A NEW DAY, A NEW DAWN. SHE SEEMED NICE AND FRIENDLY, SHE HAD
A LOT OF GREAT SOUND BYTES. BUT IT SURE AS HECK FEELS LIKE DÉJŔ VU,
BECAUSE I DON'T SEE HOW THIS IS AT ALL DIFFERENT.
WE SHOULD VOTE NO ON THIS BILL BECAUSE IT DEFIES GOOD
GOVERNMENT, IT DEFIES TRANSPARENCY, AND THAT'S WHAT WE SHOULD BE
CALLING FOR WHETHER WE'RE DEMOCRATS OR REPUBLICANS. WE DON'T HAVE
TO LOVE THE TWO NOMINEES THAT ARE ON THE DEMOCRATIC BALLOT, THAT'S FINE,
BUT MY GUESS IS THAT OFTEN PEOPLE DON'T LOVE THE NOMINEES ON ANY
BALLOT. THAT DOESN'T MEAN WE SHOULD CHANGE THE RULES IN THE MIDDLE OF
THE GAME. THIS IS UNFORTUNATE. THIS IS UNNECESSARY. I HOPE THAT MY
COLLEAGUES WILL JOIN ME IN VOTING NO.
ACTING SPEAKER AUBRY: MR. JACOBSON.
MR. JACOBSON: MR. SPEAKER, WE IN THIS BODY
HAVE ALL WITNESSED AND SAT THROUGH THE FICTION WHEN PEOPLE TRY TO GET
OFF THE BALLOT. WE HAVE SEEN TIME IN AND TIME OUT PEOPLE BEING
NOMINATED FOR STATE SUPREME COURT RACES IN AREAS WHERE THEY HAVE NO
CHANCE OF WINNING AND THEY'RE NOT EVEN INTERESTED IN RUNNING. I THINK
THAT ALL OF US IN THIS ROOM, IF WE WEREN'T SUPPORTING A CANDIDATE FOR
LIEUTENANT GOVERNOR, WOULD SAY -- AND WE HAD A BLANK SLATE, WE WOULD
55
NYS ASSEMBLY MAY 2, 2022
PASS -- WE WOULD HAVE A PROVISION THAT WOULD BE SIMILAR TO THIS BILL.
AND IF YOU ASK THE VOTERS AND YOU SAID TO THEM, WELL,
WHAT DO YOU THINK, WHAT SHOULD HAPPEN WHEN SOMEBODY GETS ARRESTED,
INDICTED OR CONVICTED OF A CRIME, SHOULD THEY BE ALLOWED TO STAY ON THE
BALLOT? PEOPLE WOULD SAY, NO, OF COURSE NOT. WELL, YOU CAN'T DO THAT
NOW. SO PEOPLE WOULD WANT A CHANCE TO BE ABLE TO VOTE.
NOW, IT'S BEEN SAID THAT, WELL, THERE ARE TWO OTHER
PEOPLE RUNNING IN THE DEMOCRATIC PRIMARY, BY THE WAY, OUR PARTY IS
DEMOCRATIC, NOT DEMOCRAT, WE'RE THE DEMOCRATIC PARTY. AND SO IN OUR
PRIMARY, THERE ARE TWO PEOPLE, BUT IF YOU DO NOT LIKE THOSE TWO CHOICES
THEN YOU HAVE TO GO THROUGH ANOTHER FICTION. YOU WOULD HAVE TO VOTE
FOR THE THIRD CANDIDATE AND THEN HOPE THAT THAT CANDIDATE GETS
NOMINATED FOR A SUPREME COURT SEAT OR ANOTHER OFFICE, OR MOVES OUT OF
THE DISTRICT WHICH, IN THIS CASE, WOULD BE THE STATE. SO THIS BILL OF IT BY
ITSELF IS LONG OVERDUE.
NOW, TO ARGUE THAT THIS HAS NOT CHANGED IN A GOOD
NUMBER OF YEARS WOULD MEAN THAT WE SHOULD COME UP HERE AND NOT
CHANGE LAWS THAT HAVE EXISTED FOR A LONG TIME. OF COURSE THAT'S AN
ABSURD ARGUMENT, WE COME UP HERE ALL THE TIME WITH CHANGES TO MAKE
US BETTER, TO CREATE A MORE PERFECT STATE, TO PARAPHRASE THE U.S.
CONSTITUTION OF A MORE PERFECT UNION. AND SO THIS BILL MAKES SENSE. IT
MAKES SENSE BECAUSE IT ALLOWS THE -- SOMEONE, AND YOU NEVER KNOW
WHO IS GOING TO BE THE NEXT PERSON BECAUSE WE ALL KNOW THAT CRIME IS
NOT, UNFORTUNATELY, OR FORTUNATELY IS NOT DELEGATED AND RELEGATED TO ONE
PARTY ONLY.
56
NYS ASSEMBLY MAY 2, 2022
AND SO I THINK HERE IT'S A BILL THAT IS LONG OVERDUE AND
THAT ALL OF YOU IN THIS CHAMBER, IF YOU WERE NOT SUPPORTING A
CANDIDATE, WOULD SAY YES, WE SHOULD DO THIS. IF THIS WAS A BLANK SLATE
AND WE WERE CRAFTING THE ELECTION LAW, WE WOULD SAY YES, WE SHOULD
DO IT. SO I COMMEND THE SPONSOR AND I BELIEVE THAT THIS IS A GOOD BILL
FOR THE TIME THAT WE ARE IN, AND IT'S SOMETHING THAT'S LONG OVERDUE AND
I'LL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. WALLACE.
MS. WALLACE: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A FEW QUESTIONS?
MS. PAULIN: YES.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MS. WALLACE: SO LET ME JUST UNDERSTAND, THIS BILL,
DOES IT ONLY APPLY FOR THIS CURRENT ELECTION CYCLE?
MS. PAULIN: NO.
MS. WALLACE: AND DOES IT ONLY APPLY FOR STATE
OFFICES?
MS. PAULIN: NO.
MS. WALLACE: SO THIS BILL APPLIES FOR THIS CURRENT
ELECTION CYCLE AND FOR FUTURE ELECTION CYCLES, AND IT APPLIES FOR STATE
POSITIONS, LOCAL POSITIONS, AND FEDERAL POSITIONS, CORRECT?
MS. PAULIN: YES.
MS. WALLACE: THANK YOU.
MR. SPEAKER, ON THE BILL.
57
NYS ASSEMBLY MAY 2, 2022
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALLACE.
MS. WALLACE: THIS LEGISLATION IS ABOUT GOOD
GOVERNMENT, WHICH IS WHY IT IS SUPPORTED BY GOOD GOVERNMENT GROUPS.
MOST NEW YORKERS ARE SHOCKED TO HEAR THAT SOMEONE WHO HAS BEEN
INDICTED CAN'T GET OFF THE BALLOT EVEN THOUGH THAT PERSON NO LONGER
WANTS TO OR INTENDS TO RUN FOR OFFICE. THIS LEGISLATION WOULD ALLOW
SOMEONE WHO IS ACCUSED OF A CRIME TO VOLUNTARILY REMOVE THEMSELVES
FROM THE BALLOT AS A RESULT OF THOSE CRIMINAL CHARGES.
IN THIS SITUATION, WE HAVE A CANDIDATE WHO HAS BEEN
INDICTED, HAS SINCE RESIGNED AND HAS NO INTENTION OF SEEKING REELECTION,
BUT BECAUSE OF THE ARCANE ELECTION LAW RULES THAT WE HAVE, HE CANNOT
GET OFF THE BALLOT. THIS IS A CLEAR DISSERVICE TO THE VOTERS AND AN
IMPEDIMENT TO HOLDING CORRUPT POLITICIANS ACCOUNTABLE.
SOME OF OUR COLLEAGUES HAVE ARGUED THAT THIS BILL IS
JUST TARGETING ONE PERSON. I DISAGREE. THE BILL APPLIES TO THE CURRENT
SITUATION, SURE, BUT IT ALSO APPLIES TO ANY SITUATION THAT MIGHT ARISE IN
THE FUTURE, AND ANYWHERE ON THE BALLOT. IT COULD BE A STATE OFFICE, IT
COULD BE A COUNTY OFFICE, IT COULD BE A TOWN OFFICE, OR IT COULD BE A
FEDERAL OFFICE. AND SADLY, HAVING INDICTED INDIVIDUALS RUN FOR OFFICE
DESPITE WANTING TO GET OFF THE BALLOT IS A BIPARTISAN PROBLEM. NEITHER
PARTY HAS THE MORAL HIGH GROUND ON THIS ISSUE, AND I KNOW ONE OF OUR
COLLEAGUES SAID EARLIER 50 PEOPLE HAVE LEFT IN DISGRACE SINCE 2003.
THAT'S SHAMEFUL, THAT'S HORRIBLE, BUT IF MEMORY SERVES ME CORRECT IT'S --
IT WASN'T JUST FROM ONE PARTY; IN FACT, IF I REMEMBER CORRECTLY, THE
58
NYS ASSEMBLY MAY 2, 2022
MINORITY LEADER OF THIS HOUSE WAS ALSO ONE OF THOSE PEOPLE.
AND VOTERS IN WESTERN NEW YORK REMEMBER NOT TOO
LONG AGO THAT CHRIS COLLINS WAS A SITTING CONGRESSMAN RUNNING FOR
REELECTION WHEN HE WAS INDICTED ON AN INSIDER TRADING SCHEME THAT
HAPPENED ON THE FRONT LAWN OF THE WHITE HOUSE. AND YET BECAUSE OF
OUR FLAWED, ARCANE ELECTION LAWS, COLLINS WAS ABLE TO -- WASN'T ABLE TO
REMOVE HIS NAME. SO DESPITE EFFORTS BY NOT ONLY HIM, BUT FOLKS FROM
HIS PARTY WHO WERE, AS WAS REFERRED TO EARLIER, TRYING TO MOVE HIM TO
ANOTHER POSITION ON THE BALLOT FOR ANOTHER POSITION THAT HE HAD NO
INTENTION TO RUN FOR BECAUSE THAT'S THE WAY OUR LAWS WORK BUT, IN FACT, IT
WAS ONLY BECAUSE CHRIS COLLINS' LAWYERS TOLD HIM THAT DOING THAT
WOULD PUT HIM IN FURTHER LEGAL JEOPARDY THAT HE AND HIS PARTY
ABANDONED THAT SCHEME. AND WHAT HAPPENED? CHRIS COLLINS GOT
REELECTED, A SITTING CONGRESSMAN WHO HAD BEEN STRIPPED OF HIS
COMMITTEE ASSIGNMENTS AND BASICALLY ABANDONED HIS REPRESENTATION --
ACTING SPEAKER AUBRY: ONE MINUTE. MR.
LAWLER, WHY DO YOU RISE?
MS. WALLACE: -- OF OUR COMMUNITY WAS REELECTED.
ACTING SPEAKER AUBRY: ONE MINUTE, MS.
WALLACE.
YES, SIR?
MR. LAWLER: WOULD YOU YIELD FOR A QUESTION?
MS. WALLACE: NO.
ACTING SPEAKER AUBRY: IT'S A NO I BELIEVE.
MR. LAWLER: THANK YOU.
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NYS ASSEMBLY MAY 2, 2022
MS. WALLACE: SO LET ME GO BACK. AND WHAT
HAPPENED? CHRIS COLLINS, WHO WAS AN INDICTED SITTING CONGRESSMAN
WHO HAD BEEN STRIPPED OF ALL HIS COMMITTEE ASSIGNMENTS AND HAD
BASICALLY ABANDONED HIS REPRESENTATION OF OUR COMMUNITY WAS
REELECTED TO HIS SEAT WHERE HE CONTINUED TO COLLECT A PAYCHECK UNTIL HE
LEVERAGED HIS POSITION AS A CONGRESSMAN TO GET A BETTER PLEA DEAL.
THIS BILL WOULD ELIMINATE THAT SITUATION, IT WOULD
ELIMINATE THE CURRENT SITUATION, AND ANY FUTURE SITUATIONS. I'D LIKE TO
THINK THAT IS THE LAST TIME WE'RE EVER GOING TO HAVE AN INDICTED PERSON
RUNNING FOR OFFICE, BUT IF HISTORY SERVES - AND I HOPE TO GOD IT IS - BUT IF
HISTORY IS ANY INDICATOR, I THINK THIS MIGHT HAPPEN AGAIN. SO THIS
LEGISLATION WILL PREVENT ANYONE WHO MIGHT OTHERWISE BE REELECTED FOR
AN OFFICE THAT THEY DON'T WANT FROM USING THEIR POSITION TO THEN
LEVERAGE A BETTER PLEA DEAL, AND IT WILL PREVENT OTHERS FROM DOING SO.
THIS IS NOT ABOUT BENEFITTING THE GOVERNOR, IT'S ABOUT BENEFITTING THE
VOTERS IN NEW YORK STATE NOW AND IN THE FUTURE. I SUPPORT THIS
LEGISLATION AND I URGE MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE. THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. ZEBROWSKI.
MR. ZEBROWSKI: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. ZEBROWSKI: THIS IS A PRETTY SIMPLE BILL. IT
ALLOWS A PERSON TO GET OFF THE BALLOT IF THEY'RE CHARGED WITH A CRIME AND
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NYS ASSEMBLY MAY 2, 2022
A FEW OTHER THINGS. I THINK IT MAKES A LOT OF SENSE. SITTING HERE, I WAS
STRUCK BECAUSE, YOU KNOW, ONLY IN ALBANY CAN ALLOWING A PERSON TO GET
OFF THE BALLOT AND, THEREFORE, IMPLYING THE WAY THIS WOULD WORK AND
ALLOWING ANOTHER PERSON TO RUN FOR OFFICE, ONLY IN ALBANY WOULD THAT
SOMEHOW REDUCE THE ABILITY OF THE PEOPLE OF NEW YORK TO ELECT
SOMEBODY. WE ARE GIVING THE PEOPLE OF NEW YORK MORE CHOICES.
NOW, AS THE PRIOR MEMBER MENTIONED, THIS HAS WIDE
APPLICABILITY. IT'S NOT JUST RELATED TO THIS SITUATION WITH THE GOVERNOR
THAT YOU'VE HEARD HERE TODAY, BUT COULD BE USED BY ANYBODY ELSE. AND
FOR THE LIFE OF ME, I CAN'T REALLY UNDERSTAND WHY WE WOULD ALLOW
SOMEBODY WHO WAS IN A LEGAL PREDICAMENT, HAD BEEN CHARGED OR
CONVICTED, WANTS TO GET OFF THE BALLOT, WHY WE WOULD MAKE THEM STAY
ON THE BALLOT, UNLESS OF COURSE YOU'RE A MEMBER OF THE OPPOSITE PARTY.
I GET IT. I GET IT. THIS IS AN ELECTION YEAR AND FOLKS IN ONE PARTY WOULD
NO DOUBT LOVE TO RUN AND MAIL OUT 8X10 GLOSSIES WITH THE FACT THAT ONE
PERSON IN THE OTHER PARTY IS INDICTED, BUT THAT'S NOT GOOD FOR THE VOTERS,
MR. SPEAKER. THE VOTERS DESERVE AS MANY CHOICES AS POSSIBLE. AND I
THINK IF YOU APPLY THIS LAW, WHICH HAS BROUGHT APPLICABILITY TO THE
CURRENT SITUATION AS WE HEARD IN THE DEBATE TODAY, SURE. SURE. THERE
WILL BE ANOTHER CANDIDATE FOR LIEUTENANT GOVERNOR ON THE BALLOT.
