The reported indictment of New York City Mayor Eric Adams could have a knock-on effect on how New York hands out its Electoral College votes in November.
The criminal investigation into the mayor may result in his being replaced as one of the state’s 28 Democratic presidential electors.
Adams was indicted on federal criminal charges on Wednesday over alleged corruption allegations, reported The New York Times. The indictment remained sealed and it is unclear what charges the Democrat faces.
There have also been suggestions on X that Adams may act as a “faithless” elector by purposely not casting his vote for Kamala Harris in response to the federal investigation into him.
“Nightmare scenario unleashed is a 270-268 electoral college and Eric Adams faithless elector to 269-269,” posted Joel Wertheimer, civil rights attorney and former associate staff secretary for Barack Obama.
But Gavin Bena, who is among the 10 Democratic slate of presidential electors in Missouri, said replacing Adams in the New York electoral college “won’t cost Harris any votes.”
Newsweek contacted Adams’ office for comment via email.
The indictment means Adams, who is seeking reelection next year, will become the first New York City mayor to face federal charges while in office.
In a video statement, Adams said that any charges against him will be “entirely false, based on lies.” Adams also vowed to remain in office while he fights the allegations.
Harris is expected to retain the Democratic stronghold in November. The latest Siena College poll conducted September 11 – 16 among 1,003 likely voters showed the vice president with a 13-point lead over Donald Trump in New York (55 percent to 42).
There is a process in place to ensure New York still hands out 28 electoral votes, even if Adams is unable to carry out his duties. Each Electoral College vote looks to be crucial in the neck-and-neck race between Harris and Trump.
Bena said that if Adams cannot act as a presidential elector, then the remaining 27 New York electors will choose his replacement.
“It’s not great, but it won’t cost Harris any votes,” Bena posted on X, formerly Twitter.
The Department of Justice is currently under control of the Biden administration.
During his recorded statement, Adams hit out at the federal government, accusing it of having done “nothing as its broken immigration policies overloaded our shelter system with no relief.”
However, in September 2023, New York Governor Kathy Hochul signed a series of bills into law to strengthen the democratic process in the state.
This includes prohibiting “faithless electors” from impacting the outcome of a presidential election by not giving their vote to the presidential candidate who receives the most votes.
Anyone found casting their electoral vote for a candidate who did not win the highest number of votes will be forced to resign.
There has been no indication that Adams intends to act as a faithless elector.
Before reports of the indictment arrived, Adams had already faced calls from members of his party to resign amid the federal corruption investigations involving his administration.
In his statement, Adams said: “If I’m charged, I know I’m innocent, I will request an immediate trial so the New Yorkers can hear the truth.
“If I am charged, many may say I should resign because I cannot manage the city while fighting the case. I can also understand everyday New Yorkers will be concerned that I cannot do my job while I face accusation.
“But I have been facing these lies for months, since I began to speak out for all of you, and their investigation started. Yet, the city has continued to improve.”
U.S. Attorney for the Southern District of New York Damian Williams is expected to make the charges against Adams public today.
