Asm. Robert Smullen — The Commons Gallery

Robert Smullen (R) represents AD-118, a heavily Republican district carrying an R+28 registration lean and a base electoral lean of R+34, where he has run uncontested in each of his last three general elections (2020, 2022, 2024) and is rated Safe R across all 2026 modeled scenarios; his only contested race was his initial 2018 victory with 63.4% of the vote against Keith A. Rubino's 36.6%, a margin of 26.8 points. The district is demographically homogeneous and rural in character, with a population of 136,440 that is 91.3% white, a homeownership rate of 75.1%, a median household income of $67,075, and a bachelor's degree attainment rate of 22.4%; Republicans hold a commanding registration advantage at 48.4% to Democrats' 20.7%, with Independents comprising 24.2%. In the 2025 session, Smullen sponsored 51 bills, with his heaviest concentrations in Tax (9 bills), Education (7 bills), Environmental Conservation (3 bills), and Penal and Public Health (2 bills each). Top lobbying sectors active in his district have not been specified in the available data, though his bill sponsorship portfolio spans tax, education, and public health domains.AI

Vulnerability Index AD-118

Base lean: R+34

Favorable D

Safe R

Neutral

Safe R

Favorable R

Safe R

Limited contested election data — registration lean used as primary signal
Ran uncontested in most recent election

Scenario model: ±5pt national environment shift applied to district base lean (R+34). Base lean blends voter registration (40%) with recent contested general election margins (60%), using up to the last 4 general elections with margins under 40 points. Ratings: Safe D/R = 15+ pts, Likely = 8–14 pts, Lean = 3–7 pts, Toss-up = within 2 pts. Generic ballot from Silver Bulletin (Nate Silver), as of 5/1/2026. Not a prediction — reflects structural competitiveness under different cycle environments.

Electoral History AD-118

General Elections

Year	Winner	Runner-up	Margin
2024	Robert J. Smullen 100.0% (50,250)	Uncontested	—
2022	Robert J. Smullen 100.0% (39,263)	Uncontested	—
2020	Robert J. Smullen 100.0% (48,098)	Uncontested	—
2018	Robert J. Smullen 63.4% (28,209)	Keith A. Rubino 36.6% (16,263)	26.8pts
2016	Marc W. Butler 100.0% (42,565)	Uncontested	—
2014	Marc W. Butler 100.0% (27,976)	Uncontested	—
2012	Marc W. Butler 68.1% (26,685)	Joseph Chilelli 31.9% (12,503)	36.2pts
2010	Addie J. Russell 55.3% (18,341)	David W. Forsythe 44.7% (14,809)	10.6pts
2008	Addie Jenne Russell 58.8% (24,843)	Robert W. Cantwell, III 41.2% (17,423)	17.6pts
2006	Darrel J. Aubertine 100.0% (22,114)	Uncontested	—
2004	Darrel J. Aubertine 65.3% (29,912)	Scott A. Gray 34.7% (15,898)	30.6pts
2002	Darrel J. Aubertine 50.4% (17,494)	Patricia A. Ritchie 46.5% (16,134)	⚡ 3.9pts
2000	Michael J. Bragman 100.0% (38,773)	Uncontested	—
1998	Michael J. Bragman 78.9% (30,517)	Steven C. Kempisty 17.0% (6,561)	61.9pts
1996	Michael J. Bragman 77.7% (37,714)	Damian Ulatowski 22.3% (10,814)	55.4pts

Primary Elections

Year	Winner	Runner-up	Margin
2018 (Republican)	Robert J. Smullen 57.8% (4,499)	Patrick Vincent 42.2% (3,279)	15.6pts
2018 (Conservative)	Robert J. Smullen 53.3% (98)	Patrick Vincent 46.7% (86)	⚡ 6.6pts
2016 (Republican)	Marc W. Butler 66.0% (5,595)	Patrick Vincent 34.0% (2,877)	32.0pts
2002 (Republican)	Patricia A. Ritchie 45.4% (2,878)	David A. Renzi 29.0% (1,839)	16.4pts
2002 (Green)	Darrel J. Aubertine 42.9% (3)	Patricia Ritchie 14.3% (1)	28.6pts

Special Elections

Year	Winner	Runner-up	Margin
2002	William E. Sanford 54.8% (8,684)	Lee J. Plavoukos 45.2% (7,172)	⚡ 9.6pts

Source: NYS Board of Elections certified results. ⚡ = margin under 10 pts. District history reflects 2022 redistricted boundaries.

