Arrested on a First-Degree Felony Charge
First-Degree Filing of a False Instrument
Smullen was arrested for allegedly filing fraudulent veteran tax-exemption paperwork in Niskayuna.
Source: NCPR ReportThe Sweetheart Plea Deal
Smullen pleaded guilty to disorderly conduct — not even a misdemeanor, but a mere violation — and was forced to repay the tax money he'd dodged.
Who does Smullen owe a favor to for turning a felony into a slap on the wrist? Would you get the same sweetheart deal?
The $500,000 Fairy Tale
Robert Smullen told NY-21 voters and the press that his campaign raised half a million dollars in its first week. Federal filings prove otherwise.
"Big news! Our campaign has picked up huge momentum — in less than a week since our launch, our campaign has raised over $500,000!..."
Official FEC Audit Data
He inflated his fundraising by 37x.
If Smullen will lie about something as easily verifiable as his own fundraising—what won't he lie about?
Voting With Democrats
Transgender Wellness Fund
Smullen voted YES with progressives to establish and fund a specialized Transgender and Gender Non-Binary wellness equity program.
| Bill # | Focus | Vote | Legislative Impact |
|---|---|---|---|
| S01359 | Office of Racial Equity | YES | Created a massive state planning agency to allocate resources entirely based on racial and social justice constructs. |
| S00066A | Adult Survivors Act | YES | Intentionally changed the civil statute of limitations, clearing the direct, explicit path for E. Jean Carroll to launch her legal assault against Donald Trump. |
| S01218 | DEI State Contracts | YES | Directed state contracting agencies to force rigid minority- and women-owned growth quotas on public expenditures. |
| S00831 | LGBTQ Mandated Training | YES | Mandated that home health and personal care aides undergo specialized state-approved training regarding sexual orientations and gender identities. |
| A05909 | Climate Sustainability Officer | YES | Created a new bureaucratic "Chief Sustainability Officer" position to enforce progressive climate change mitigation efforts across government entities. |
| A08272 | Gender-Neutral Scrubbing | YES | Supported legislation specifically designed to scrub the traditional word "councilman" from state law in favor of gender-neutral terminology. |
| S01351 | Decriminalize Sex Work Loitering | YES | Voted to repeal law enforcement provisions relating to loitering for the purpose of engaging in a prostitution offense. |
| A02565 | Electronic Privacy Act | NO | The Double Standard Voted against protecting everyday citizens from government agents searching private cell phones without warrants. |
Desperate Lies
Caught lying about his fundraising and hiding his progressive voting record, Robert Smullen launched an unhinged, coordinated smear campaign full of provable lies against President Trump's endorsed candidate Anthony Constantino.
The "Unpaid Taxes" Lie
Smullen falsely stated that Anthony was running to distract from delinquent taxes.
The "Felony" Lie
Smullen explicitly labeled Anthony a "fraudster" and an "unconvicted felon" who broke federal laws.
The Antisemitism Lie
Smullen circulated severe lies claiming Anthony uses donor money to profit from "blatant, disgusting antisemitism."
Veterans Lie
Smullen sent text blasts accusing Anthony of calling USMC veterans "cowards."
The "Vote for Trump" Sign Lie
Smullen falsely claims that Anthony waited until after the president won the election to put up his "Vote for Trump" sign.
The Fake Trump Ally
Smullen falsely brands himself as a "Trump Appointee" after getting a low level appointment in 2018 but he went on to betray President Trump multiple times.
Manufactured Ties
Smullen claims he "worked with President Trump" as a "Trump Appointee." In reality, he served on an obscure committee (the President's Commission on White House Fellowships) to manufacture a false, calculated link to the President.
Zero Support
Smullen never publicly endorsed Donald Trump during any of his three presidential campaigns—not even after the assassination attempt.
Enabled E. Jean Carroll
Smullen didn't just refuse to endorse Trump—he actively voted for the Adult Survivors Act, the exact law specifically designed by Democrats to clear the path for E. Jean Carroll's lawsuit against the President.
While Smullen lies about his ties, Anthony Constantino was officially endorsed by the President after weeks of rigorous vetting by the White House.
A Greedy Politician
Smullen actually told reporters he is running to benefit himself.
"Think about why you are launching this campaign for New York's 21st Congressional District."
"Yeah, so — this is the opportunity of a lifetime for me. It comes around only every 10 years or so."
The Stefanik Backstab
Smullen's secret primary threat to Stefanik revealed
"Republican Assemblymember Robert Smullen sat down with Rep. Elise Stefanik five years ago to talk about a rural development bill, but instead he made a bold claim: He intended to challenge her in a GOP primary."
"To have the audacity to do that — to not read the room, but also not read the polling," one of the people said. "By the end of the meeting he was set straight."
Despite his desperate denials and claims of loyalty, the truth is out: Smullen plotted to destroy Elise Stefanik's career the moment he thought she was vulnerable. It's no wonder she has pointedly refused to endorse him.
Illegal Activity Again?
Formal complaints have been filed with the Federal Election Commission (FEC) and the New York State Board of Elections (NYSBOE) exposing Smullen's alleged illegal use of nearly $80,000 in state campaign funds to bankroll his congressional run.
Federal Law Violations
Smullen likely violated the Federal Election Campaign Act by illegally transferring non-federal funds to finance his "testing-the-waters" congressional activities, completely hiding these expenditures on his initial FEC reports to conceal the scheme.
Read FEC ComplaintState Law Violations
Smullen likely violated NY Election Law § 14-130 by using state donor money—which allows for corporate contributions strictly banned at the federal level—for unlawful purposes, funneling the cash to out-of-state federal consultants.
Read NYSBOE ComplaintThe $80,000 Consultant Scheme
These top-tier federal consultants were mysteriously paid by Smullen's State Assembly committee in the months leading up to his congressional announcement—despite him running virtually unopposed for his state seat. The moment he announced his federal run, these exact same consultants were immediately shifted onto his federal campaign payroll.
The Solar Farm Hypocrisy
Robert Smullen has taxpayer-funded solar panels covering his property and may want taxpayer-funded lithium battery storage facilities in the North Country.
Replacing Farmland
While conservatives fight to stop Democrats from replacing pristine farmland with Chinese-made solar farms and other green projects that waste money, Smullen is personally profiting from them.
Are Smullen's taxpayer-subsidized solar panels made in China? And why is he opening the door for unsafe lithium battery storage facilities in the North Country?