NOW, AS IS ACTUALLY PLAYING OUT OUT THERE IN MOST
RACES, THE LIEUTENANT GOVERNOR CANDIDATES HAVE ATTACHED THEMSELVES,
IF YOU WILL, TO A GUBERNATORIAL CANDIDATE. I ACTUALLY AM ONE TO THINK
THAT THIS ENTIRE PROCESS IS INSANE, THE FACT THAT THE LIEUTENANT GOVERNOR,
WHICH BEYOND PRESIDING OVER THE SENATE, THE ENTIRE ROLE IS TO WORK
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NYS ASSEMBLY MAY 2, 2022
WITH THE GOVERNOR AND DO THE THINGS THAT THE GOVERNOR, THE CURRENT
GOVERNOR TELLS THEM TO DO OR TASKS THEM TO DO, OR TAKES OVER FOR THE
GOVERNOR IN A SITUATION WHERE THE GOVERNOR DIES, RESIGNS OR WHATEVER,
BUT WHY THEY WOULD BE ELECTED SEPARATELY IS BEYOND ME. BUT THAT'S THE
CURRENT SITUATION, BUT AS IT PLAYS OUT IN ELECTIONS IS THEY TEND TO ATTACH
THEMSELVES.
SO I GET IT. IF YOU'RE A MEMBER OF THE OTHER SIDE OF THE
AISLE, YOU WANT MR. BENJAMIN ON THE BALLOT. PROBABLY HAD ADS ALREADY
KEYED UP. BUT THAT'S NOT GOOD FOR DEMOCRACY AND THAT'S NOT GOOD FOR
THE VOTERS OF NEW YORK. AND I ALSO GET IT. IF YOU'RE A CURRENT
LIEUTENANT GOVERNOR CANDIDATE, OH, YOU'RE NOT -- YOU DO NOT WANT
ANOTHER CANDIDATE ON THE BALLOT, YOU DON'T WANT NEW YORKERS TO HAVE
ANOTHER CHOICE BECAUSE YOU WANT TO GET ELECTED. THAT'S ESSENTIALLY --
OR IF YOU SUPPORT ONE OF THOSE CANDIDATES, YOU WANT THEM TO GET
ELECTED. BUT THAT'S NOT GOOD FOR THE VOTERS.
THIS IS GETTING WAY TOO COMPLICATED ON THE FLOOR HERE.
SHOULD WE ALLOW SOMEBODY THAT'S BEEN INDICTED TO STAY ON THE BALLOT
EVEN IF THEY WANT TO GET OFF THE BALLOT, RIGHT, BECAUSE WE'RE NOT FORCING
THE PERSON. CERTAINLY MR. BENJAMIN OR ANYBODY ELSE HAS THE RIGHT TO
STAY ON THE BALLOT, HAS THE RIGHT TO DEFEND THEMSELVES IN COURT AND HAS
THE RIGHT TO STAY A CANDIDATE, BUT IF THEY DON'T WANT TO, PERHAPS IT'S A
DISTRACTION FOR THEM, PERHAPS THEY WANT TO FOCUS ON WHAT'S GOING ON IN
THE CRIMINAL JUSTICE AND THE LEGAL SYSTEM. IF THEY WANT TO GET OFF,
SHOULD THEY BE ABLE TO OR SHOULD NEW YORKERS HAVE TO HAVE THAT
PERSON ON THE BALLOT. OF COURSE I THINK WE SHOULD ALLOW THAT PERSON TO
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NYS ASSEMBLY MAY 2, 2022
GET OFF THE BALLOT. AND THEN SHOULD THERE BE A MECHANISM BY WHICH
ANOTHER CANDIDATE CAN BE SELECTED? I DON'T SEE HOW PREVENTING NEW
YORKERS FROM HAVING ANOTHER CHOICE IS GOOD GOVERNMENT, GOOD
POLITICS OR GOOD FOR DEMOCRACY, I JUST DON'T.
SO WHILE WE'RE ON THE FLOOR TODAY, I THINK THERE'S A LOT
OF BACK AND FORTH, AND IT ALL IS -- IT ALL HAS A POLITICAL BEND TO IT IN ONE
WAY OR THE OTHER. AND LOOK, I ALSO KNOW THAT WE CAME OUT OF A BUDGET
CYCLE AND SOME FOLKS DIDN'T LIKE CERTAIN THINGS THE GOVERNOR PUSHED
FOR IN THE BUDGET CYCLE. MR. SPEAKER, THAT IS WHAT THE SEPARATION OF
POWER IS ABOUT. THE GOVERNOR IS GOING TO BE A GOVERNOR. THE
LEGISLATURE IS GOING TO BE A LEGISLATURE, AND IN MY YEARS HERE IN THE
ASSEMBLY, DEPENDING UPON WHO THE GOVERNOR IS SOMETIMES I AGREE
WITH THEM AND WHEN I AGREE WITH THEM, I AM MORE THAN HAPPY WHEN
THEY ARE PUSHING THEIR ISSUES AS HARD AS POSSIBLE. AND WHEN I DON'T
AGREE WITH THEM, THEY DRIVE ME UP A WALL WHEN THEY'RE ATTEMPTING TO
USE THE POWERS OF THEIR BRANCH OF GOVERNMENT. BUT THAT SHOULDN'T BE
THE REASON WHY WE MAKE DECISIONS ON HERE ON WHAT'S BEST FOR THE
ELECTORATE. AND WHAT I THINK IS BEST FOR THE ELECTORATE IS TO HAVE
CHOICES, NOT TO HAVE A PERSON WHO IS INDICTED WHO DOESN'T WANT TO RUN
FOR OFFICE HAVE TO BE ON THE BALLOT, AND NOT TO HAVE VOTERS HAVE TO VOTE
FOR IF WE'RE JUST GOING TO LOOK AT, BECAUSE A LOT OF THE DEBATE HAS BEEN
AROUND THE GUBERNATORIAL RACE, AND WE'RE JUST GOING TO LOOK AT THE
GOVERNOR'S RACE, NOT TO HAVE DEMOCRATIC VOTERS HAVE TO CHOOSE THE
LIEUTENANT GOVERNOR CANDIDATE OF TWO OF THE OTHER PRIMARY
CHALLENGERS. IF IT'S GOING TO PLAY OUT THAT WAY -- NOW, MR. BENJAMIN
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NYS ASSEMBLY MAY 2, 2022
CAME THROUGH THE PARTY PROCESS AT CONVENTION, THOSE ARE THE RULES. IF
THE RULES WERE THAT EVERYBODY HAD TO GET PETITIONS, WELL THEN EVERYBODY
WOULD HAVE HAD TO GET PETITIONS, BUT THOSE ARE THE RULES. I BELIEVE
THEY'RE THE RULES IN BOTH PARTIES. SO THOSE ARE THE RULES.
SO LET'S GIVE THOSE DEMOCRATIC VOTERS THE OPPORTUNITY
TO CHOOSE ANY OF THE CANDIDATES IF THEY WANT SOMEONE WHO IS DIFFERENT,
BECAUSE THAT'S OUR CRAZY SYSTEM, OR IF THEY'RE GOING TO FOLLOW WHAT
SEEMS TO BE HAPPENING WHERE A GOVERNOR -- A GUBERNATORIAL CANDIDATE
IS RUNNING WITH A LIEUTENANT GOVERNOR CANDIDATE, THEN LET'S HAVE THREE.
LET'S HAVE THREE, BECAUSE IT JUST DOESN'T MAKE ANY SENSE. I THINK THIS IS
A PRETTY SIMPLE BILL. I THANK THE SPONSORING FOR PUTTING IT FORWARD. I
THINK IT'S GREAT POLICY FOR THIS YEAR, I THINK IT'S GREAT POLICY FOR ALL YEARS,
AND I THINK AT THE END OF THE DAY GIVING VOTERS MORE CHOICES IS GOOD
GOVERNMENT AND GOOD POLITICS, AND GOOD FOR DEMOCRACY. THANK YOU,
MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. LAVINE.
MR. LAVINE: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. LAVINE: SO SOME OF YOU MAY SAY CHARLES D.
LAVINE, WHAT UPSETS YOU ABOUT HAVING SOMEONE INDICTED ON A BALLOT?
WHAT CONCERNS YOU? WHAT COULD POSSIBLY CONCERN YOU ABOUT HAVING
SOMEONE INDICTED POSSIBLY ELECTED TO STATEWIDE OFFICE? AFTER ALL,
YOU'RE FROM NASSAU COUNTY, AND IN NASSAU COUNTY WE HAVE A LONG, A
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NYS ASSEMBLY MAY 2, 2022
RICH, AND A VERY PROUD HISTORY OF HAVING INDICTED AND CONVICTED PUBLIC
OFFICIALS. EXCEPT THAT IT'S NOT A PROUD HISTORY, IT'S A SHAMEFUL HISTORY.
AND WHILE I HEAR TODAY FROM BOTH SIDES OF THE AISLE, AND MAYBE THAT'S
GOOD, MAYBE THAT'S GOOD, MAYBE IT'S NOT GOOD, IS AN EFFORT TO SHAME THE
GOVERNOR, TO SHAME KATHY HOCHUL. THERE IS ABSOLUTELY NO WAY THAT
THE STATE POLICE COULD HAVE KNOWN THAT BRIAN BENJAMIN WAS GOING TO
BE INDICTED, ABSOLUTELY NO WAY. THE U.S. ATTORNEYS OFFICES, THE
FEDERAL INVESTIGATIVE AUTHORITIES DO NOT DISCLOSE THAT KIND OF
INFORMATION, EVERY ONE OF US KNOWS THAT.
BUT BE THAT AS IT MAY, I'M NOT REALLY WORRIED ABOUT
KATHY HOCHUL. KATHY HOCHUL -- GOVERNOR HOCHUL HAS A LONG, LONG
CAREER, A POLITICAL CAREER. I'M NOT WORRIED ABOUT HER IN THE LEAST. SHE
HAS ALWAYS HAD THE ABILITY, AND MAYBE THIS IS WHAT UPSETS SOME PEOPLE,
TO BE ABLE TO PUNCH ABOVE HER WEIGHT. SO THE EFFORT TO PUNISH HER IS
UTTERLY, UTTERLY MISGUIDED. AND PUNCHING ABOVE HER WEIGHT IS A
REFERENCE TO THE SWEET SCIENCE THAT'S PART OF THE PARLANCE OF BOXING,
PUNCHING ABOVE HER WEIGHT. SO I'M NOT CONCERNED ABOUT HER, AND I'M
NOT CONCERNED ABOUT THE EFFORTS TO TRY TO SHAME HER, BECAUSE WHO IS
GOING TO BE PREJUDICED HERE? WHO IS GOING TO SUFFER AN IMPAIRMENT OF
LEGAL POSITION? HOCHUL WILL BE FINE. IT IS THE PEOPLE OF THE STATE OF
NEW YORK. IT IS THE PROCESS OF DEMOCRACY WHICH WILL BE HELD UP TO
NATIONAL RIDICULE, AND YOU'VE GOTTEN A LITTLE SENSE OF WHAT THAT'S GOING
TO LOOK LIKE FROM THE COURSE OF THIS DEBATE BY THE FACT THAT NEW YORK,
ONE OF THE MOST COMPLEX AND SOPHISTICATED STATES IN THE UNITED STATES
OF AMERICA IS RUNNING SOMEONE FOR OFFICE WHO IS UNDER INDICTMENT.
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NYS ASSEMBLY MAY 2, 2022
NO, THAT'S NOT GOING TO WORK.
SO I WANT TO SIMPLY SAY TO MY COLLEAGUES WHO WILL
VOTE AGAINST THIS, FAILURE TO ACT TODAY IS A FAILURE TO FIGHT FOR AND UPHOLD
DEMOCRACY, THE DEMOCRATIC PROCESS. IT ELEVATES FORM OVER SUBSTANCE
WHICH, IF ANYTHING, GETS CITIZENS ANGRY AND SHOULD GET CITIZENS ANGRY.
SO I WANT TO SAY THIS. I KNOW PRETTY MUCH HOW EVERYBODY'S GOING TO
VOTE HERE, BUT I'M GOING TO OFFER MY COLLEAGUES ACROSS THE AISLE MY
PROMISE, MY SOLEMN ASSURANCE, IF EVER I AM A MEMBER OF THIS BODY
AND THE SHOE IS ON THE OTHER FOOT, I WILL VOTE TO SUPPORT LEGISLATION TO
GET YOUR INDICTED, YOUR INDICTED STATEWIDE OFFICER OR ANYBODY ELSE OFF
THE BALLOT. AND IF ANYBODY'S WATCHING AND WANTS TO KNOW WHY I'M
LAUGHING, IT'S BECAUSE MY FRIEND AND COLLEAGUE ON THE OTHER SIDE OF THE
AISLE HAS JUST TAKEN HIS SHOE OFF AND SHOWED ME HIS SHOE WITH
REFERENCE TO THE SHOE BEING ON THE OTHER FOOT. SO YOU HAVE MY SOLEMN
ASSURANCE. I SHOULDN'T BE LAUGHING DURING THE COURSE OF THIS -- OF THIS
DISCUSSION, BECAUSE IT IS SERIOUS, IT'S SERIOUS FOR DEMOCRACY.
AND FINALLY, FINALLY, TO MY COLLEAGUES WHO ARE SO
UPSET ABOUT A LEGISLATURE TAKING ACTION IN THE MIDST OF A CRISIS, I WANT TO
OFFER A QUOTE AND I ASK YOU, IS THIS QUOTE FROM SOME RADICAL? IS THIS A
QUOTE FROM BILL KUNSTLER OR THOMAS PAYNE? AND THIS IS THE QUOTE:
BEING AT THE MERCY -- BEING AT THE MERCY OF LEGISLATIVE MAJORITIES IS
ANOTHER WAY OF DESCRIBING THE BASIC AMERICAN PLAN, REPRESENTATIVE
DEMOCRACY. NO IT WASN'T BILL KUNSTLER, IT WASN'T TOM PAYNE, IT WAS
ROBERT BORK'S QUOTE, AND IT'S TRUE AND IT'S ABOUT TIME WE STAND UP AND
FIGHT FOR DEMOCRACY. THANK YOU VERY MUCH.
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NYS ASSEMBLY MAY 2, 2022
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. WALSH: SO I WASN'T PLANNING ON SPEAKING
TODAY; MANY OF MY COLLEAGUES HAVE REALLY GIVEN -- EXPRESSED MY
SENTIMENTS I THINK PRETTY WELL. BUT THERE WERE A COUPLE OF COMMENTS
THAT WERE MADE THAT I GUESS, FOR A LACK OF A BETTER PHRASE, KIND OF GOT
MY GOAT. YOU KNOW, I'M A PRETTY REASONABLE PERSON. I THINK THAT, YOU
KNOW, I TRY TO ADOPT A PRETTY EVEN TONE IN THE CHAMBER, BUT THE WAY
THAT I WAS RAISED IS YOU'VE GOT TO CALL THINGS THE WAY -- THE WAY THAT
THEY ARE, NOT MAYBE THE WAY THAT YOU WISH THEM TO BE. AND I
COMPLETELY UNDERSTAND THAT DIFFERENT PEOPLE HAVE DIFFERENT
PERSPECTIVES, BUT I DO NOT AGREE WITH ANY IDEA THAT THIS BILL REPRESENTS
GOOD GOVERNMENT. IF IT DID REPRESENT GOOD GOVERNMENT, THEN THE
AMENDMENT THAT WAS PROPOSED TO MAKE IT EFFECTIVE JANUARY 1ST NEXT
YEAR, I WOULD HAPPILY VOTE FOR IT AT THAT POINT.