Voter Registration

21%

48%

31%

Dem 20.7% Rep 48.4% Ind/Other 31.0%

District 118 Profile

Population 136,440

Median income $67,075

Median rent $868

Homeownership 75.1%

Education (BA+) 22.4%

Poverty rate 13.1%

Uninsured rate 5.4%

Unemployment rate 3.6%

Source: U.S. Census Bureau, American Community Survey 5-Year Estimates (2024).

Demographics

White 91.3%

Black 1.3%

Hispanic 3.2%

Asian 0.6%

Median age 43.9

Foreign born 2.2%

Limited English households 0.6%

Veterans 7.8%

Disability rate 16.5%

Commute Mode

Drive alone 78.2%

Public transit 0.3%

Source: U.S. Census Bureau, ACS 5-Year Estimates (2024). Race and ethnicity figures may not sum to 100% — Hispanic/Latino is an ethnicity category that overlaps with racial groups.

Legislative Activity (2025–2026)

51

25

Years in office 7

Bill sponsorship from NYS Open Legislation API. Joint hearing appearances from NYS Senate hearing transcripts.

Floor Session Activity 2025–2026

A09217 / S____ 2026-01-28

An act to amend the Penal Law and Education Law in relation to excluding certain medication from being deemed unlawful to prescribe or dispense; and to amend the Education Law in relation to excluding certain medication from being deemed misbranded.

The New York State Assembly debated A09217, sponsored by Assemblywoman Paulin, which would protect healthcare providers from criminal penalties under state law if the FDA changes its approval or labeling of Mifepristone and other medication abortion drugs. The bill would allow existing drugs already on pharmacy shelves to continue being dispensed even if federal approval status changes, and would align New York's standards with World Health Organization guidance rather than FDA requirements. Supporters argued the measure protects women's access to medication abortion, which has been safely used in 100 countries and is the primary form of abortion in New York. Opponents, including Assemblywoman Walsh, Assemblyman Durso, and Assemblyman Smullen, raised constitutional concerns about bypassing FDA authority in favor of WHO guidance, particularly after the U.S. formally withdrew from the WHO on January 22, 2025. Critics also questioned the bill's consistency, noting it exempts only abortion medications from FDA oversight while not addressing other drugs with comparable or worse safety profiles. Durso raised practical concerns about whether the bill protects only dispensers or also patients and those transporting the drug across state lines. The debate remained unresolved at the time of this transcript segment, with no vote recorded.

A07713 PASSED 2025-06-17

Hamilton County recording tax extension

A07902-C PASSED 2025-06-16

An act in relation to authorizing the City of Little Falls, in the County of Herkimer, to finance certain deficits by the issuance of bonds

A07605 PASSED 2025-06-13

An act to amend the Tax Law, in relation to extending the authorization granted to the County of Montgomery to impose an additional one percent sales and compensating use taxes.

A08896 PASSED 2025-06-12

Aid to Localities Budget Technical Changes

The Assembly passed a technical budget bill on June 12 that formally authorizes New York State to spend $8 billion from the Enterprise Fund to repay outstanding debt owed to the federal Unemployment Insurance Trust Fund. The measure, brought to the floor on a Message of Necessity, cleans up appropriation authority for UI debt incurred during the COVID-19 pandemic. Assemblymember Ra noted the authorization was accounted for in the enacted budget but required formal legislative action. Assemblymember Smullen, while rarely voting for budget bills, supported the measure, expressing relief that the state is finally liquidating pandemic-era obligations that New York businesses have been paying for over four years.

A03938-B / S03938 PASSED 2025-06-11

An act to amend the Transportation Law, in relation to enacting the 'Alexander John Smullen Traffic Safety Memorial Law'

The Assembly unanimously passed A03938-B, the 'Alexander John Smullen Traffic Safety Memorial Law,' sponsored by Asm. Smullen with 77 cosponsors. The bill was introduced in memory of Smullen's son, Alexander John Smullen, who was killed on New York highways. During floor debate, Asm. Ra spoke on behalf of colleague Asm. Slater and highlighted the case of Jake Arcara, a highway maintenance worker tragically killed by a speeding motorist in a construction zone. The measure aims to honor those lost on highways and serve as a reminder of the dangers faced by highway maintenance workers. Smullen thanked Speaker Heastie, Minority Leader Will Barclay, and Majority Leader Crystal Peoples-Stokes for their support, and asked Governor to sign the legislation in memory of his son.

