ALBANY — Republican congressional candidate Robert Smullen, dismissing his 2018 arrest for tax evasion as political prosecution, likened himself to President Donald Trump.
“Just like President Trump was prosecuted by law enforcement for his taxes … the system was weaponized against me in my primary campaign (for Assembly) in 2018,” said Smullen, who is running against Amsterdam businessman Anthony Constantino in a primary for the Republican nomination in the 21st Congressional District.
Smullen was arrested in 2018 on a felony charge for registering for a veterans’ property tax abatement on two separate properties when only one is allowed, according to news reports at the time.
“To be clear, it’s categorically false and defamatory to say that I was arrested for tax fraud. It actually was a mistake on some paperwork,” Smullen, a state assemblymember from Johnstown, said in a debate Thursday televised live on WRGB 6 in Albany.
“The case, who was brought by a Democrat district attorney, was actually sent back down to town court and settled as a violation, just like a parking ticket.”
The issue surfaced in the debate during a discussion of Smullen’s endorsements from 12 of the 15 county Republican committees in the district.
The other three county committees have not held endorsement votes.
“Bob’s known these people his whole life. I’m an outsider,” said Constantino, who Trump has endorsed. “He’s (Smullen) been a politician. He has known these people and been going to dinners and eating boiled ham and chicken and whatever they do.”
Smullen countered that Constantino associates with unsavory characters.
“This is from somebody who has had an accused murderer on his staff, from somebody who has a child predator that is actually working on his campaign that’s been going out and getting signatures … So the company that you keep is interesting,” Smullen said.
Constantio said one of the individuals Smullen referred to worked for the campaign for about a week and was fired for poor performance before Constantino learned of the murder charge.
“These are absurd smears,” Constantino chided. “The only person here right now who has been arrested for a felony is my opponent. He’s been arrested for felony tax fraud for lying, trying to defraud the citizens out of taxpayer money.”
Smullen said the 2018 arrest was not relevant in the congressional campaign, as evidenced by his winning the 2018 Assembly primary and general elections and being re-elected unopposed in 2020, 2022 and 2024.
“It’s a non-issue,” Smullen said. “It has been for years. It is politics at its worst. It’s mudslinging.”
Constantino and Smullen are running in the Republican primary for the seat that is open because six-term incumbent Rep. Elise Stefanik (R-Schuylerville) is not seeking reelection.
Smullen already has the Conservative nomination.
Constantino had previously refused to debate Smullen but, at the last minute, reneged. He said his mother was among those who urged him to reconsider his refusal to debate.
Smullen, who wore a necktie with the U.S. Marine Corps insignia, repeatedly touted his 24-year career in the Marines, which included four combat tours in Afghanistan.
“Send a Marine to Washington to implement that (Trump) agenda, and you won’t go wrong,” he said.
Constantino repeatedly touted his business experience.
“I’m a businessman. I actually have a track record for servicing large numbers of people very effectively,” he said.
Constantino owns Sticker Mule, a company that prints customized stickers, T-shirts and hats.
Smullen reiterated his criticism of some of the stickers Constantino’s company has printed.
“It’s interesting, also, that some of the things he profits from are anti-police and anti-Semitic stickers that are very offensive,” he said.
Constantino said the designs in question were placed by third-party contractors who sell through his company’s website. Listings have a button to report offensive merchandise, and it is reviewed and removed if it violates his company’s guidelines.
Smullen reiterated his criticism of Constantino being a registered Democrat until recently. He also suggested Constantino’s change of party was politically opportunistic.
“I’m very far on the right,” Constantino responded. “In 2018, I had a life-long friend, I had known him since he was 11 years old. He was running for mayor in the (Democratic) primary against far-left Kathy Sheehan where I was living at the time, and I said I wanted to vote for a friend … I had no plan to be in politics (at the time).”
Constantino now lives at Edinburg in Saratoga County.
But the candidates mostly agreed on policy issues.
“I’m in favor of President Trump’s policies as they are in Iran, and I know that this conflict is coming to an end soon, and I support what is happening now,” Smullen said.
“On this one, I agree with my opponent’s perspective,” Constantino said.
“I think that gas prices will come down as the conflict in Iran comes to a close and the free flow of oil comes out of the Strait of Hormuz,” Smullen said.
“We tend to agree on certain things. On this one, I agree with Mr. Smullen,” Constantino said.
Both said they support a $70 billion increase in funding for the federal Immigration and Customs Enforcement agency.
Both said they support making payments to individuals arrested in the Jan. 6, 2021, insurrection at the U.S. Capitol, using money from a $1.8 billion fund set up under Trump’s recent settlement with the Justice Department of a tax case.
Both said they support the proposed SAVE Act, which would require showing documentation of citizenship at polling places in order to vote in federal elections.
When asked if the 2020 federal election “was stolen,” Smullen said, “Yes, because there are a lot of problems in states that still need to be looked at.”
Constantino would not specifically answer, repeatedly saying that “mail-in ballots should be totally outlawed.”
Constantino said he supports term limits for members of Congress. Smullen appeared to be opposed.
“People are term-limited every two years. People can throw them out every two years,” Smullen said.
Both said they support proposed legislation to establish a $250 bill with Trump’s picture on it.
Both said they support holding another Winter Olympics in New York.
The full debate can be viewed at youtube.com/watch?v=4XAtnqjuixI.
The primary is June 23. Early voting begins June 13.
There is a Democratic primary between Blake Gendebien, a farmer from Lisbon in St. Lawrence County, and Stuart Amoriell, a restaurant owner from Lake Placid.
Independent candidate Christopher Schmidt announced Tuesday he was not able to secure enough signatures to get on the ballot but will continue to campaign as a write-in candidate as he builds an Independent movement in the district.