BUT LET'S REALLY BE REAL HERE. I MEAN, THIS BILL IS BEING
OFFERED TODAY ON AN EXTREMELY EXPEDITED BASIS AS A GOVERNOR'S
PROGRAM BILL FOR A VERY POLITICAL REASON. SO LET'S NOT SCRUB IT UP AND
CALL IT GOOD GOVERNMENT. THIS IS POLITICS, THIS IS ABSOLUTELY POLITICS.
ONE OF MY PREVIOUS COLLEAGUES -- PREVIOUS SPEAKERS SAID THAT IN HIS
OPINION, KATHY HOCHUL WAS GOING TO BE JUST FINE. WELL, SOMEBODY
NEEDS TO TELL THE SIENA POLL THAT BECAUSE THAT DOESN'T SEEM TO BE THE
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NYS ASSEMBLY MAY 2, 2022
CASE. AND WE KNOW, AND SOME OF US ON OUR SIDE OF THE AISLE TAKE GREAT
SOLACE IN THE IDEA THAT ONCE EVERY 20 OR SO YEARS EVEN WITH TREMENDOUS
DISADVANTAGE IN ENROLLMENT IN THIS STATE, THE REPUBLICANS CAN GET A
REPUBLICAN GOVERNOR ELECTED. AND I THINK THAT THERE'S A REAL CONCERN
WITH THE MISSTEPS BEING MADE BY THIS MOST TRANSPARENT NEW DAY IS
DAWNING, I'M GOING TO BE THE MOST ETHICAL GOVERNOR THAT YOU'VE EVER
SEEN, WE'RE SEEING A LOT OF MISSTEPS BEING MADE.
AND THIS BODY, I'M SURPRISED YOU AREN'T ALL BOWED
OVER FROM CARRYING THE WATER THAT YOU'RE BEING ASKED TO CARRY.
STRAIGHTEN UP AND SEE IT FOR WHAT IT IS, THIS IS POLITICS, ABSOLUTELY PURE
AND SIMPLE. YOU KNOW, THERE WERE A LOT OF POLITICAL -- OR A LOT OF
SPORTS ANALOGIES THAT WERE MADE. I'M NOT A BIG SPORTS PERSON, I LEARNED
A LITTLE BIT ABOUT FOOTBALL DURING THE WHOLE BUDGET PROCESS WITH THE
BILLS, BUT I AM LEARNING HOW TO GOLF SO THE THING THAT STRUCK ME ABOUT
THIS WAS THAT THIS IS KIND OF LIKE A MULLIGAN, RIGHT? THIS IS, YOU KNOW,
YOU KNOW ABOUT MULLIGANS IN GOLF AND EVERYONE KIND OF WINKS ABOUT
THEM, AND, YOU KNOW, YOU PLAY A -- YOU PLAY A TOURNAMENT AND YOU CAN
BUY THEM, YOU CAN BUY MULLIGANS SO THAT WHEN YOU SHANK THE BALL, YOU
CAN USE A MULLIGAN AND YOU CAN DROP THE BALL AND YOU CAN HIT IT AGAIN,
GET ANOTHER CHANCE TO HIT THE BALL.
SO I, YOU KNOW, I SEE THIS MORE AS A MULLIGAN, BUT IT'S
A LOT LESS FRIENDLY AND AMUSING THAN THAT. I THINK THAT THE WAY THAT OUR
GOVERNMENT IS RUN SHOULD BE RUN A LITTLE BIT BETTER THAN A GOLF
TOURNAMENT. I HONESTLY THINK IT'S DISGRACEFUL AND I THINK THAT I DO
DISAGREE, THOUGH, WITH SOME MEMBERS WHO HAVE SAID THAT THE ONLY
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INDIVIDUAL WHO BENEFITS FROM THIS BILL PASSING IS GOVERNOR HOCHUL. I
DEFINITELY THINK THAT SHE'S -- SHE'S THE ONE THAT BENEFITS THE MOST TO TRY
TO CLEAN UP A MISJUDGMENT THAT SHE MADE, BUT I ALSO THINK THAT ANY
OTHER MEMBER IN THE SENATE OR ASSEMBLY WITH A PRIMARY BENEFITS FROM
THIS BILL, BECAUSE THEY DON'T WANT TO HAVE THEIR NAMES NEXT TO A
DISGRACED FORMER LIEUTENANT GOVERNOR ON THAT BALLOT WHEN SOMEBODY
GOES IN TO VOTE. THEY DON'T WANT TO BE SULLIED BY HAVING BRIAN
BENJAMIN'S NAME ON THE BALLOT NEXT TO THEIRS AT A PRIMARY.
SO ELECTIONS DO HAVE CONSEQUENCES. THIS IS DEFINITELY
AN ATTEMPT TO CONTROL SOME BAD CONSEQUENCES THAT CAME FROM HAVING
BRIAN BENJAMIN SELECTED, AND I THINK THAT, YOU KNOW, MY POLITICAL
JUDGMENT HASN'T ALWAYS BEEN 100 PERCENT, SHALL WE SAY. I'M NOT
ALWAYS EXACTLY ON POINT. I THOUGHT THAT THERE WAS NO WAY THAT THE
BUFFALO BILLS THING WOULD BE PUT INTO THE BUDGET, NO WAY, IT WOULD NOT
HAPPEN. YOU KNOW, WHEN THE PREVIOUS SPEAKER TALKED A LITTLE BIT ABOUT
A FEDERAL ISSUE I, YOU KNOW, WHEN THE IDEA OF LIKE PACKING THE
SUPREME COURT CAME UP, OH ABSOLUTELY NOT, THAT WOULD NEVER HAPPEN,
THAT WOULD -- NO ONE WOULD STAND FOR THAT.
SO YOU KNOW, I DON'T KNOW. I'M NOT ALWAYS RIGHT ON
THE POLITICS, I GUESS, BUT EVEN I'M A LITTLE BIT SURPRISED AT THE ATTEMPT TO
TAKE SOMETHING THAT IS SO OBVIOUSLY AND COMPLETELY POLITICAL AND TRY TO
SCRUB IT UP AND CALL IT GOOD GOVERNMENT AND THAT IT'S GOOD FOR THE
VOTERS, THAT'S WHY I JUST GOT ENOUGH OF MY IRISH UP, SHALL WE SAY, AND I
JUST NEEDED TO STAND UP AND TALK A LITTLE BIT ABOUT THAT. OBVIOUSLY, I
WILL NOT BE SUPPORTING THIS AND, MR. SPEAKER, THANK YOU FOR THE
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NYS ASSEMBLY MAY 2, 2022
OPPORTUNITY.
ACTING SPEAKER AUBRY: THANK YOU.
MR. WALCZYK.
MR. WALCZYK: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. WALCZYK: SO WE HAVE A -- WE HAVE A
TWO-PARTY SYSTEM IN THE STATE OF NEW YORK AND PEOPLE HAVE BEEN
FRUSTRATED BY TWO-PARTY SYSTEMS FOR A LONG TIME AND THE UNITED STATES
FOUNDERS HAD A LOT OF DISCUSSIONS ABOUT THE MERITS OF TYRANNY OF
MAJORITY, I HAVE TALKED ABOUT IT ON THIS FLOOR A NUMBER OF TIMES. IT'S
EASY TO BE CRITICAL OF A TWO-PARTY SYSTEM, BUT IF VOTERS ARE THINKING
ABOUT ONE THING THAT'S REALLY HANDY ABOUT A TWO-PARTY SYSTEM IT'S THAT
YOU HAVE A PARTY FUNCTION OF VETTING CANDIDATES BEFORE THEY RUN AGAINST
THE OPPOSITION PARTY FOR OFFICE. THAT WOULD BE ONE GOOD THING I THINK
MOST VOTERS WHEN THEY SHOW UP IN THE GENERAL ELECTION WOULD SAY
BECAUSE YOU'RE NOT VOTING ON 50 CANDIDATES THAT YOU HAVE TO RESEARCH
FOR GOVERNOR OR LIEUTENANT GOVERNOR OF THE STATE OF NEW YORK. BY
THAT TIME, IT'S NARROWED DOWN TO TWO. SO THE VOTERS HAVE A SELECTION OF
ONE OR THE OTHER, IT'S PRETTY EASY TO SEE THEM DEBATE ON A STAGE, IT'S
PRETTY EASY TO SEE THE ISSUES AND HOW THEY COMPARE AND CONTRAST.
SO WE HAVE THIS TWO-PARTY SYSTEM AND WE HAVE RULES
THAT GOVERN IT IN THE STATE OF NEW YORK, ONE OF THE RULES WE'RE LOOKING
TO CHANGE TODAY I GUESS WITH THIS BILL. BUT ONE THING THAT IS NICE ABOUT
THE TWO-PARTY SYSTEM IS THAT PARTIES CAN VET THEIR CANDIDATES, AND IF
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NYS ASSEMBLY MAY 2, 2022
THEY HAVEN'T FIGURED OUT WHO THEY WANT TO GET BEHIND, WELL, IN THIS CASE
THEY CAN HAVE A PARTY PRIMARY. CURRENTLY IN THE STATE OF NEW YORK,
THERE'S A REPUBLICAN PRIMARY FOR GOVERNOR AND LIEUTENANT GOVERNOR,
THERE'S A DEMOCRATIC PRIMARY FOR GOVERNOR AND FOR LIEUTENANT
GOVERNOR. AND BOTH PARTIES, WHILE THEY MAY HAVE NOT ALL GOTTEN
BEHIND ONE CANDIDATE OR THE OTHER, BOTH PARTIES FOLLOW THE SAME RULES
OF THE STATE OF NEW YORK AND PUT FORTH PRIMARIES.
NOW, THESE CANDIDATES OF THOSE PARTIES NARROWED THE
CHOICES DOWN TO A FEW, RIGHT, THE REPUBLICANS DID AND SO DID THE
DEMOCRATS. AND THESE CANDIDATES THAT HAVE MOVED FORWARD IN THE
PROCESS, THEY HAVE DONE THEIR PARTY VETTING. THEY HAVE DONE THE
PETITIONING REQUIRED BY THE STATE OF NEW YORK TO GET ON THE BALLOT.
THEY HAVE ACTUALLY SIGNED THEIR ACCEPTANCES SAYING, YOU KNOW, I
ACCEPT THE PARTY'S NOMINATION AND WE HAVE DONE ALL OF OUR PETITIONS
CORRECTLY, AND THEY HAVE QUALIFIED TO BE ON THE BALLOT AS A REPUBLICAN
RUNNING FOR GOVERNOR OR LIEUTENANT GOVERNOR, AS A DEMOCRAT RUNNING
FOR LIEUTENANT GOVERNOR OR FOR GOVERNOR. THERE ARE THREE CANDIDATES
ON THE DEMOCRATIC LINE CURRENTLY FOR LIEUTENANT GOVERNOR OF THE STATE
OF NEW YORK, ONE GOT ARRESTED AND RESIGNED FROM THE OFFICE OF
LIEUTENANT GOVERNOR, YOU PROBABLY KNOW THAT, MR. SPEAKER. TWO
HAVEN'T BEEN ARRESTED SO FAR AND HAVEN'T RESIGNED, AT LEAST THE LAST TIME
I CHECKED TWITTER, HAVEN'T RESIGNED FROM ANY OFFICE AS FAR AS I KNOW
RIGHT NOW.
SO WHAT'S BEING BROUGHT FORWARD HERE TODAY WITH THIS
BILL? WELL, IT DIDN'T WORK. THE PREFERENTIAL CANDIDATE FOR THE
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NYS ASSEMBLY MAY 2, 2022
DEMOCRATIC PARTY FOR LIEUTENANT GOVERNOR, IT DIDN'T WORK OUT FOR HIM.
OH SHOOT, THE TOP OF OUR TICKET WHEN THE FIX WAS IN WITHIN OUR OWN
PARTY FOR WHO WE PREFERRED IN A DEMOCRACY WITHIN OUR OWN PARTY. SO
ON JUNE 28TH, DEMOCRAT VOTERS, THERE'S NO BIPARTISANSHIP HERE, THERE'S
ONLY PARTISANSHIP. THERE'S ONLY ONE PARTY SHOWING UP TO VOTE IN THE
DEMOCRATIC PRIMARY FOR GOVERNOR AND FOR LIEUTENANT GOVERNOR, THAT'S
DEMOCRATS. AND WHEN THEY SHOW UP TO THE POLLS ON JUNE 28TH,
CURRENTLY BEFORE THIS GETS SIGNED INTO LAW, THEY HAVE THREE OPTIONS FOR
GOVERNOR AND THREE OPTIONS FOR LIEUTENANT GOVERNOR. NOW, I CAN SEE
WHY THE PARTY WOULD BE UPSET WITH THAT, BECAUSE SOMETHING WENT
WRONG BACK IN STEP NUMBER ONE IN THE VETTING PROCESS OF ONE OF THESE
CANDIDATES, AND THAT CANDIDATE UNFORTUNATELY GOT ARRESTED AND HAD TO
RESIGN FROM OFFICE AND FOR YOUR PARTY I SAY UNFORTUNATELY, THAT STINKS,
BUT THOSE ARE THE RULES. THOSE ARE THE RULES THAT GOVERN EVERYBODY. SO
IT'S ODD TO ME -- NOW LOOK, THE FIX IS NOT IN ALL THE WAY TO THE GENERAL
ELECTION, YOU STILL HAVE THE OPPORTUNITY AS DEMOCRAT VOTERS TO GO OUT
THERE AND SELECT A DIFFERENT LIEUTENANT GOVERNOR ON JUNE 28TH IN YOUR
PARTY PRIMARY.
SO WHAT ON EARTH ARE WE DOING IN THE STATE HOUSE
TALKING ABOUT PARTISAN POLITICS TODAY? THE FIX IS IN. WHAT ON EARTH ARE
WE DOING TALKING ABOUT SCOOTING IN A NEW CANDIDATE ON THE DEMOCRATIC
PRIMARY BECAUSE OOPS, ARREST AND CORRUPTION AND THE TOP OF OUR TICKET
WHEN THE FIX WAS ALREADY IN FOR OUR OWN PARTY PRIMARY. AND IT COMES
IN WITH A MESSAGE OF NECESSITY FROM THE GOVERNOR? NO. NO, NOT FOR
ME. THAT'S RIGHT, MR. SPEAKER, I SAID NO -- AND, WELL, YOU ALREADY
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NYS ASSEMBLY MAY 2, 2022
KNOW HOW I'M GOING TO VOTE ON THIS THING, BUT BEFORE I CONCLUDE MY
COMMENTS, I WANT TO -- I WANT TO -- AND I BUTCHERED THIS QUOTE THE OTHER
NIGHT WHEN I USED IT AND THAT WAS BEFORE THIS CAME UP, BUT I WANT TO
GET IT ABSOLUTELY RIGHT TODAY BECAUSE THE 16TH PRESIDENT OF THE UNITED
STATES SAID, ELECTIONS BELONG TO THE PEOPLE. IT'S THEIR DECISION. IF THEY
DECIDE TO TURN THEIR BACK ON THE FIRE AND BURN THEIR BEHINDS, THEN THEY
WILL JUST HAVE TO SIT ON THEIR BLISTERS. THAT DOESN'T MEAN IF YOU SCREWED
UP IN YOUR OWN PARTY PROCESS AND BRING IT INTO THE STATE HOUSE AND
CHANGE THE RULES FOR EVERYBODY, NOT FOR THIS ELECTION, NOT IN PERPETUITY.