A07447 PASSED 2025-06-06

An act to amend the Tax Law, in relation to extending authorization for the County of Fulton to impose an additional 1 percent of sales and compensating use taxes

A07011-A PASSED 2025-06-04

An act to amend the Public Health Law, in relation to allowing individuals to register in the 'Donate Life Registry' through mandatory electronic personal income tax filings.

The Assembly passed A07011-A, sponsored by Assemblywoman Tapia, which amends the Public Health Law to allow New Yorkers to register as organ donors through mandatory electronic income tax filings. The bill received strong bipartisan support during floor debate. Assemblyman Palmesano noted New York ranks 47th out of 52 states and territories in donor registry rates despite having the third-highest need for organs, with nearly 400 deaths last year from lack of available transplants. Assemblywoman Tapia, whose son received a transplant in 2021, called the measure a game-changer that will make donation registration easier for all New Yorkers by integrating it into the tax filing process everyone must complete. The bill takes effect on the 180th day.

A07011-A PASSED 2025-06-04

An act to amend the Public Health Law, in relation to allowing individuals to register in the 'Donate Life Registry' through mandatory electronic personal income tax filings.

The Assembly passed A07011-A, sponsored by Assemblywoman Tapia, which amends the Public Health Law to allow individuals to register in the Donate Life Registry through mandatory electronic personal income tax filings. The bill received strong bipartisan support, with members highlighting New York's poor organ donor registry ranking (47th out of 52 states and territories) despite having the third-highest need for organs. Assemblywoman Tapia shared her personal story of her son receiving a transplant in 2021, calling the legislation a game-changer because it will reach New Yorkers through tax filings. Assemblyman Palmesano noted that one organ donor can save up to eight lives and impact 75 others, while nearly 400 people died last year waiting for transplants. The bill takes effect on the 180th day.

A07011-A PASSED 2025-06-04

An act to amend the Public Health Law, in relation to allowing individuals to register in the 'Donate Life Registry' through mandatory electronic personal income tax filings.

The Assembly passed A07011-A, sponsored by Assemblywoman Tapia, which amends the Public Health Law to allow individuals to register in the Donate Life Registry through mandatory electronic personal income tax filings. The bill received strong bipartisan support, with members highlighting New York's poor organ donor registry ranking (47th out of 52 states and territories) despite having the third-highest need for organs. Assemblyman Palmesano noted that one organ donor can save up to eight lives and impact 75 others, while nearly 400 New Yorkers died last year waiting for transplants. Assemblywoman Tapia shared her personal story of her son receiving a transplant in 2021, calling the legislation a game-changer because it integrates donation registration into the tax filing process that all New Yorkers complete annually. The bill takes effect on the 180th day.

A1191 2025-05-14

Safer Weapons, Safer Homes Act - An act to amend the Executive Law, in relation to defining personalized handguns and requiring the Division of Criminal Justice Services to certify the technological viability of personalized handguns and to establish requirements related to the sale of personalized handguns

The Assembly debated A1191, the Safer Weapons, Safer Homes Act, which would direct the Division of Criminal Justice Services to certify the technological viability of personalized handguns within 180 days and establish testing criteria for models meeting the definition. Sponsor Assemblyman Bores argued the bill addresses three public safety concerns: accidental shootings in homes, gun trafficking, and officer safety, noting that personalized handguns are already on the market and have been purchased by law enforcement agencies in five states. The bill contains no mandate to purchase such firearms and does not restrict other firearms sales. Opponents Assemblymen Angelino and Smullen raised concerns about technology maturity and reliability, questioning whether 100% viability is achievable and warning that false security could lead to unsafe storage practices. Smullen also challenged the appropriateness of DCJS as the certifying authority and expressed concern about open-ended regulatory power granted without further legislation. Angelino cited New Jersey's failed 2002 mandate and 2019 amendments as cautionary examples. The bill passed the Assembly on a bipartisan basis last year.

