The Republican primary for an open seat in the 21st Congressional District has quickly become testy, with Anthony Constantino criticizing Robert Smullen over Smullen’s arrest in 2018 for tax evasion.

“We can’t replace Elise Stefanik with someone who was arrested for felony tax evasion. It’s a major embarrassment for the Republican Party,” Constantino said in a telephone interview Sunday.

He had repeatedly raised the issue in campaign Facebook posts and radio interviews previously.

Smullen, in a telephone interview on Monday, would not directly address the arrest and his guilty plea to a violation.

“Anthony Constantino is unfit to serve in Congress, so I won’t respond to every attack that he makes,” Smullen said.

Smullen, a four-term state Assemblyman from Johnstown, 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.

In 2019, Smullen pled guilty to a violation, a lower-level charge, to settle the case, which Smullen’s lawyer had alleged was politically motivated.

He won his 2018 Assembly race, despite the arrest being a campaign issue.

Smullen said Monday it is his leadership and patriotism that voters should consider.

“What people need to know about me today is that I am a fervent leader,” he said.

Smullen accused Constantino, who is self-funding his campaign, of attempting to “buy an election.”

Constantino, so far in the election cycle, has personally loaned his campaign $7.5 million and has not received any campaign contributions. He said self-funding his campaign frees him from being under the influence of special-interest donors.

He had already spent more than $2 million, largely on polling, consulting and social media advertising, as of Sept. 30, 2025, according to the most recent campaign finance report filed with the Federal Election Commission.

Smullen, who will file his first campaign finance report at the end of the month, has said that, so far, he has raised more than $500,000 for his campaign.

“This campaign isn’t about who can spend the most money,” he said. “It’s about who can lead.”

Smullen and Constantino, a businessman from Amsterdam, are seeking the Republican nomination for the seat that will be open after Rep. Elise Stefanik, R-Schuylerville, announced she would not seek reelection.

County Republican chairmen have said that more candidates might enter the race.

Candidates begin circulating nominating petitions Feb. 24 and have until April 2 to file them with the State Board of Elections.

Smullen, a retired U.S. Marine Corps colonel whose 24-year military career included working as a military strategist at the Pentagon, has said his military and legislative experience distinguish him in the race.

Constantino, owner of Sticker Mule, a printing and packaging supply company, has said his business experience is what sets him apart.

“I sometimes service 10,000 customers a day,” he said.

So far, the race has seemingly centered around which candidate is the most loyal to President Donald Trump.

“I am the only Trump-appointed candidate in this race,” Smullen has repeatedly said.

In 2018, Trump appointed Smullen to the President’s Commission on White House Fellows, a panel that advises the president on the operation of a program that places young adults in one-year temporary positions at the White House and federal agencies to gain work experience.

Constantino, in the telephone interview Sunday, said Smullen’s serving on the commission was inconsequential.

“He got put on some do-nothing commission,” he said.

Constantino also faulted Smullen for not attending the lighting ceremony for a massive “Vote for Trump” sign Constantino constructed at his factory in Amsterdam in 2024.

Smullen alleged that Constantino is running to boost his ego.

“He’s choosing ego over responsibility,” Smullen said.

It is not known who Trump will endorse in the race. Smullen has said he would stay in the race even if the president endorses another candidate. Constantino would not say if he will stay in the race in the same situation.

“I don’t comment on hypotheticals,” he said.

Smullen has announced endorsements from more than 50 local government officials, mostly from within the counties he represents in the Assembly, and from Assembly Republican Leader Will Barclay.

Constantino threatened, if elected, to retaliate against those who endorse Smullen.

“I expect to win this race and will reprimand any Republican that defrauds the people by endorsing ‘Slimeball Smullen,’ who was arrested for tax evasion,” Constantino said in video posted Jan. 1 on his campaign Facebook page.

Smullen bristled at Constantino’s threat.

“I think that’s actually despicable,” he said.

Smullen said his endorsements demonstrate the respect local officials have for him.

“These are people that know me well … They know that I can take a step up,” Smullen said.

Four candidates are seeking the Democratic nomination: Stuart Amoriell, a restaurant owner from Lake Placid; Blake Gendebien, a farmer from Lisbon in St. Lawrence County; Malon Haller, a snow removal laborer and political activist from Amsterdam; and Dylan Hewitt, a former White House trade advisor from Glens Falls.

Hewitt recently announced new endorsements from Rep. Ro Kanna, D-California, and from progressive activist Zephyr Teachout, a former candidate for governor, attorney general and U.S. representative in New York’s 19th District.

Gendebien recently announced new endorsements from Rep. John Mannion, D-Geddes, and International Brotherhood of Electrical Workers Local 910, which represents workers in Clinton, Franklin, Essex and three other counties. Former U.S. Sen. Jon Testor, D-Montana, recently hosted a virtual fundraiser for Gendebien.

Haller, the most recent Democrat to announce, said in a telephone interview that his platform includes establishing a national rent control system, modeled after that of New York City; requiring Medicare, currently a federal government health care plan for the elderly, to cover everyone; and tightening food regulations.

Haller said he originally was running from the Democratic nomination to challenge Rep. Nick Langworthy, R-Pendleton, in New York’s 23rd District but switched to the 21st District because it is an open seat.

Christopher Schmidt, a political activist from Hudson Falls, is running as an Independent.