IF YOU SCREW IT UP AS DEMOCRAT PARTY MEMBERS IN YOUR OWN PROCESSES,
THEN YOU SIT ON THE BLISTERS OF BRIAN BENJAMIN AND YOU DEAL WITH THE
CONSEQUENCES. MR. SPEAKER, I'LL BE VOTING NO.
ACTING SPEAKER AUBRY: MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER. SO HERE WE
ARE, MAY 2ND, ASSEMBLY BILL NO. 10135, THAT SEEMS LIKE AN AWFUL LOT
TO ME. SEEMS WE GET MORE AND MORE BILLS AS THERE ARE MORE AND MORE
MISTAKES WITH ONE-PARTY RULES, JUST FIX IT WITH A BILL, IT'LL PASS. YOU
KNOW, THE VOTERS VOTED NO ON THE CONSTITUTIONAL AMENDMENT FOR
ABSENTEE BALLOTS, TO GET AN ABSENTEE BALLOT WITHOUT REASON. HOW DID
WE FIX IT? WE ADOPTED A BILL THAT SAID YOU CAN VOTE WITH AN ABSENTEE
BALLOT WITHOUT A REASON. WE ADOPTED A BILL TO PAY POSTAGE FOR THE
RETURN OF ABSENTEE BALLOTS, THOSE SAME ABSENTEE BALLOTS THAT THE VOTERS
VOTED NO FOR IN THE CONSTITUTIONAL AMENDMENT. WE -- WE VOTED ON A
BILL TO ALLOW VOTING ON COLLEGE CAMPUSES FROM PEOPLE OUTSIDE OF
COLLEGE CAMPUSES WITHOUT A VACCINATION CARD OR ID. BUT MEANWHILE IF
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NYS ASSEMBLY MAY 2, 2022
YOU'RE GOING TO SCHOOL, YOU HAVE TO HAVE A VACCINATION CARD AND AN ID,
BUT IF YOU WANT TO GO ON THE CAMPUS AND YOU'RE NOT VACCINATED OR, YOU
KNOW, HAVE A PHOTO ID, YOU CAN GO ON THE CAMPUS AND VOTE.
BUT BACK TO THE BILL, MR. SPEAKER. TO BE HONEST, I
WOULDN'T WANT THIS PERSON'S NAME ON THE BALLOT NEXT TO MINE EITHER. HE
RESIGNED FROM HIS POSITION BECAUSE OF AN ACCUSATION, AN ACCUSATION.
ALL I HEAR ALL DAY LONG IN THIS CHAMBER IS YOU'RE INNOCENT UNTIL PROVEN
GUILTY, AND EVERYBODY DESERVES A FAIR TRIAL, AND EVERYBODY DESERVES A
SECOND CHANCE, BUT IT DOESN'T SEEM TO GO THAT WAY WHEN THE ODDS ARE
STACKED AGAINST YOU.
YOU KNOW, THIS HAPPENED TO A POLITICAL CANDIDATE ON
LONG ISLAND, AND AFTER A LONG TRIAL AND HER NAME COMING OFF THE BALLOT
AND, YOU KNOW -- OR ACTUALLY SHE WAS ON THE BALLOT AND SHE LOST THE
ELECTION, WHICH IS WHAT SHOULD HAPPEN HERE, IT TURNED OUT THAT SHE WAS
INNOCENT AND SHE RUINED HER POLITICAL CAREER AND IT RUINED HER
REPUTATION. AND THIS IS A CONDEMNATION OF MR. BENJAMIN BY ALL OF HIS
DEMOCRATIC COLLEAGUES.
AS MY COLLEAGUE SAID, WE NEED SEPARATION OF POWERS;
I COULDN'T AGREE MORE. YOU KNOW, HOW ABOUT THE GOVERNOR GIVING THE
DEPARTMENT OF HEALTH JURISDICTION AND EMERGENCY POWERS OVER MASK
MANDATES, AND OVER NURSING HOMES VISITATIONS, AND MANY OTHER THINGS.
INSTEAD OF THE LEGISLATIVE BODY GIVING THE GOVERNOR THE POWERS DURING
AN EMERGENCY, THE GOVERNOR GAVE THE POWER TO THE DEPARTMENT OF
HEALTH. WHAT ABOUT SEPARATION OF POWERS THERE?
YOU KNOW, ANOTHER STATEMENT WAS MADE ABOUT HOW
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NYS ASSEMBLY MAY 2, 2022
MAIL PIECES WOULD GO WITH MR. BENJAMIN'S PICTURE ON IT. YOU KNOW
WHAT, THAT'S NOT THE MAIL PIECE ANYMORE. THE VOTERS OUT THERE ARE
DISENFRANCHISED, THEY SEE RIGHT THROUGH EVERYTHING THAT IS HAPPENING IN
ALBANY, AND THEY'RE GOING TO VOTE BECAUSE THEY KNOW THAT THE WOOL IS
CONSTANTLY TRYING TO BE PULLED OVER THEIR EYES, BUT THEY'RE SMARTER THAN
THAT THIS YEAR. THE MAIL PIECES ARE GOING TO BE ABOUT THE COVER-UPS,
THE COVER-UPS OF THIS BODY AND OF THE SENATE BODY AND OF THE
GOVERNOR, THAT'S WHAT THE MAIL PIECES ARE GOING TO BE ABOUT.
SO YOU KNOW, AND I'M GLAD THAT MY COLLEAGUE OVER
HERE SAID THAT IT'LL BE -- YOU KNOW, IT'S NOT ABOUT THE POLICE, IT'S NOT
ABOUT THE POLICE OR THE DISTRICT ATTORNEYS REVEALING INFORMATION ABOUT,
YOU KNOW, MR. BENJAMIN OR ANY ACCUSATIONS OR ANY INVESTIGATIONS THAT
THEY'RE DOING, IT'S NOT ABOUT THE POLICE SO I'M GLAD THAT YOU SAID THAT,
BECAUSE I APPRECIATE THAT AND I'M SURE THAT THEY DO, TOO. YOU KNOW,
EVERYBODY IS JUST TRYING TO DO THEIR JOBS, EVERYBODY'S TRYING TO DO THE
BEST THAT THEY CAN, BUT THIS IS JUST CHANGING THE RULES IN THE MIDDLE OF
THE GAME, IT'S BEEN SAID BEFORE MANY TIMES TODAY, JUST TO SERVE ONE
PERSON, AND THAT'S THE GOVERNOR. YOU HAVE TWO OTHER FORMIDABLE
CANDIDATES ON THE BALLOT. SO IT'S NOT THAT THE VOTERS DON'T HAVE A CHOICE,
IT'S THAT A MISTAKE WAS MADE AND YOU FIXED IT WITH A BILL. WHAT ABOUT
THE OTHER BILL? YOU KNOW, I FORGOT TO SIGN MY ACCEPTANCE LATER AND I
HAVE BEEN, YOU KNOW, VOTED IN AS DISTRICT ATTORNEY? THAT'S OKAY, WE'LL
JUST CHANGE THE LAW. YOU CAN SIGN THE ACCEPTANCE CERTIFICATE WHENEVER
YOU WANT. BUT WE JUST CHANGE BILLS TO ACCOMMODATE AND THE VOTERS SEE
RIGHT THROUGH IT AND THAT IS GOING TO BE THE SUBJECT OF THIS COMING
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NYS ASSEMBLY MAY 2, 2022
ELECTION.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. CAHILL.
MR. CAHILL: THANK YOU, MR. SPEAKER. A QUICK
QUESTION FOR THE SPONSOR, AND NOT THE ONE I SAID I WOULDN'T ASK YOU.
ACTING SPEAKER AUBRY: MS. PAULIN?
MR. CAHILL: MS. PAULIN, IF THIS BILL PASSES AND IF
MR. BENJAMIN COMES OFF THE BALLOT, WHAT IS THE PROCESS THAT WOULD BE
-- THAT WOULD HAVE TO BE UNDERTAKEN IN ORDER TO FILL THAT VACANCY SHOULD
THE APPROPRIATE PARTIES DETERMINE THAT THAT'S WHAT THEY WANT TO DO?
MS. PAULIN: SO THE PROCESS WOULD BE WITHIN FOUR
DAYS THE COMMITTEE ON VACANCIES WOULD HAVE TO SUBMIT A NAME TO THE
STATE BOARD WHICH, IN TURN, WOULD CERTIFY THAT NAME TO THE LOCAL
BOARDS.
MR. CAHILL: SO THE STATE COMMITTEE MAKES THE
CHOICE?
MS. PAULIN: THE COMMITTEE ON VACANCIES FOR THE
STATE COMMITTEE.
MR. CAHILL: THE COMMITTEE ON VACANCIES FOR THE
STATE COMMITTEE.
MS. PAULIN: JUST SIMILARLY TO THE WAY WE HAVE A
COMMITTEE ON VACANCIES.
MR. CAHILL: GOT IT. THAT'S NOT THE GOVERNOR.
MS. PAULIN: NO.
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NYS ASSEMBLY MAY 2, 2022
MR. CAHILL: THANK YOU. THANK YOU, MS. PAULIN.
MR. SPEAKER, WE HEARD HERE TODAY DISCUSSIONS OF THIS
BILL IN THE CONTEXT OF REDISTRICTING, THAT THE COURTS THREW OUT,
REDISTRICTING THAT MANY MEMBERS OF THIS BODY, INCLUDING SEVERAL FROM
THE OTHER SIDE OF THE AISLE TOLD ME THEY THOUGHT WERE GREAT LINES. WE
HEARD TODAY A DISCUSSION ABOUT NUMEROUS TIMES WHEN PEOPLE HAVE
BEEN DISCIPLINED, MAYBE ARRESTED, MAYBE CHARGED WITH SOMETHING. BUT
THIS BILL DOESN'T HAVE ANYTHING TO DO WITH THE MAJORITY LEADER OF THE
SENATE AND HIS SON WHO SET UP A CORRUPT ENTERPRISE TO ENRICH
THEMSELVES AT THE PUBLIC'S EXPENSE. THIS BILL DOESN'T HAVE ANYTHING TO
DO WITH A MEMBER OF THIS BODY WHO STALKED A WOMAN, BROKE INTO HER
HOUSE AND VIOLATED HER PRIVACY, A MEMBER FROM UPSTATE NEW YORK
FROM THE CENTRAL OR WESTERN PART OF THIS STATE WHERE THERE ARE VERY FEW
DEMOCRATS. THIS BILL DOESN'T HAVE ANYTHING TO DO WITH A YOUNG WOMAN
WHO MADE A MISTAKE IN JUDGMENT AND ENTERED INTO A RELATIONSHIP WITH
A MEMBER OF HER STAFF THAT WENT SOUTH ON HER THAT RESULTED IN A
DISCIPLINARY ACTION AGAINST HER. AND THIS BILL CERTAINLY DOESN'T HAVE
ANYTHING TO DO WITH OTHER MATTERS THAT CAME BEFORE US THAT HAVE PEOPLE
MAKING AD HOMINEM ATTACKS ON WHAT WE DO HERE FOR A LIVING.
BUT THERE IS THIS TENDENCY, ESPECIALLY TODAY, ESPECIALLY
IN THE AGE OF FOX NEWS TO CONFLATE AND PUT THINGS TOGETHER THAT DON'T
BELONG TOGETHER AND THAT'S HOW YOU MAKE A POINT, BECAUSE TRUTH
SOMEHOW OR ANOTHER NO LONGER MATTERS. ALL THAT MATTERS IS WHETHER
YOU CAN MAKE A GOOD ARGUMENT. WELL, THAT'S NOT THE LEGISLATURE THAT I
KNOW, NOR IS IT THE LEGISLATURE WE SHOULD HAVE. OUR DISCUSSION SHOULD
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NYS ASSEMBLY MAY 2, 2022
BE ABOUT THE MERITS OR THE LACK OF MERITS OF A SPECIFIC PIECE OF
LEGISLATION. YOU KNOW WHAT I DIDN'T HEAR TODAY? I DIDN'T HEAR A SINGLE
PERSON STAND UP AND SAY THIS IS HOW THEY DO IT IN OTHER STATES. I DIDN'T
HEAR A SINGLE PERSON STAND UP AND SAY I HAVE A BETTER IDEA OF HOW YOU
GET SOMEONE WHO WAS ACCUSED OF A CRIME, FELONY OR MISDEMEANOR, OFF
THE BALLOT IF THEY WANT TO GET OFF THE BALLOT SO THAT THE VOTERS ARE NOT
FORCED TO CONSIDER THAT PERSON IN AN ELECTION. ALL I HEARD WAS AD
HOMINEM ATTACKS AGAINST THE CAPITOL, AGAINST THIS NAMELESS, FACELESS
ALBANY, AND ALBANY THAT MANY PEOPLE COME HERE AND EMBRACE, AND
THEN IN THEIR RHETORIC AND GO BACK TO THEIR DISTRICTS, BASH. THEY WANT TO
PARTICIPATE IN ALL THE THINGS THAT HELP THEM, THEY WANT TO GET ALL THE
LARGESS OF THIS PLACE AND THEN THEY WANT TO GO BACK AND PRETEND,
PRETEND THAT THEY ARE OUTSIDERS.
GUESS WHY I'M VOTING FOR THIS BILL? NOT BECAUSE OF
YOU, YOU, YOU, OR SOMEBODY ON THE SECOND FLOOR, I'M VOTING FOR THIS
BILL BECAUSE MY CONSTITUENTS CAME TO ME AND THEY SAID, ARE YOU
KIDDING ME? YOU CAN'T GET OFF THE BALLOT IF YOU HAVE BEEN CHARGED
WITH A FELONY? THAT'S INSANE. CHANGE THAT NOW, IMMEDIATELY. AND
THAT'S ALL WE'RE DOING HERE TODAY. THE GOVERNOR'S NOT GOING TO PICK
WHO THE CANDIDATE IS, LET'S HOPE SHE HAS A GREAT DEAL OF INFLUENCE WHO
THE COMMITTEE ON VACANCY CHOOSES BECAUSE THAT'S THE WAY IT SHOULD
BE IF A VACANCY OCCURS, IF THE CANDIDATE THAT IS ON THE BALLOT NOW
CHOOSES TO GET OFF THE BALLOT. LET'S HOPE THAT THE GOVERNOR HAS
SOMETHING TO SAY. BUT IN THE LAW IS A CHECK THAT SAYS THAT CANDIDATE
DOESN'T GET TO MAKE THIS CHOICE, THAT A COMMITTEE GETS TO MAKE THIS
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NYS ASSEMBLY MAY 2, 2022
CHOICE BASED UPON THE RECOMMENDATIONS OF A LARGER REPRESENTATIVE
BODY, A BODY OF PEOPLE THAT ARE ALSO ELECTED IN THE STATE OF NEW YORK,
THE NEW YORK STATE DEMOCRATIC COMMITTEE.
SO LET'S LEAVE OUR RHETORIC HOME FOR 20 MINUTES, ONE
DAY, ONE BILL, AND LET'S ARGUE SOMETHING ON THE MERITS OF THAT
LEGISLATION. AND IN THIS CASE, LET'S DO WHAT MY COMMONSENSE
CONSTITUENTS HAVE SAID TO ME AND, BY THE WAY, NOT JUST DEMOCRATS; IN
FACT, MOSTLY NOT DEMOCRATS. LET'S DO WHAT MY COMMONSENSE
CONSTITUENTS SAID TO DO AND FIX THIS AND FIX THIS NOW.
