Gov. Kathy Hochul’s decision to pick Brian Benjamin as lieutenant governor has left Democratic state lawmakers in New York “scrambling” to push a measure that could boot the former second-in-command off the ballot in the upcoming primary following his resignation prompted by his indictment for alleged participation in a campaign finance scam.

Assemblywoman Amy Paulin told her colleagues on Wednesday that she will “soon be introducing legislation to allow a candidate for office to decline their party’s designation or nomination, and be removed from the ballot, if they are charged with a crime.” 

“A candidate who is charged with a crime prior to the election should be permitted to voluntarily decline the party’s designation or nomination and withdraw their name from the ballot to allow a new candidate to be selected,” Paulin (D-Westchester) argued in an email to Democratic and Republican members of the state Assembly.

Paulin told The Post that members of the legislature are seeking to pass the bill by the beginning of May, since state election law bars rules changes 53 days prior to the elections. This year’s Democratic primary falls on June 28.

“If we could get it done very quickly, it could address the current quagmire that we’re in,” she told The Post Thursday. “If we can’t hit that deadline, it should be for future elections.”

John Conklin, a spokesperson for the state Board of Elections, said, “Without additional re-writes to the law, which the Legislature can do any time it wants, the statute requires SBOE to certify the statewide primary ballot on May 4 and the CBOE’s to certify the local primary ballot by May 5.” 

Paulin said that she will on Friday formally introduce the proposal, which applies to all elected offices in the Empire State, and that state Sens. Liz Krueger and Brian Kavanagh have expressed interest in sponsoring the measure in the upper chamber.

Despite Benjamin stepping down Tuesday, he is likely still going to be on the ballot on June 28 because he was nominated alongside Hochul at February’s New York Democratic Party convention, and election laws would only allow the 45-year-old Harlem resident to be kicked off the ballot by moving out of state, dying or running for another elected office.

While Hochul is now able to choose a different lieutenant governor for the interim, the potential selection wouldn’t be able to get on the ballot unless state lawmakers amend the current rules.

The bill is part of a desperate Democratic effort to yank the scandal-scarred Benjamin from their ballot to avoid the “disaster” outcome of Hochul being tainted by association during November’s general election, explained a veteran Democratic strategist.

“The Democrats are scrambling to clean up the corruption they made by fixing the law, so frankly it will not look like a fix; it will look like more corruption,” said Hank Sheinkopf.

“The Democrats’ argument is: we have to erase him from existence and get him off the ballot so people forget. Either way, it looks terrible for Democrats — but it’s worse if he’s on the ballot.

He added: “Should he win [the Democratic primary], it would be a disaster for Democrats.”

In response to Paulin’s proposal, Republican Assemblyman Mike Lawler declared that the Democratic governor should be forced to face the heat for picking Benjamin — who Hochul chose last year as her second-in-command following a “rushed” vetting process during which her team missed “red flags.”

“Amy, you know I think very highly of you, but I cannot support this effort. Governor Hochul chose poorly and should have to live with the consequences,” he wrote in the email chain.

Lawler (R-Rockland County) is introducing his own bill that would require the legislature to approve the governor’s lieutenant governor choice via a confirmation hearing. 

But Assemblyman Chris Burdick (D-Bedford) came to the defense of the fellow rep from Westchester, labeling New York State’s election regulations “ridiculously restrictive.”

“The New York Times characterized the law as ‘antiquated,’” he wrote privately in response to Lawler. “It is ridiculously restrictive.”

“The current law is antiquated and it doesn’t allow voters to vote for someone who would be their elected official,” Paul told The Post, echoing Burdick. “If we let people stay on the ballot who don’t intend to serve – because they’re addressing their criminal indictment –  that’s not fair to voters.”

She added that the Benjamin predicament is “not the first time nor will it be the last where we see a circumstance where someone can’t serve for one way or another,” and that her bill would apply to situations in which a candidate becomes ill.

Paulin also insisted neither Hochul nor New York Democratic Party Chairman Jay Jacobs asked her to push the bill.

The head of New York’s Republican Party on Thursday accused Hochul of “colluding with the Democrat legislature to sweep their corruption under the rug.”

“This legislation is a gross abuse of power that is trying to rig the system and cheat their lawful opponents,” GOP Chairman Nick Langworthy said in a statement.

“Not only did they let another dirty politician escape impeachment, but they are now working to rewrite the law to try and save Kathy Hochul’s political career, rather than face the consequences of their actions with the voters.”

Polls conducted before Benjamin’s indictment show Hochul easily fending off a Democratic primary field without disgraced ex-Gov. Andrew Cuomo, who will now not be on the ballot for the contest in June, and a narrow lead over Republican primary front runner Rep. Lee Zeldin.  

Along with the option of passing legislation allowing for Hochul to choose a new running mate with a Benjamin-free ballot, a state Democratic Party source told The Post Wednesday that party officials were considering the option of Benjamin decamping to Northern Georgia or Eastern Virginia, where he was granted permission to travel after being released from custody on a $250,000 bond.

That would disqualify Benjamin, since he wouldn’t meet the state’s residency requirements.

Reps for Hochul and Assembly Speaker Carl Heastie (D-The Bronx) did not immediately respond to a request for comment.

The debate between lawmakers came a day after Benjamin — a former state senator representing parts of Harlem — surrendered to federal authorities Tuesday morning to face bribery conspiracy charges tied to an alleged campaign finance scheme that the Manhattan U.S. attorney labeled “a simple story of corruption.” 

The scandal-scarred former lawmaker is accused of directing a $50,000 state grant to a nonprofit organization controlled by a real-estate developer and in return reaping tens of thousands of dollars worth of campaign contributions for his 2021 city comptroller primary campaign, where he came in fourth place.  

Hochul — who selected Benjamin in August shortly after taking office following Cuomo’s resignation — announced her running mate’s resignation late Tuesday afternoon.

To replace Benjamin, The Post reported Wednesday that Hochul’s team is suggesting she consider state Sen. Jamaal Bailey (D-Bronx), Assemblywoman Karines Reyes (D-Bronx), Assemblywoman Catalina Cruz (D-Queens), and state Sen. Leroy Comrie (D-Queens) – all black or Latina state lawmakers who represent parts of the Big Apple. 

If Democratic lawmakers are unable to get Benjamin off the ballot when voters head to the polls in November, whomever Hochul chooses to be her new No. 2 would be temporary, since a new lieutenant governor would be elected and take office Jan. 1.

Former City Councilwoman Diana Reyna, the running mate of outgoing Rep. Tom Suozzi (D-Long Island), and left-wing activist Ana Maria Archila, who is teaming up with Democratic gubernatorial contender and Public Advocate Jumaane Williams, will be two of the other lieutenant governor hopefuls who Democratic voters will have to choose from when they head to the polls in June.

On Wednesday, Hochul and Reyna both brushed aside the “rumors” of the pair partnering.