A07617 PASSED 2025-05-05

An act to amend the Public Health Law, in relation to removing the prohibitions on patient participation in multiple transplant programs in New York State

The Assembly passed legislation removing prohibitions on patients participating in multiple transplant programs in New York State. Sponsored by Assemblywoman Peoples-Stokes and 18 co-sponsors, the bill addresses a critical gap in access to organ transplants for Medicaid patients, who under current law can only apply to one program and be on one wait list. Peoples-Stokes noted that approximately 8,000 New Yorkers are currently on transplant wait lists, with roughly 400 expected to die before receiving a transplant. The measure was championed by Dr. Kayler, a transplant surgeon at Erie County Medical Center, and supported by Donate Life New York. The bill allows patients to remove themselves from dependence on dialysis machines by expanding their opportunities to access kidney transplants across multiple programs.

A03002 PASSED 2025-03-27

Budget Bill — Debt Service. An act making appropriations for the legal requirements of the State debt service and lease purchase payments and other special contractual obligations.

The Assembly passed A03002, the state's Debt Service Bill for fiscal year 2025-26, on a party-line vote with some Republican dissent. The bill appropriates $10.7 billion to cover $2.3 billion in debt service payments on $65.1 billion in outstanding state debt, a decrease of $845 million from the prior year. Chair Pretlow explained the funds support debt obligations for transportation, SUNY, CUNY, and other state priorities. Debate focused on New York's growing debt burden, with members noting projected debt will reach $95.6 billion by 2030—exceeding the total budgets of 43 states—and that per-capita state-supported debt stands at $2,775, rising to nearly $17,000 when including public authority debt. Republicans and some Democrats expressed concern about fiscal sustainability, with Asm. Smullen calling the situation a 'red light warning' and urging spending cuts rather than continued borrowing. Asm. Ra emphasized the need for transparency in budget negotiations and noted that only $2.6 billion of the state's outstanding debt has been directly approved by voters. The bill passed as the first of 11 budget bills expected to be considered this week.

A03002 PASSED 2025-03-27

Budget Bill — Debt Service. An act making appropriations for the legal requirements of the State debt service and lease purchase payments and other special contractual obligations.

The Assembly passed A03002, the state's Debt Service Bill for fiscal year 2025-26, on a party-line vote with the Republican Conference generally opposed. The bill appropriates $10.7 billion to cover $2.3 billion in debt service payments on $65.1 billion in outstanding state debt, a decrease of $845 million from the prior year. Chair Pretlow noted the state remains well under its debt cap with $25.1 billion in remaining capacity for fiscal year 2026. However, debate revealed deep concerns about the state's long-term debt trajectory. Members noted that state debt is projected to reach $95.6 billion by fiscal year 2030, and when combined with $328 billion in public authority debt, New Yorkers carry a per capita burden of nearly $17,000. Opponents argued the state is not reducing debt fast enough and urged the legislature to cut spending rather than continue borrowing. The bill passed as the first of 11 budget bills expected to be considered this week.

A00439 / S#### PASSED 2025-03-19

An act to amend the General Business Law, in relation to removing dealers of ammunition from certain provisions regarding the use of certain merchant category-codes by payment card networks

The Assembly passed a chapter amendment to legislation requiring payment card networks to create merchant category codes for firearm and ammunition retailers. Sponsor Asm. Solages characterized the amendment as a technical clarification removing redundant language about ammunition dealers, since firearms dealers already cover ammunition under law. However, Republican opponents including Asm. Angelino and Asm. Smullen argued the bill effectively creates a registry of firearm purchasers in violation of the Second Amendment and the 1986 Firearms Privacy Act. Angelino cited statements from Visa and Mastercard indicating they have paused implementation of such codes due to legal uncertainty. The bill passed on a party-line vote with the Majority Conference voting in favor and the Minority Conference voting against, though individual members were permitted to vote contrary to their conference position.

A00436 2025-03-19

An act to amend the Penal Law, in relation to classifying pistol converters as a rapid-fire modification device

A00437 / S6649 PASSED 2025-03-19

Chapter amendment to Penal Law relating to warnings regarding rifles and shotguns to be posted and provided by firearms dealers; technical corrections to prior year legislation

The Assembly passed a chapter amendment to firearms dealer warning requirements on March 19, sponsored by Asm. Dinowitz. The bill makes technical changes to prior-year legislation requiring firearms dealers and licensing officials to post and distribute warnings about firearm risks, particularly suicide, citing 24,000 national suicide deaths in 2020. The amendment changes terminology from "weapon" to "rifle, shotgun or firearm" for clarity. Opponents criticized the bill as unnecessary federal regulation already covers the issue, questioned whether warning signs would prevent suicides, and noted that penalties for non-compliance apply only to dealers, not licensing officials. Asm. Bailey calculated the requirement would necessitate distribution of over 500,000 pieces of paper annually, creating an unfunded mandate on local governments and businesses. The Majority Conference voted generally in favor with some exceptions; the Minority Conference opposed the measure.