ACTING SPEAKER AUBRY: THANK YOU.
LADIES AND GENTLEMEN IN THE REAR, LADIES AND
GENTLEMEN IN THE REAR, APPRECIATE IT IF YOU WOULD UN-GATHER AND BE A
LITTLE QUIET. THANK YOU. THEY WERE QUIET WHEN YOU GUYS TALKED, YOU
SHOULD BE QUIET WHEN THEY TALK.
MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MANKTELOW: I THINK ONE OF MY COLLEAGUES
SAID JUST A LITTLE WHILE AGO HERE FROM OUR SIDE OF THE AISLE, SHE WASN'T
PREPARED TO SPEAK, AND I WASN'T GOING TO SPEAK ON THIS BILL EITHER, BUT I
HAVE SAT HERE FOR THE LAST HOW MANY MINUTES AND HEARD FROM BOTH
SIDES, RIGHT OR WRONG, THE PREVIOUS SPEAKER JUST TALKED ABOUT, YOU
KNOW, LET'S LOOK AT IT FOR WHAT IT IS, LET'S GET RID OF THE RHETORIC, LET'S GET
RID OF FOX NEWS. SO LET'S DO THIS, LET'S CLEAR THIS CHAMBER OUT. I'VE
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NYS ASSEMBLY MAY 2, 2022
HAD THE FORTUNE OF BEING A FATHER AND A STEPFATHER AND HAVING THE
OPPORTUNITY TO RAISE FIVE CHILDREN. OUR LAST ONE WHO IS A STEPSON,
NOAH. HE COMES HOME ALL THE TIME FROM SCHOOL TALKING ABOUT POLITICS
AND WHAT'S RIGHT AND WHAT'S WRONG.
SO LET'S DO THIS, LET'S CLEAR THIS CHAMBER OUT OF HERE.
LET'S GET RID OF THE POLITICS AND LET'S FILL EVERY SINGLE ONE OF THESE SEATS
WITH AN 8TH GRADER, NO PARTY, NO NAME, NO HE, NO SHE, 150 8TH GRADERS.
AND AT THE SAME TIME, LET'S TAKE THREE OF THEIR CLASSMATES AND PUT THEM
UP FRONT. THEY ARE GOING TO BE THE PRESIDENT OF THE CLASS OF 2000
WHATEVER IT IS. AND AT THE SAME TIME, THEY ALSO PUT UP THREE VICE
PRESIDENTS FOR THE CLASS OF 2030. SO THEY'RE GETTING READY TO TAKE A
VOTE, MIND YOU THERE'S NO POLITICAL PARTY IN THIS 8TH GRADE, THESE ARE ALL
FRIENDS, PEOPLE FROM DIFFERENT PART OF ONE COMMUNITY. SO THEY'RE
GETTING READY TO VOTE, THEY GET TO ASK A FEW QUESTIONS OF THE SIX
CANDIDATES. YOU HAVE THE THREE PRESIDENTS THAT ARE RUNNING, YOU HAVE
THE THREE VICE PRESIDENTS THAT ARE RUNNING. THEY ASK THEIR -- THEY ASKED
ALL THE QUESTIONS, AND COME TO FIND OUT THE PRESIDENT FROM THE 7TH
GRADE CLASS WHO IS RUNNING FOR REELECTION HAS THAT SAME RUNNING MATE,
THE VICE PRESIDENT FROM THE PREVIOUS 7TH GRADE CLASS. AND BY THE WAY,
SOMETHING COMES UP. THAT INDIVIDUAL HAS SOME ISSUES, WE'LL GO WITH
SOMETHING WE TALKED ABOUT LAST WEEK, SOME BULLYING ISSUES. THAT
INDIVIDUAL IS A BULLY.
SO NOW THE PRESIDENT OF THAT GROUP SAYS, MAN, I GOT A
VICE PRESIDENT THAT'S A BULLY AND WE'RE GETTING READY TO VOTE, WHAT AM
I GOING TO DO TO BETTER MYSELF? THERE'S ONLY ONE THING THAT PRESIDENT
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NYS ASSEMBLY MAY 2, 2022
CAN DO, LET ME SEE IF I CAN GET RID OF THAT VICE PRESIDENT BEFORE WE TAKE
THE VOTE, BECAUSE THIS IS THIS CLEAR. THERE'S NO -- THERE'S NO GRAY AREA
HERE, IT'S EITHER BLACK OR WHITE. AND IF WE TAKE THE SIMPLICITY OF AN 8TH
GRADER AND APPLY IT TO THE SITUATION HERE, IF WE LEAVE THAT INDIVIDUAL ON
THE BALLOT, THAT VICE PRESIDENT WITH THAT PRESIDENT, THERE'S A PRETTY GOOD
CHANCE THAT THESE 150 8TH GRADERS PROBABLY WON'T VOTE FOR THAT GROUP,
THEY'RE PROBABLY GOING TO PICK ONE OF THE OTHER TWO GROUPS. AND I
KNOW HERE IN STATE OF NEW YORK STATE THAT IT'S A LITTLE DIFFERENT FOR
GOVERNOR AND LIEUTENANT GOVERNOR.
THIS IS WHAT IT'S ABOUT. THIS ISN'T ABOUT POLITICS, THIS
ISN'T ABOUT WHAT WE'RE DOING HERE IN THE CHAMBER, THIS IS ABOUT WHAT
THESE 8TH GRADERS WOULD KNOW AND WHAT THEY KNOW IS RIGHT AND WRONG.
WE CAN SIT HERE AND MAKE OUR OWN POINTS ALL DAY LONG, BUT OUT OF THE
MOUTH OF THE BABES COME THE TRUTH. AND I REMEMBER THE SHOW, KIDS
SAY THE DARNDEST THINGS, BUT THEY SAY IT FOR WHAT IT IS. WE CAN SIT HERE
AND SMUDGE IT AND MASSAGE IT AND MAKE IT LOOK LIKE A GOLDEN LAMP, BUT
WE KNOW WHAT IT IS.
SO JUST THINK ABOUT THAT. WE ARE SETTING OUR CHILDREN,
THOSE 8TH GRADERS, MR. SPEAKER, UP FOR FAILURE. THEY'RE GOING TO LOOK
AT THIS SOME DAY AND SAY WHAT? WHAT ON EARTH DID THE NEW YORK
STATE LEGISLATURE DO ON THIS DAY, MAY 2ND, 2022 TO CHANGE THIS WHEN
THEY KNOW, THEY KNOW TODAY THAT IF THEY HAD TO TAKE OUR VOTE HERE, THEY
WOULDN'T SUPPORT THAT CANDIDATE AND THAT VICE PRESIDENT IN THAT
PARTICULAR CASE. WE ALL KNOW THAT, AND THIS IS WHAT THIS IS ALL ABOUT.
SO LET'S LEAVE THE SIX OF THEM IN PLACE, LET IT FALL WHERE
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NYS ASSEMBLY MAY 2, 2022
IT MAY AND LET THE TRUE VOTERS DECIDE, NOT WE AS LEGISLATORS. AND AS
SOME OF MY COLLEAGUES SAID, IF WE WANT TO CHANGE THE RULES, WE CAN
CHANGE IT FOR NEXT YEAR, ABSOLUTELY, BUT TODAY WE'RE HERE TO VOTE ON
THOSE SIX CANDIDATES UP THERE, AND I KNOW THAT THESE 8TH GRADERS, THESE
150 8TH GRADERS COULD DO THE RIGHT THING, WE CAN DO THE RIGHT THING
HERE. WE ALL KNOW WHAT THIS IS.
SO MR. SPEAKER, I WILL BE VOTING NO NOT BECAUSE OF
WHAT I HEARD HERE ON THE FLOOR, BUT BECAUSE OF WHAT I THINK ABOUT THOSE
8TH GRADERS AND WHAT THEY WOULD DO, THEY WOULD DO THE RIGHT THING. SO
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MR. SPEAKER.
ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GANDOLFO: I JUST WANT TO START TODAY, I DO
TAKE A LITTLE BIT OF AN ISSUE WITH ONE OF OUR COLLEAGUES SAYING THAT NO
ONE HAD STOOD UP TO SAY WE HAVE BETTER IDEA. OUR CONFERENCE
PROPOSED TWO AMENDMENTS TO THIS BILL WHICH WOULD HAVE ACTUALLY
MADE IT A GOOD GOVERNMENT BILL BY HAVING IT TAKE PLACE NEXT YEAR, TAKE
EFFECT NEXT YEAR INSTEAD OF IN THE MIDDLE OF AN ELECTION, BUT INSTEAD IT
WAS VOTED DOWN AND WE HAVE NOW A SITUATION WHERE WE ARE CHANGING
THE RULES IN THE MIDDLE OF AN ELECTION TO BENEFIT ONE PERSON SPECIFICALLY
AND ONE PARTY.
NOW, I DON'T KNOW HOW YOU GET TO A POINT WHERE
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NYS ASSEMBLY MAY 2, 2022
YOU'RE SAYING CHANGING THE RULES MID-ELECTION TO BENEFIT ONE PERSON
AND THE DEMOCRATIC PARTY IS GOOD FOR DEMOCRACY, I DON'T HAVE THE
MENTAL GYMNASTICS TO GET THERE OR THE POKER FACE TO SAY IT WITH A
STRAIGHT FACE AND EXPECT PEOPLE TO BELIEVE IT, IT JUST SEEMS A LITTLE
INSANE TO ME, MR. SPEAKER. SO I WILL NOT BE VOTING FOR THIS BILL AND I
WOULD URGE MY COLLEAGUES TO DO THE RIGHT THING FOR GOOD GOVERNMENT
AND SAY NO TO CHANGING THE RULES RIGHT NOW.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. WALKER.
MS. WALKER: THANK YOU, MR. SPEAKER. SO AS
MOST PEOPLE KNOW, I'M A STAUNCH ADVOCATE FOR THE RIGHTS OF THOSE WHO
ARE ACCUSED, AND I BELIEVE THAT PEOPLE SHOULD BE PRESUMED INNOCENT
UNTIL PROVEN GUILTY. BUT I ALSO BELIEVE IN THE FACT THAT THE PEOPLE OF THE
STATE OF NEW YORK HAVE A RIGHT TO VOTE FOR AN ELECTED OFFICIAL THAT IS
NOT EMBATTLED OR INCUMBERED BY A CRIMINAL PROSECUTION IN OR BEING
UNDER INDICTMENT. AND ONE OF THE THINGS THAT I APPRECIATE ABOUT THIS
BILL IS THAT IT DOESN'T REQUIRE THAT SOMEONE GIVE UP, GIVES UP
PRE-CONVICTION THEIR RIGHT TO RUN FOR OFFICE, BUT IT ALLOWS THEM THE
OPPORTUNITY TO CREATE OR CONTINUE A SEMBLANCE OF PUBLIC CONFIDENCE
AND INTEGRITY WITHIN OUR ELECTED PROCESS.
THERE ARE A NUMBER OF INDIVIDUALS WHO HAVE HAD THIS
FATE BE BEFORE THEM, INCLUDING MY OWN PREDECESSOR. THERE WAS A
SITUATION WHERE THERE WAS AN INDICTMENT AND ALTHOUGH THERE WAS AN
ACQUITTAL THAT RESULTED IN THAT, HE REMAINED ON THE BALLOT, HE WAS
SUPPORTED BY A NUMBER OF GROUPS IN THEIR ENDORSEMENT PROCESSES, HE
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NYS ASSEMBLY MAY 2, 2022
WAS ALSO EVEN REELECTED. THEN THERE WAS ANOTHER SUBSEQUENT CASE THAT
LED TO EVENTUALLY HIM BEING CONVICTED AND THE SEAT BEING OPENED, AND I
RAN FOR THAT OFFICE. AND I REMEMBER JUST HOW DIFFICULT IT WAS TO RESTORE
CONFIDENCE AND PUBLIC TRUST IN THE PEOPLE BECAUSE OF ALL OF THE
CIRCUMSTANCES THAT WERE SURROUNDING AN ELECTION.
AND SO NO, THIS MAY NOT BE A COMFORTABLE EXPERIENCE
FOR US TO BE EMBARKING ON IN TERMS OF THIS CHANGE, BUT IS IT LONG
OVERDUE? ABSOLUTELY. HAVE THERE BEEN YEARS AND YEARS OF EXPERIENCES
WHERE THIS HAS COME BEFORE? YES, EVEN AARON BURR, AND I BELIEVE THE
YEAR WAS 1804.
SO YES, IN 2022 UNDER THIS CIRCUMSTANCE, UNDER THESE
-- THIS FACT PATTERN, WE ARE PRESENTED WITH THIS DECISION TO BE MADE
TODAY. AND ONE OF THE THINGS AS I MENTIONED, I AM READING OR
REREADING THE ART OF WAR, AND ONE OF THE THINGS THAT I HAVE LEARNED
ABOUT, IN CHINESE THERE ARE NO SPECIALISTS IN CHINESE OR ANY OTHER
LANGUAGE FOR THAT MATTER. I DID LEARN, THOUGH, THAT THE WORD FOR CRISIS IS
ALSO INCLUDED -- INCLUDED IN THE WORD FOR CRISIS IS THE WORD FOR
OPPORTUNITY. AND SO WHILE WE HAVE SEEN THIS CRISIS COME BEFORE US
AGAIN AND AGAIN AND AGAIN, AND TO BE ABLE TO HAVE THIS CONVERSATION
OVER AND OVER AND OVER AGAIN AD NAUSEAM, I THINK THAT THE OPPORTUNITY
IS RIGHT, I THINK THAT WE HAVE ENOUGH OF A PROGRESSIVE STATE AND A
PROGRESSIVE LEGISLATURE IN ORDER TO MOVE THIS BILL THROUGH THIS HOUSE AT
THIS TIME. EVEN IF YOU DON'T BELIEVE IT'S THE RIGHT THING TO DO IN THIS
MOMENT, RECOGNIZE THAT THIS IS A RIGHT THAT WILL UNDO A NUMBER OF
WRONGS THAT PEOPLE HAVE FELT FOR MANY, MANY, MANY, MANY YEARS.
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NYS ASSEMBLY MAY 2, 2022
AND I WILL BE PROUD TO VOTE IN THE AFFIRMATIVE ON THIS
PARTICULAR PIECE OF LEGISLATION. AS THE CHAIR OF ELECTION LAW, I SUPPORT
ELECTIONS THAT ARE TRANSPARENT, THAT ARE ACCOUNTABLE, AND PARTICULARLY
ONES THAT THE VOTERS CAN TRUST. AND BECAUSE OF THAT, I VOTE IN THE
AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. GALLAHAN, EXCUSE ME.
MR. GALLAHAN: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD FOR ONE QUESTION?
MS. PAULIN: YES.
ACTING SPEAKER AUBRY: MS. PAULIN SAYS SHE
YIELDS.
MR. GALLAHAN: THANK YOU. I'M WONDERING IF
THIS BILL PASSES TODAY AND IS SIGNED INTO LAW AND MR. BENJAMIN DECIDES
HE'S NOT GOING TO TAKE HIS NAME OFF THE BALLOT, IS THERE ANY BILL LANGUAGE
THAT YOU'RE CONSIDERING FOR THE FUTURE TO RECTIFY THAT SITUATION?
MS. PAULIN: YOU MEAN TO REQUIRE HIM? NO.
