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Gov. Kathy Hochul looks to change law and replace former Lt. Gov. Brian Benjamin as running mate

Hochul seeking changes to replace Benjamin on ballot 00:23

ALBANY, N.Y. -- Gov. Kathy Hochul says she wants Albany to change the law so she can replace former Lt. Gov. Brian Benjamin as her running mate on the ballot for governor

Hochul said Tuesday she has spoken with legislative leaders about the issue.

"I would like the Legislature to do that and pass legislation that corrects what is really a strange part of our law that does not allow the removal of someone who is under indictment or in other circumstances someone who has a terminal illness maybe. I mean, the law is the law until it's changed," Hochul said.

New York State Senate Majority Leader Andrea Stewart Cousins confirmed the governor called her Monday night to discuss the change.

Benjamin resigned as lieutenant governor earlier this month after he was indicted on federal bribery and conspiracy charges.

WEB EXTRARead the indictment

"I have accepted Brian Benjamin's resignation effective immediately," Hochul said two weeks ago. "While the legal process plays out, it is clear to both of us that he cannot continue to serve as lieutenant governor. New Yorkers deserve absolute confidence in their government, and I will continue working every day to deliver for them."

As CBS2's Marcia Kramer reported, the federal indictment not only charged the former Harlem state senator with participating in an alleged campaign donation shakedown, but also with filing false vetting forms when he was under consideration for the number two job in the state.

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