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

                                          1



                    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.

                                          3



                    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.

                                          4



                    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.

                                         44



                    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

                                         45



                    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.

                                         46



                    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

                                         47



                    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

                                         48



                    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?

                                         50



                    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.

                                         53



                    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.

                                         59



                    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

                                         60



                    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

                                         61



                    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

                                         62



                    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

                                         63



                    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

                                         64



                    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.

                                         65



                    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.

                                         66



                    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

                                         67



                    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

                                         68



                    NYS ASSEMBLY                                                           MAY 2, 2022

                    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

                                         69



                    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

                                         70



                    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

                                         71



                    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

                                         72



                    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

                                         73



                    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

                                         74



                    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

                                         75



                    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.

                                         76



                    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

                                         77



                    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

                                         78



                    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

                                         79



                    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

                                         80



                    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

                                         81



                    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

                                         82



                    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

                                         83



                    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.

                                         84



                    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

                                         85



                    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

                                         86



                    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

                                         87



                    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,

                                         89



                    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,

                                         90



                    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?

                                         91



                    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

                                         92



                    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.

                                         93



                    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.

                                         94



                    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.

                                         95



                    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.

                                         96



                    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.

                                         104



                    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.

                                         106



                    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.

                                         107



                    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.

                                         108



                    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.

                                         109



                    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.

                                         110



                    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.

                                         111



                    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.

                                         112



                    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.

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                    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.)











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