MR. GALLAHAN: THANK YOU.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GALLAHAN: MY COLLEAGUES HAVE MENTIONED
PREVIOUSLY TODAY A COUPLE TIMES ABOUT THE BUFFALO BILLS, AND I WOULD
LIKE TO ALSO TOUCH BASE UPON THE BUFFALO BILLS AND IN SUPER BOWL
XXV, A MAN NAMED SCOTTY NORWOOD, EVERYBODY PROBABLY IS FAMILIAR
WITH HIM, THEY CALL HIM "WIDE RIGHT." SO I'M CURIOUS, I DON'T KNOW
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NYS ASSEMBLY MAY 2, 2022
WHY BUT I KNOW THAT BILL PARCELLS DIDN'T CALL A TIMEOUT JUST BEFORE
SCOTTY WAS GOING TO KICK THAT FIELD GOAL AND SAY, LET'S MOVE THE GOAL
POST FOUR FEET TO THE RIGHT, BECAUSE THE HONESTY AND INTEGRITY OF THE
GAME WOULD BE AT STAKE. YOU DON'T CHANGE THE RULES OF THE GAME IN THE
MIDDLE OF THE GAME.
IT'S VERY UNCOMMON TO CHANGE A RULE IN THE MIDDLE OF
THE GAME, AND THAT'S WHAT WE'RE ATTEMPTING TO DO HERE TODAY. IF, IN
FACT, ANY OF THESE AMENDMENTS, PARTICULARLY ONE OF THEM, WOULD HAVE
PASSED, YOU WOULD HAVE HAD SUPPORT FOR THIS TODAY, YOU WOULD HAVE
HAD SUPPORT FOR THIS TODAY. BUT WE'RE NOT DOING THE RIGHT THING HERE,
WE'RE CHANGING THE RULES IN THE MIDDLE OF THE GAME. SO I WILL NOT BE
SUPPORTING THIS BILL AND I WOULD HOPE THAT ANY OF MY COLLEAGUES WITH
AN OUNCE OF ETHICS OR INTEGRITY WOULD DO THE SAME. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: I'M NOT SPEAKING ON THE BILL,
WHETHER YOU'RE FOR MR. BENJAMIN OR AGAINST MR. BENJAMIN. I MEAN, I
DON'T REALLY CARE IF THE GOVERNOR'S LIEUTENANT GOVERNOR'S CANDIDATE HAS
BEEN ARRESTED FOR CORRUPTION OR SUPPORTED DEFUND THE POLICE OR, YOU
KNOW, WAS AN ARCHITECT OF THE BAIL REFORM. THAT -- THAT'S NOT REALLY
WHERE I WANT TO TALK ABOUT. WHAT I WANT TO FOCUS ON IS WHAT THIS BILL
SETS IN PLACE FOR THE PROCESS FOR EVERYONE, WHETHER YOU'RE REPUBLICAN
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NYS ASSEMBLY MAY 2, 2022
OR DEMOCRAT. AND THERE'S TWO PARTS TO THIS BILL. ON ITS FACE THE BILL
SAYS THAT IF YOU'VE BEEN ARRESTED OR CONVICTED AFTER YOU'VE BEEN
NOMINATED, THEN YOU CAN WITHDRAW. AND I TEND TO LIKE THAT BECAUSE IT'S
A LITTLE BIT CHARITABLE, YOU KNOW? SO THEN, YOU KNOW, IF YOU'VE DONE
SOMETHING REALLY AWKWARD MAYBE, INCONVENIENT, EMBARRASSING AND
CRIMINAL, THIS BILL WOULD ALLOW YOU TO RESIGN SO YOU DON'T HAVE TO READ
ALL THOSE THREE-BY-FIVE CARDS OR ALL THOSE POLITICAL BROCHURES POINTING
OUT ALL YOUR CRIMINAL BEHAVIOR. THAT -- THAT CAN BE EMBARRASSING. BUT
THERE'S A SECOND PART OF THIS BILL AS WELL WHICH I FIND MORE TROUBLING.
AND THE SECOND PART OF THE BILL SAYS THAT IF YOU'VE BEEN ARRESTED OR
CONVICTED AFTER YOU WERE NOMINATED, THEN A HANDPICKED COMMITTEE CAN
SELECT YOUR SUCCESSOR FOR THE PRIMARY. NOW, ALL YOUR OPPONENTS IN THE
PRIMARY, WELL, THEY HAD TO CIRCULATE PETITIONS AND GET THOUSANDS AND
THOUSANDS OF PEOPLE TO SIGN ON THE PETITION. BUT, THIS BILL SAYS YOU CAN
HAVE A HANDPICKED COMMITTEE PUT SOMEBODY ON THE BALLOT FOR A
STATEWIDE OFFICE OR FOR ANY LOCAL OFFICE, PUT SOMEONE ON THE BALLOT WHO
NEVER CIRCULATED A SINGLE PETITION. WHO NEVER STOOD IN FRONT OF THE
PARTY AND GOT THEIR ENDORSEMENT. NEVER WENT TO THE CAUCUS. AND JUST
DAYS BEFORE THE BALLOT IS MAILED OUT, A HANDPICKED COMMITTEE WILL
SELECT THEM. NOW, IN MY CASE I HAD A COMMITTEE TO FILL VACANCIES. I
HAD THREE GREAT PEOPLE. IF I DIDN'T RUN, THOSE THREE PEOPLE WOULD SELECT
MY REPLACEMENT. AND IN THE CASE OF A LIEUTENANT GOVERNOR, IN THIS
PARTICULAR CASE IT'S SEVEN PEOPLE. IT'S NOT THE PARTY. IT'S NOT A NEW
CONVENTION. IT'S NOT A NEW CAUCUS. IT'S NOT A NEW PETITION. WE TALK
ABOUT DEMOCRACY, YET WE'RE SETTING UP A PROCEDURE WHERE A HANDPICKED
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NYS ASSEMBLY MAY 2, 2022
COMMITTEE CAN PUT SOMEBODY ON A STATEWIDE BALLOT. THAT'S NOT
DEMOCRACY, MY FRIENDS. NOW, WE'VE SEEN THIS IN OTHER NATIONS, RIGHT,
WHERE THEY WERE A GROUP OF POLITICALLY POWERFUL PEOPLE WILL SELECT THE
PRESIDENT TO BE ON THE NATIONAL BALLOT. AND SURPRISE, THERE'S NO ONE
RUNNING AGAINST THEM. NOW, GRANTED, THAT KIND OF PROCESS IS VERY
CONVENIENT. IT'S VERY FAST AND EFFICIENT. BUT IT'S HARDLY DEMOCRATIC
UNDER ANY SCENARIO. NOW, I COULD MENTION A FEW INSIDE BASEBALL
COMMENTS, AND I FEEL COMPELLED TO DO SO ONLY SO THAT MY CLOCK TODAY
DOESN'T REPEAT SOMETHING THAT EVERYONE ELSE HAS SAID. WE ALL KNOW
THAT SOMETIMES THE PERSON WHOSE NAME IS ON THAT PETITION THAT'S
CIRCULATED HAS ABSOLUTELY NO INTENTION FROM DAY ONE OF EVER RUNNING FOR
OFFICE. WE'VE ALL SEEN THAT, HAVEN'T WE? THEY CALL IT A PLACEHOLDER.
AND WHAT HAPPENS IS ONE OF THE PARTIES DOESN'T HAVE A DECENT
CANDIDATE WHEN THEY START CIRCULATING THE PETITION, SO THEY GET ONE OF
THE PARTY FAITHFUL TO AGREE TO HAVE THEIR NAME ON AND THE PARTY FAITHFUL
TELLS THEM RIGHT UP FRONT, I AM NEVER RUNNING FOR THAT POSITION. RIGHT?
IT'S A FRAUD RIGHT FROM DAY ONE. AND THEY WORK THE SYSTEM SO THEY GET
ALL THAT PETITION TIME IN TO TRY TO FIND AN OPPONENT. AND THEN ON THE
LAST DAY TO DECLINE THE PLACEHOLDER DECLINES. AND ON THE LAST DAY TO FILL
THE VACANCY, THAT HANDPICKED COMMITTEE FILLS THE VACANCY. YES, THAT
HAPPENED TO ME. IT'S PROBABLY HAPPENED TO MANY OF YOU. THIS IS THE
SECOND TIME I'M RUNNING AGAINST SOMEBODY WHO NEVER CIRCULATED A
SINGLE PETITION. THEY WERE SELECTED BY THE PARTY FAITHFUL OR LEAST A
SMALL HANDPICKED COMMITTEE. NOW BY THE WAY, WHEN THAT COMMITTEE
FILLS THE VACANCY, SOME OF YOU MIGHT SAY, OH, WELL THAT'S CUT AND DRY.
88
NYS ASSEMBLY MAY 2, 2022
NO, IT'S NOT ALWAYS CUT AND DRY, IT ISN'T. THERE'S SEVEN MEMBERS ON THAT
COMMITTEE IN THIS CASE, THERE'S THREE IN MY CASE. SOMETIMES THEY DON'T
DO IT RIGHT. IN MY FIRST ELECTION I ACTUALLY CHALLENGED THE ACTION OF A
COMMITTEE TO FILL VACANCIES AND WON IN COURT. AFFIRMED ON APPEAL.
THE CANDIDATE WAS THROWN OFF. SO WHAT'S THIS PROCESS DO? THEY SAY
YOU HAVE FIVE DAYS TO BRING YOUR LAWSUIT, CHALLENGE THAT COMMITTEE TO
FILL VACANCIES DECISION, GET A COURT DECISION, HAVE IT AFFIRMED ON APPEAL
IN FIVE DAYS. BECAUSE IF YOU DON'T DO IT IN FIVE DAYS YOU RUN OUT OF
TIME UNDER FEDERAL LAW TO GET THAT ABSENTEE BALLOT OUT TO THE -- TO THE
MILITARY VOTERS. YOU KNOW, WE -- WE LOOK TO OUR JUDICIARIES FOR CHECK
AND BALANCE, DON'T WE, TO MAKE SURE THE RULES ARE FOLLOWED. BUT WHEN
WE SET UP A PROCEDURE THAT ONLY GIVES YOU FIVE DAYS TO DO THE ENTIRE
JUDICIAL REVIEW, IT'S A MOCKERY OF THAT CHECK AND BALANCE. AND THEN
THINK ABOUT THIS BILL. WHAT'S THE MESSAGE IT SENDS? IT SAYS IF YOU'VE
BEEN ARRESTED OR CONVICTED OF A CRIME YOU CAN WITHDRAW AND HAVE YOUR
HANDPICKED COMMITTEE SELECT A SUCCESSOR. NOW, IF YOU HAVE A STROKE
YOU CAN'T RESIGN. IF YOU'RE IN A SERIOUS CAR ACCIDENT AND YOU'RE
DISABLED, YOU CAN'T RESIGN. IF YOU'RE IN A COMA -- OF COURSE IT WOULD
PROBABLY DIFFICULT TO RESIGN UNDER THAT SITUATION ANYWAY SINCE YOU
WOULDN'T BE COMPETENT TO RESIGN -- BUT THE ONLY WAY YOU CAN RESIGN
UNDER THIS BILL IS IF YOU'VE BEEN ACCUSED OR CONVICTED OF CRIMINAL
CONDUCT. SO WE SAY TO THE COMMITTEE TO FILL VACANCIES, YEAH,
SOMEONE'S WHO'S NOT A CRIMINAL, THEY HAVE TO SIGN UP AND RESIGN WITHIN
FOUR DAYS. YOU'RE NOT A CRIMINAL, YOU'VE GOT FOUR DAYS. BUT IF YOU ARE
A CRIMINAL, WHY, YOU GET AN EXTRA WEEK. TWO WEEKS, THREE WEEKS,
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NYS ASSEMBLY MAY 2, 2022
ALMOST A MONTH. NOW WHY DO WE, AS THE LEGISLATURE, WANT TO PASS
LEGISLATION THAT SAYS IF THE APPOINTED PLACEHOLDER HAPPENS TO BE A
CRIMINAL YOU GET AN EXTRA THREE OR FOUR WEEKS? THAT JUST DOESN'T MAKE
SENSE. SO I DON'T HAVE A PROBLEM LETTING THE VOTERS DECIDE. WE'VE HAD
SITUATIONS WHERE A CANDIDATE RAN WHO WAS UNDER ARREST. MR. COLLINS
WAS MENTIONED. AN AMAZING THING, THE VOTERS SAID, YOU KNOW WHAT?
WE SUPPORT MR. COLLINS MORE THAN HIS OPPONENT. I DON'T KNOW WHAT
KIND OF STATEMENT THAT MADE ABOUT THE OPPONENT, BUT I CAN TELL YOU IT
WAS A PRETTY STRONG ENDORSEMENT OF MR. COLLINS. AND HOW MANY OF US
THE DAY AFTER ELECTION LOOK BACK AND SAY, I CAN'T BELIEVE THAT PERSON
GOT -- GOT ELECTED. HEY, YOU KNOW, THAT'S THE WAY THE DEMOCRATIC
PROCESS WORKS, DOESN'T IT? SO UNDER THE CURRENT LAW CAN THE DEMOCRAT
VOTERS SELECT MR. BENJAMIN AND ANYONE ELSE WHO'S BEEN ARRESTED OF A
CRIME IN THE LAST FEW WEEKS? CERTAINLY. AND SHOULDN'T THEY --
SHOULDN'T THEY HAVE THAT OPPORTUNITY? I MEAN, ISN'T THAT THEIR RIGHT TO
SAY, YES WE WANT THIS CRIMINAL OR, NO, WE DON'T? AND DON'T THE VOTERS
ALWAYS HAVE THE CHOICE TO WRITE IN A NAME (INAUDIBLE)? OH, WAIT,
THAT'S TOO DIFFICULT, EXCEPT THAT IT JUST HAPPENED LAST YEAR IN THE SECOND
LARGEST CITY IN THE STATE OF NEW YORK WHERE THE MAYOR WON TWO-TO-ONE
ON A WRITE-IN VOTE. AND I'M NOT DISPLAYING -- DIS -- DISCOUNTING THE
DIFFICULTY OF IT. ALL I'M SAYING IS, FOLKS, WE KNOW THE RULES. WE
SHOULDN'T MAKE SPECIAL RULES TO BENEFIT PEOPLE WHO HAVE BEEN ARRESTED
OF A CRIME SO THEY CAN STEP OFF FROM THE BALLOT TO AVOID THE
EMBARRASSMENT OF HAVING THEIR CRIMINAL ACTIVITY POINTED OUT IN
THOUSANDS AND THOUSANDS OF ADS. I UNDERSTAND THAT. BY THE WAY,
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NYS ASSEMBLY MAY 2, 2022
THERE'S A LOT OF PEOPLE WHO MIGHT WANT TO STEP DOWN FROM THE BALLOT
AFTER THEY'VE BEEN CAUGHT DOING SOMETHING THAT'S IMMORAL OR UNETHICAL.
DOES THIS BILL ALLOW THAT? TO HAVE A LIEUTENANT GOVERNOR --
HYPOTHETICALLY, NOT FOR SURE -- BUT -- OR -- OR IN ANY WAY MAKE A
MISTAKE. BUT IF YOU HAVE A MAJOR POLITICAL CANDIDATE WHO IS CAUGHT
SLEEPING WITH SOMEBODY ELSE'S WIFE OR ENGAGING IN SEXUAL HARASSMENT
OR DOMESTIC VIOLENCE OR ANY NUMBER OF NONCRIMINAL BUT ENTIRELY
UNFORTUNATE AND EXTRAORDINARILY EMBARRASSING ACTIVITIES, DO WE LET
THEM SAY THEN, I DON'T WANT TO SEE ALL THOSE ADS ANYMORE? NO. SO LET'S
RECOGNIZE WHAT THIS REALLY IS. IT'S A PROCESS THAT SAYS IF A CANDIDATE IS
ARRESTED FOR A CRIME, THEY WITHDRAW AND ALLOW A HANDPICKED COMMITTEE
TO PUT SOMEBODY ELSE UP IN THEIR STEAD RATHER THAN JUST LET THE PROCESS
WORK AS IT HAS FOR NEARLY 250 YEARS.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER J.D. RIVERA: MR. TAGUE.
