by Robert Hornak
It’s almost two weeks since Mayor Eric Adams was indicted, and NYC’s future couldn’t be murkier. Right on cue, the calls for Adams to resign was immediate. No due process required. AOC and her gang of far-left radicals, who never found Adams sufficiently far left enough, lead the charge along with people like Brad Lander and Scott Stringer who covet the office Adams now holds. Ulterior motives abound.
Some are defending Adams and his right to due process, led by Adams allies Hazel Dukes from the NAACP and Al Sharpton, no stranger to corruption charges himself. Now Rep. Hakeem Jeffries, the top House Democrat, has come out on Adams behalf.
Meanwhile, Adams has been defiant, proclaiming his innocence. So, if Adams refuses to resign, what happens next?
There are many possibilities. First, Gov. Hochul has the power to remove him according to chapter 1, section 9 of the City Charter, and as affirmed in 1932 by the court when FDR explored using it to remove Jimmy Walker. However, it’s unclear if Hochul wants to risk the backlash from Black Democrats.
It’s also unlikely that the Democrats want to trigger a very unpredictable special election to replace Adams. The same goes for the Inability Committee provided for by the charter, consisting of five people, only one of whom would be appointed by someone who has called for Adams to resign. And it’s unlikely that Brad Lander would want next in line Jumaane Williams – who wasn’t even considering running for mayor next year – to become acting Mayor, giving him the chance to act mayoral for the non-partisan special election.
A special election also opens the door for many wildcard candidates, including Andrew Cuomo, who has expressed interest in running in a special election knowing that his chances are far worse in the June partisan primary. Some members of the City Council may also get in on the action, wanting a platform for their issues or just to enhance their name ID, but can then still run for re-election to their council seat.
However, should Adams hold on into the new year the opportunity for a special election runs out. The charter prohibits a special election once it gets within 90 days of the regularly scheduled primary, which would occur in late March – right in the middle of petitioning for anyone looking to run for the full four-year term. That makes petitioning for a seat like Public Advocate very messy, inviting people to jump into that race as well.
Democrats who need to make decisions on what office to run for next year will want a potential special election to be held by early February, which will require Adams removal no later than early December. Who wins that special will determine what November race they petition for later that month.
There is no easy or clear path forward. Adams lawyers could negotiate a plea bargain sometime next year that would require him to plead guilty and resign, and we get an acting mayor, either Williams or Lander, until the end of the year. The only thing certain is that the timing of this has made a bad situation worse, nothing that anyone could have wanted.
Robert Hornak is a professional political consultant who has previously served as the Deputy Director of the Republican Assembly Leader’s NYC office and as Executive Director of the Queens Republican Party.