MR. TAGUE: THANK YOU, MR. SPEAKER. WOULD THE
SPONSOR PLEASE YIELD FOR A QUICK QUESTION?
ACTING SPEAKER J.D. RIVERA: DOES THE
SPONSOR YIELD?
MS. PAULIN: SURE.
ACTING SPEAKER J.D. RIVERA: THE SPONSOR
YIELDS.
MR. TAGUE: IS THERE ANYTHING IN THIS BILL FOR
SOMEONE THAT, LET'S SAY THEY GO THROUGH THE PROCESS, THEY'RE TAKEN OFF
THE BALLOT AND THEN THEY'RE FOUND -- FINDS OUT THAT THEY'RE INNOCENT?
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NYS ASSEMBLY MAY 2, 2022
MS. PAULIN: WELL, THIS IS OPTIONAL. YOU KNOW, THIS
IS PERMISSIVE. THIS IS NOT -- THIS DOESN'T REQUIRE THE -- THE CANDIDATE TO
WITHDRAW HIS NAME OR HER NAME, SO IT'S VOLUNTARY.
MR. TAGUE: SO IT'S UP TO THE CANDIDATE TO REMOVE
THEIR NAME?
MS. PAULIN: YES.
MR. TAGUE: IT'S NOT THE PARTY?
MS. PAULIN: NO.
MR. TAGUE: SO ONLY THE CANDIDATE CAN REMOVE
THEIR NAME.
MS. PAULIN: YES.
MR. TAGUE: ALL RIGHT. WELL, AT THIS POINT MR.
BENJAMIN HAS NOT REMOVED HIS NAME, CORRECT?
MS. PAULIN: WELL, HE CAN'T REMOVE HIS NAME --
MR. TAGUE: THAT'S RIGHT BECAUSE IT'S UNDER THE LAW.
MS. PAULIN: RIGHT. HE WOULD HAVE TO WAIT FOR THIS
BILL TO PASS AND BECOME LAW.
MR. TAGUE: OKAY. I THANK YOU. I JUST WANTED TO
CLARIFY THAT. THANK YOU VERY MUCH.
MS. PAULIN: THANK YOU.
MR. TAGUE: THANK YOU, MR. SPEAKER.
ACTING SPEAKER J.D. RIVERA: MRS. PEOPLES-
STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I HAVE LISTENED INTENTLY. I HAVE HEARD PEOPLE ACCUSING OTHER
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NYS ASSEMBLY MAY 2, 2022
PEOPLE OF DOING THINGS INTENTIONALLY TO THEIR BENEFIT. I THINK THAT AT THE
END OF THE DAY BECAUSE THERE'S A LAW IN PLACE THAT WAS OVER 200 YEARS
DOES NOT MAKE IT RIGHT. AND IT IS TIME TO CHANGE WHAT I THINK IS AN
ANTIQUATED LAW. PEOPLE ARE ARRESTED AND CHARGED WITH A CRIME WHO
DECIDE THEY WANT TO MOVE THEIR NAME OFF OF THE BALLOT, THEY SHOULD BE
ALLOWED TO DO THAT. IT'S JUST AS SIMPLE AS THAT. I'VE HEARD FOOTBALL
ANALOGIES ABOUT A WIDE RIGHT. NO ONE MENTIONED AN INFLATED BALL, BUT
THAT HAPPENED, TOO, IN FOOTBALL. AND I THINK THIS IS AN ARGUMENT TODAY
THAT WE'VE HEARD FOR THE LAST ALMOST FOUR HOURS THAT'S BEEN RELATIVELY
INFLATED. TO ACT AS IF THERE'S SOME OBJECTIVE HERE TO TAKE SOMEBODY'S
RIGHTS. AND THIS IS NOT THAT. THIS IS AN OPPORTUNITY TO GIVE VOTERS MORE
CHOICE, AND THAT'S EXACTLY WHAT WE'RE DOING HERE. AND SO I REALLY WANT
TO ENCOURAGE MY COLLEAGUES TO BE IN SUPPORT OF THIS LEGISLATION BECAUSE
I BELIEVE THAT IT IS THE RIGHT THING TO DO. AND IF, IN FACT, MR. SPEAKER, AS
WAS QUOTED BY FORMER PRESIDENT LINCOLN, THAT WE SOMEHOW HAD MADE
AN ERROR OR THAT THE VOTERS HAVE MADE AN ERROR AND THAT WE WILL BE ALL
BLISTERED AS A RESULT OF IT, I THINK THE FOLKS WILL BE LOOKING FOR THAT
BLISTER ON THE OTHER SIDE BECAUSE I THINK THIS IS THE RIGHT DECISION FOR US
TO BE DOING TODAY.
(PAUSE)
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
PAULIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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NYS ASSEMBLY MAY 2, 2022
ACTING SPEAKER AUBRY: THE CLERK WILL CALL
THE ROLL SLOWLY.
MR. ABBATE.
MR. ABINANTI.
MR. ANDERSON.
MR. ANGELINO.
MR. ANGELINO: I VOTE NO.
THE CLERK: MR. ASHBY.
MR. AUBRY.
MR. AUBRY: YES.
THE CLERK: YES.
MR. BARCLAY.
MR. BARCLAY: NO.
THE CLERK: MR. BARCLAY, NO.
MR. BARNWELL.
MRS. BARRETT.
MR. BENEDETTO.
MS. BICHOTTE HERMELYN.
MR. BLANKENBUSH.
MR. BLANKENBUSH: NO.
THE CLERK: MR. BLANKENBUSH, NO.
MR. BRABENEC.
MR. BRAUNSTEIN.
MR. BRAUNSTEIN: YES.
THE CLERK: YES.
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NYS ASSEMBLY MAY 2, 2022
MR. BRONSON.
MR. ERIC BROWN.
MR. E. BROWN: I VOTE NO.
THE CLERK: NO.
MR. KEITH BROWN.
MR. BURDICK.
MR. BURGOS.
MR. BURKE.
MS. BUTTENSCHON.
MR. BYRNE.
MS. BYRNES.
MR. CAHILL.
MR. CAHILL: YES.
THE CLERK: MR. CAHILL, YES.
MR. CARROLL.
MR. CARROLL: NO.
THE CLERK: MR. CARROLL, NO.
MS. CLARK.
MR. COLTON.
MR. CONRAD.
MRS. COOK.
MR. CONRAD: YES.
THE CLERK: MR. CONRAD, YES.
MRS. COOK.
MS. CRUZ.
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NYS ASSEMBLY MAY 2, 2022
MR. CUNNINGHAM.
MR. CUNNINGHAM: I AM -- I'M NOW UNMUTED?
MR. CUSICK.
MR. CYMBROWITZ.
MR. CYMBROWITZ: YES.
THE CLERK: MR. CYMBROWITZ, YES.
MS. DARLING.
MS. DAVILA.
MR. DE LOS SANTOS.
MR. DESTEFANO.
MR. DESTEFANO: NO.
THE CLERK: MR. DESTEFANO, NO.
MS. DICKENS.
MR. DILAN.
MR. DILAN: YES.
MR. DILAN, YES.
MR. DINOWITZ.
MR. DINOWITZ: YES.
THE CLERK: MR. DINOWITZ, YES.
MR. DIPIETRO.
MR. DIPIETRO: NO, MA'AM.
THE CLERK: MR. DIPIETRO, NO.
MR. DURSO.
MR. DURSO: NO.
THE CLERK: MR. DURSO, NO.
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NYS ASSEMBLY MAY 2, 2022
MR. DURSO: I KNOW, ON THE LEFT?
(LAUGHTER)
MR. EICHENSTEIN.
MR. ENGLEBRIGHT.
MR. EPSTEIN.
MR. EPSTEIN: NO.
THE CLERK: MR. EPSTEIN, NO.
MS. FAHY.
MS. FAHY: YES.
THE CLERK: MS. FAHY, YES.
MR. FALL.
MS. FERNANDEZ.
MS. FERNANDEZ: YES.
THE CLERK: MS. FERNANDEZ, YES.
MR. FITZPATRICK.
MR. FITZPATRICK: NO.
THE CLERK: MR. FITZPATRICK, NO.
MS. FORREST.
MS. FORREST: NO.
THE CLERK: MS. FORREST, NO.
MR. FRIEND.
MR. FRIEND: NO.
THE CLERK: MR. FRIEND, NO.
MS. FRONTUS.
MS. FRONTUS: NO.
97
NYS ASSEMBLY MAY 2, 2022
THE CLERK: MS. FRONTUS, NO.
MRS. GALEF.
MS. GALLAGHER.
MS. GALLAGHER: NO.
THE CLERK: MS. GALLAGHER, NO.
MR. GALLAHAN.
MR. GALLAHAN: NO.
THE CLERK: MR. GALLAHAN, NO.
MR. GANDOLFO.
MR. GANDOLFO: NO.
THE CLERK: MR. GANDOLFO, NO.
MR. GIBBS.
MR. GIBBS: YES.
THE CLERK: MR. GIBBS, YES.
MR. GIGLIO.
MR. GIGLIO: NO.
THE CLERK: MR. GIGLIO, NO.
MS. GIGLIO.
MS. GIGLIO: NO.
THE CLERK: MS. GIGLIO, NO.
MS. GLICK.
MS. GLICK: TO EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: TO EXPLAIN YOUR
VOTE?
MS. GLICK: I WOULD HAVE PREFERRED THAT THIS
98
NYS ASSEMBLY MAY 2, 2022
MEASURE DEAL WITH ALL KINDS OF CRISES THAT SOMEBODY MIGHT FACE. I
BELIEVE WE'VE MADE AN ADJUSTMENT IN DECLINING A NOMINATION FROM A
MINOR PARTY, SOMETHING THAT I WENT THROUGH AND WE DISCOVERED A
PROBLEM AND WE FIXED IT. I THINK THAT WE SHOULD FIX ALL THE PROBLEMS
THAT COULD PRESENT THEMSELVES, INCLUDING SOME SORT OF PERSONAL CRISIS
OF ANY TYPE. BUT I AM AMUSED BY FOLKS ON THE OTHER SIDE WHO HAVE
SAID THAT, YOU KNOW, WE DON'T WANT TO DEFY THE WILL OF THE PEOPLE WHEN
THEIR NATIONAL LEADER OF THEIR PARTY SINCE 2020 HAS REFUSED TO ACCEPT THE
WILL OF THE PEOPLE.
SO I AM HAPPY TO VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
AFFIRMATIVE.
THE CLERK: MS. GLICK, YES.
MS. GONZÁLEZ-ROJAS.
MS. GONZÁLEZ-ROJAS: TO EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: TO EXPLAIN YOUR VOTE.
MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.
THE BILL BEFORE US TODAY IS A RESULT OF ONLY ONE THING: THE DESIRE OF THE
GOVERNOR TO CHANGE THE RULES AND RESULTS OF THIS ELECTION TO BENEFIT HER
AGENDA MIDWAY. IT IS DISAPPOINTING. OUR CONSTITUENTS TRUSTED OUR
STATE'S LEADER TO DO HER BEST TO SCREEN AND VET THE LIEUTENANT GOVERNOR
WHO ASSUMED TREMENDOUS RESPONSIBILITY. THERE ARE CONSEQUENCES TO
ALL CHOICES. BUT I WANT TO BE CLEAR ABOUT A FEW THINGS. I DO WANT OUR
EXECUTIVE TO SUCCEED IN RUNNING OUR STATE. I DO WANT VOTERS TO GO TO
THE BALLOT AND SEE ON THEIR BALLOT THE REALITY OF THEIR CURRENT
99
NYS ASSEMBLY MAY 2, 2022
CIRCUMSTANCES. AND I WANT THEM TO HAVE REAL CHOICES. AND THEY DO.
VOTERS HAVE TWO CANDIDATES THAT THEY CAN VOTE FOR FOR THE LIEUTENANT
GOVERNOR. TWO CANDIDATES WHO DID THE HARD WORK IN GARNERING OVER
15,000 SIGNATURES ACROSS THE STATE TO SECURE THEIR POSITION ON THE BALLOT
AS PER NEW YORK STATE ELECTION LAW. THE DECISION SHOULD NOW SOLELY
LIE WITH THE VOTERS. IF WE WEREN'T CURRENTLY IN THE MIDDLE OF AN ELECTION
I WOULD BE VOTING IN FAVOR OF THIS BILL BECAUSE WE SHOULD REMEDY THE
FLAWS IN OUR ELECTION PROCESS. BUT I SUPPORT FAIR ELECTIONS, AND THAT IS
NOT WHAT THE OUTCOME OF THIS LEGISLATION WILL BE.
WHILE I COMMEND THE SPONSOR FOR HER INTENT TO FIX THE
WRONGS OF AN ARCHAIC ELECTION LAW, I CANNOT VOTE FOR THIS BILL AT THIS
MOMENT. SO I VOTE NO.
ACTING SPEAKER AUBRY: MS. GONZÁLEZ-ROJAS
IN THE NEGATIVE.
THE CLERK: MR. GOODELL.
MR. GOODELL: NO.
THE CLERK: MR. GOODELL, NO.
MR. GOTTFRIED.
MR. GOTTFRIED: YES.
THE CLERK: MR. GOTTFRIED, YES.
MRS. GRIFFIN.
MRS. GRIFFIN: YES.
THE CLERK: MRS. GRIFFIN, YES.
MRS. GUNTHER.
MRS. GUNTHER: NO.
100
NYS ASSEMBLY MAY 2, 2022
THE CLERK: MRS. GUNTHER, NO.
MR. HAWLEY.
MR. HAWLEY: ABSOLUTELY NO.
THE CLERK: MR. HAWLEY, NO.
MR. HEVESI.
MS. HUNTER.
MS. HUNTER: YES.
THE CLERK: MS. HUNTER, YES.
MS. HYNDMAN.
MS. HYNDMAN: YES.
THE CLERK: MS. HYNDMAN, YES.
MR. JACOBSON.
MR. JACOBSON: YES.
THE CLERK: MR. JACOBSON, YES.
MS. JACKSON.
MS. JACKSON: YES.
THE CLERK: MS. JACKSON, YES.
MS. JEAN-PIERRE.
MS. JEAN-PIERRE: YES.
THE CLERK: MS. JEAN-PIERRE, YES.
MR. JENSEN.
MR. JENSEN: NO.
THE CLERK: MR. JENSEN, NO.
MR. JONES.
MR. JONES: YES.
101
NYS ASSEMBLY MAY 2, 2022
THE CLERK: MR. JONES, YES.
MS. JOYNER.
MS. KELLES.
MS. KELLES: YES.
THE CLERK: MS. KELLES, YES.
MR. KIM.
MR. KIM: NO.
THE CLERK: MR. KIM, NO.
MR. LALOR.
MR. LALOR: NO.
THE CLERK: MR. LALOR, NO.
MR. LAVINE.
MR. LAVINE: YES.
THE CLERK: MR. LAVINE, YES.
MR. LAWLER.
MR. LAWLER: NO.
THE CLERK: MR. LAWLER, NO.
MR. LEMONDES.
MR. LEMONDES: NO.
THE CLERK: MR. LEMONDES, NO.
MS. LUCAS.
MS. LUCAS: YES.
THE CLERK: MS. LUCAS, YES.
MS. LUNSFORD.
MS. LUNSFORD: YES.
102
NYS ASSEMBLY MAY 2, 2022
THE CLERK: MS. LUNSFORD, YES.
MS. LUPARDO.
MS. LUPARDO: YES.
THE CLERK: MS. LUPARDO, YES.
MR. MAGNARELLI.
MR. MAGNARELLI: YES.
THE CLERK: MR. MAGNARELLI, YES.
MR. MANKTELOW.
MR. MCDONALD.
MR. MCDONALD: YES.
THE CLERK: MR. MCDONALD, YES.
MR. MCDONOUGH.
MR. MCDONOUGH: MCDONOUGH, NO.
THE CLERK: MR. MCDONOUGH, NO.
MS. MCMAHON.
MS. MCMAHON: YES.
THE CLERK: MS. MCMAHON, YES.
MR. MEEKS.
MR. MEEKS: YES.
THE CLERK: MR. MEEKS, YES.
MR. MIKULIN.
MR. MIKULIN: NO.
THE CLERK: MR. MIKULIN, NO.
MR. MILLER.
MR. MILLER: NO.
103
NYS ASSEMBLY MAY 2, 2022
THE CLERK: MR. MILLER, NO.
MS. MITAYNES.
MS. MITAYNES: MITAYNES IS A NO.
THE CLERK: MS. MITAYNES, NO.
MR. MONTESANO.
MR. MORINELLO.
MR. MORINELLO: NO.
THE CLERK: MR. MORINELLO IS A NO.
MR. MONTESANO: MONTESANO IS A NO.
THE CLERK: MR. MONTESANO IS A NO.
MS. NIOU.
MS. NIOU: NO.
THE CLERK: MS. NIOU, NO.
MS. NOLAN.
MS. NOLAN: YES.
THE CLERK: MS. NOLAN, YES.
MR. NORRIS.
MR. NORRIS: NO.
THE CLERK: MR. NORRIS, NO.
MR. O'DONNELL.
MR. OTIS.
MR. OTIS: I VOTE YES.
THE CLERK: MR. OTIS, YES.
MR. PALMESANO.
MR. PALMESANO: NO.
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NYS ASSEMBLY MAY 2, 2022
THE CLERK: MR. PALMESANO, NO.
MS. PAULIN.
MS. PAULIN: YES.
THE CLERK: MS. PAULIN, YES.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: YES.
THE CLERK: MRS. PEOPLES-STOKES, YES.
MS. PHEFFER AMATO.
MS. PHEFFER AMATO: YES.
THE CLERK: MS. PHEFFER AMATO, YES.
MR. PRETLOW.
MR. PRETLOW: YES.
THE CLERK: MR. PRETLOW, YES.
MR. QUART.
MR. RA.
MR. RA: NO.
THE CLERK: MR. RA, NO.
MS. RAJKUMAR.
MS. RAJKUMAR: I VOTE YES.
THE CLERK: MS. RAJKUMAR, YES.
MR. RAMOS.
MR. REILLY.
MR. REILLY: NO.
THE CLERK: MR. REILLY, NO.
MS. REYES.
105
NYS ASSEMBLY MAY 2, 2022
MR. JONATHAN RIVERA.
MR. JONATHAN RIVERA: YES.
THE CLERK: MR. RIVERA, YES.
MR. JOSÉ RIVERA.
(PAUSE)
MR. JOSÉ RIVERA?
MR. JOSÉ RIVERA: YES.
THE CLERK: MR. JOSÉ RIVERA, YES.
MR. DANIEL ROSENTHAL.
MR. DANIEL ROSENTHAL: YES.
THE CLERK: MR. ROSENTHAL, YES.
MISS -- MS. ROSENTHAL.
MS. ROSENTHAL: YES.
THE CLERK: MS. ROSENTHAL, YES.
MS. ROZIC.
MS. ROZIC: YES.
THE CLERK: MS. ROZIC, YES.
MR. SALKA.
MR. SANTABARBARA.
MR. SANTABARBARA: NO.
THE CLERK: MR. SANTABARBARA, NO.
MR. SAYEGH.
MR. SAYEGH: YES.
THE CLERK: MR. SAYEGH, YES.
MR. SCHMITT.
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NYS ASSEMBLY MAY 2, 2022
MR. SCHMITT: NO.
THE CLERK: MR. SCHMITT, NO.
MS. SEAWRIGHT.
MS. SEAWRIGHT: YES.
THE CLERK: MS. SEAWRIGHT, YES.
(PAUSE)
MR. ABINANTI: THIS IS ASSEMBLYMAN ABINANTI.
I'D LIKE TO VOTE IN THE AFFIRMATIVE.
MS. BYRNES: ASSEMBLYWOMAN MARGE BYRNES
WANTS TO VOTE IN THE NEGATIVE.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF
COLLEAGUES THAT ARE NOT IN THE CHAMBERS COULD BE PATIENT. IF YOUR
NAME WAS ALREADY CALLED AND YOU DIDN'T RESPOND, THE CLERK WILL GET
BACK TO YOU. IN FACT, IF YOU ARE IN THE CAPITOL WHY DON'T YOU MAKE
YOUR WAY OVER TO THE CHAMBERS AND YOU CAN VOTE?
ACTING SPEAKER AUBRY: AGAIN, IF YOU ARE IN
ALBANY IN YOUR OFFICES YOU MUST COME TO THE CHAMBER TO VOTE EVEN IF
YOU VOTED ALREADY BY ZOOM. WE NEED YOU PHYSICALLY TO COME HERE
AND VOTE. THANK YOU.
YOU CAN CONTINUE WITH THE ROLL CALL.
THE CLERK: MS. SEPTIMO.
MS. SILLITTI.
MS. SILLITTI: YES.
THE CLERK: MS. SILLITTI, YES.
MS. SIMON.
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NYS ASSEMBLY MAY 2, 2022
MS. SIMON: YES.
THE CLERK: MS. SIMON, YES.
MR. SIMPSON.
MR. SMITH.
MR. SMITH: NO.
THE CLERK: MR. SMITH, NO.
MR. SMULLEN.
MR. SMULLEN: I VOTE NO.
THE CLERK: MR. SMULLEN, NO.
MS. SOLAGES.
MS. SOLAGES: I VOTE NO.
THE CLERK: MS. SOLAGES, NO.
MR. STECK.
MR. STECK: YES.
THE CLERK: MR. STECK, YES.
MR. STERN.
MR. STERN?
MR. STERN: YES.
THE CLERK: MR. STERN, YES.
MR. STIRPE.
MR. STIRPE: YES.
THE CLERK: MR. STIRPE, YES.
MR. TAGUE.
MR. TAGUE: MADAM CLERK, CHRIS TAGUE VOTES NO.
THE CLERK: MR. TAGUE, NO.
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NYS ASSEMBLY MAY 2, 2022
(PAUSE)
MR. TANNOUSIS.
MR. TANNOUSIS: NO.
THE CLERK: MR. TANNOUSIS, NO.
MS. TAPIA.
MS. TAPIA: YES.
THE CLERK: MS. TAPIA, YES.
MR. TAYLOR.
MR. THIELE.
MR. THIELE: YES.
THE CLERK: MR. THIELE, YES.
MR. VANEL.
MR. VANEL: NO.
THE CLERK: MR. VANEL, NO.
MR. WALCZYK.
MR. WALCZYK: NO.
THE CLERK: MR. WALCZYK, NO.
MS. WALKER.
MS. WALKER: YES.
THE CLERK: MS. WALKER, YES.
MS. WALLACE.
MS. WALLACE: YES.
THE CLERK: MS. WALLACE, YES.
MS. WALSH.
MS. WALSH: MS. WALSH, NO.
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NYS ASSEMBLY MAY 2, 2022
THE CLERK: MS. WALSH, NO.
MS. WEINSTEIN.
MS. WEINSTEIN: YES.
THE CLERK: MS. WEINSTEIN, YES.
MR. WEPRIN.
MR. WEPRIN: MR. WEPRIN, YES.
THE CLERK: MR. WEPRIN, YES.
MRS. WILLIAMS.
MRS. WILLIAMS: YES.
MS. WOERNER.
MS. WOERNER: YES.
THE CLERK: MS. WOERNER, YES.
MR. ZEBROWSKI.
MR. ZEBROWSKI: YES.
THE CLERK: MR. ZEBROWSKI, YES.
MS. ZINERMAN.
MS. ZINERMAN: I VOTE YES.
THE CLERK: MR. SPEAKER.
YES.
(PAUSE)
ACTING SPEAKER AUBRY: MEMBERS WILL TAKE
THEIR SEATS AND MAINTAIN SOME QUIET. THE CLERK WILL CONTINUE THE ROLL
CALL.
THE CLERK: MR. ABBATE.
MR. ABBATE: YES.
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NYS ASSEMBLY MAY 2, 2022
THE CLERK: MR. ABBATE, YES.
MR. ABINANTI.
MR. ABINANTI: AYE.
THE CLERK: MR. ABINANTI, YES.
MR. ANDERSON.
MRS. BARRETT.
MRS. BARRETT: YES.
THE CLERK: MRS. BARRETT, YES.
MR. BENEDETTO.
MR. BENEDETTO: YES.
THE CLERK: MR. BENEDETTO, YES.
MR. BRONSON.
MR. BRONSON: YES.
THE CLERK: MR. BRONSON, YES.
EXCUSE ME, MR. BRABENEC.
MR. BRABENEC: MR. SPEAKER, I PROUDLY VOTE IN
(INAUDIBLE) PROCESS. I VOTE NO.
THE CLERK: MR. BRABENEC, NO.
MR. KEITH BROWN.
MR. BURDICK.
MR. KEITH BROWN: MR. BROWN --
ASSEMBLYMEMBER KEITH BROWN VOTES NO.
THE CLERK: MR. BROWN, NO.
MR. BURDICK.
MR. BURDICK: YES.
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NYS ASSEMBLY MAY 2, 2022
THE CLERK: MR. BURDICK, YES.
MR. BURGOS.
MR. BURGOS: YES.
THE CLERK: MR. BURGOS, YES.
MR. BURKE.
MR. BURKE: NO.
THE CLERK: MR. BURKE, NO.
MS. BUTTENSCHON.
MS. BUTTENSCHON: BUTTENSCHON, NO.
THE CLERK: MS. BUTTENSCHON, NO.
MR. BYRNE.
MR. BYRNE: NO.
THE CLERK: MR. BYRNE, NO.
MS. BYRNES.
MS. BYRNES: ABSOLUTELY NO.
THE CLERK: MS. BYRNES, NO.
MS. CLARK.
MS. CLARK: YES.
THE CLERK: MS. CLARK, YES.
MR. COLTON.
MR. COLTON: YES.
THE CLERK: MR. COLTON, YES.
MRS. COOK.
MS. CRUZ.
MS. CRUZ: YES.
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NYS ASSEMBLY MAY 2, 2022
THE CLERK: MS. CRUZ, YES.
MR. CUNNINGHAM.
MR. CUNNINGHAM: YES.
THE CLERK: MR. CUNNINGHAM, YES.
MR. CUSICK.
MR. CUSICK: YES.
THE CLERK: MR. CUSICK, YES.
MS. DARLING.
MS. DARLING: YES.
THE CLERK: MS. DARLING, YES.
MS. DAVILA.
MR. DEL LOS SANTOS.
MR. DEL LOS SANTOS: I VOTE SI. YES.
THE CLERK: MR. DEL LOS SANTOS, YES.
MS. DICKENS.
MR. EICHENSTEIN.
MR. EICHENSTEIN: YES.
THE CLERK: MR. EICHENSTEIN, YES.
MR. ENGLEBRIGHT.
MR. ENGLEBRIGHT: YES.
THE CLERK: MR. ENGLEBRIGHT, YES.
MRS. GALEF.
MRS. GALEF: YES.
THE CLERK: MRS. GALEF, YES.
MR. HEVESI.
113
NYS ASSEMBLY MAY 2, 2022
MR. HEVESI: YES.
THE CLERK: MR. HEVESI, YES.
MS. JOYNER.
MR. DINOWITZ.
MR. DINOWITZ: YES.
THE CLERK: MR. DINOWITZ IS A YES.
MR. MANKTELOW.
MR. MANKTELOW: NO.
THE CLERK: MR. MANKTELOW, NO.
MR. O'DONNELL.
MR. O'DONNELL: DANNY O'DONNELL HERE VOTING
YES.
THE CLERK: MR. -- MR. O'DONNELL, YES? YES.
MS. REYES.
YES.
MR. SALKA.
MR. SALKA: I VOTE NO.
THE CLERK: MR. SALKA, NO.
MS. SEPTIMO.
MS. SEPTIMO: NO.
THE CLERK: MS. SEPTIMO, NO.
MR. SIMPSON.
MR. SIMPSON: NO.
THE CLERK: MR. SIMPSON, NO.
MR. TAYLOR.
114
NYS ASSEMBLY MAY 2, 2022
MR. TAYLOR: YES.
THE CLERK: MR. TAYLOR, YES.
MRS. WILLIAMS.
MRS. WILLIAMS: YES.
THE CLERK: MRS. WILLIAMS, YES.
MS. BICHOTTE HERMELYN.
MS. BICHOTTE HERMELYN: YES.
THE CLERK: MS. BICHOTTE HERMELYN, YES.
MR. ASHBY.
MR. ASHBY: NO.
THE CLERK: MR. ASHBY, NO.
MR. BARNWELL.
MR. BARNWELL: YES.
THE CLERK: MR. BARNWELL, YES.
MS. DICKENS.
MS. DICKENS: YES.
THE CLERK: MS. DICKENS, YES.
MRS. COOK.
MRS. COOK: AND UNMUTE THIS DAMN THING.
(LAUGHTER - APPLAUSE)
YES.
THE CLERK: MRS. COOK IS A YES.
(LAUGHTER)
MS. JOYNER.
MR. K. LALOR.
115
NYS ASSEMBLY MAY 2, 2022
MR. LALOR: NO.
MR. RAMOS.
MR. STECK.
MR. STECK: YES.
THE CLERK: MR. STECK, YES.
MS. JOYNER.
MS. JOYNER: YES.
THE CLERK: MS. JOYNER, YES.
(PAUSE)
MS. JEAN-PIERRE.
MS. JEAN-PIERRE: YES.
THE CLERK: MS. JEAN-PIERRE IS A YES.
(PAUSE)
MS. ZINERMAN.
MS. ZINERMAN?
THE CLERK: MS. ZINERMAN IS A YES.
(PAUSE)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
116
NYS ASSEMBLY MAY 2, 2022
ACTING SPEAKER AUBRY: WE CERTAINLY HAVE A
PIECE OF HOUSEKEEPING.
ON A MOTION BY MR. ABINANTI, PAGE 38, CALENDAR NO.
297, BILL NO. 8486-A, I MOVE THE BILL -- AMEND THE BILL BY RESTORING IT
TO ITS ORIGINAL NUMBER OF 8486.
NUMEROUS FINE RESOLUTIONS, WE'LL TAKE UP WITH ONE
VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 791-797
WERE UNANIMOUSLY ADOPTED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
THAT THE ASSEMBLY STAND ADJOURNED UNTIL 1:30 P.M., TUESDAY, MAY THE
3RD, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 7:26 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL TUESDAY, MAY 3RD AT 1:30 P.M., THAT BEING A SESSION
DAY.)
117