A04765 PASSED 2024-06-06

Constitutional Amendment relating to State Supreme Court justices

The Assembly passed a constitutional amendment removing the 50,000-population metric cap on State Supreme Court justices, allowing the Legislature to increase judgeships without constitutional constraint. Sponsor Asm. Bores argued the cap is arbitrary and prevents adequate judicial resources in growing areas, and that removing it gives the Legislature control over judge allocation rather than leaving it to the Office of Court Administration. The bill is supported by bar associations, business groups, and court reform organizations citing justice system backlogs. However, Republicans and some Democrats opposed the measure, arguing it removes a safeguard against political manipulation of judicial appointments and could disadvantage rural areas by allowing OCA to reassign judges across jurisdictions based on funding rather than population need. Asm. Goodell contended the real problem is too many lawsuits, not too few judges, and urged focus on reducing litigation through arbitration rather than adding expensive judgeships.

A04765 PASSED 2024-06-06

Constitutional Amendment relating to State Supreme Court justices

The Assembly passed a constitutional amendment removing the 50,000-population cap on State Supreme Court justices, giving the Legislature authority to increase judgeships without the current constitutional limitation. Sponsor Asm. Bores argued the cap, unchanged for 63 years, prevents adequate judicial resources in growing areas and cites support from bar associations and business groups concerned about litigation delays harming New York's competitiveness. Opponents including Asm. Ra, Smullen, and Walsh raised concerns that removing objective allocation criteria could enable political manipulation of judge distribution and disadvantage rural areas that rely on elected judges accountable to local voters. Asm. Goodell argued the real problem is too many lawsuits, not too few judges, and suggested reducing litigation through arbitration rather than adding expensive judgeships. The bill passed with Democratic support, though some Republicans and at least one Democrat voted against it.

A09238-A PASSED 2024-05-30

An act to amend the Education Law and the Local Finance Law, in relation to the period of probable usefulness of zero-emission school buses

The Assembly passed A09238-A, which reduces the amortization period for zero-emission school buses from 12 years to 8 years, aligning the financing period with the actual lifespan and battery warranty of electric buses. Sponsor Asm. Woerner and supporters argued the change prevents school districts from paying for buses no longer in use due to corrosion. However, the bill drew significant opposition from members who argued it fails to address the underlying EV school bus mandate, which they characterized as an unfunded mandate lacking adequate state funding and feasibility studies. Asm. Palmesano cited estimates of $8-15 billion in additional costs plus billions for charging infrastructure. Asm. Smullen raised rural equity concerns, and Asm. Goodell criticized the policy for sending billions to China for batteries. The bill passed despite the opposition.

A8134 MOTION LOST 2024-04-17

Rural Mobile Communications Fund to increase cellular service in low-to no-coverage areas

The Assembly rejected a motion to discharge Assembly Bill A8134 from the Committee on Ways and Means on April 17, preventing floor consideration of legislation that would create a Rural Mobile Communications Fund to expand cellular service in rural areas. Sponsor Asm. Smullen argued the bill addresses a critical public safety gap, citing FCC coverage maps showing zero to 5 percent cellular coverage in large swaths of Upstate New York and referencing a recent fatal incident where a 20-year-old woman was killed partly due to lack of cell service. The bill would redirect revenues from the $1.20 Public Safety Communication surcharge into grants prioritizing rural areas with documented public safety concerns. Majority Leader Peoples-Stokes opposed the discharge motion, arguing bills should proceed through normal committee channels. The motion failed, leaving the bill in committee.

A08275-A PASSED 2024-04-02

Requiring distribution of information in the prelicensing course on how to register as an organ and tissue donor

The Assembly passed A08275-A, sponsored by Asm. Berger, requiring that information about organ and tissue donor registration be distributed in prelicensing driving courses. Asm. Smullen spoke emotionally in support, sharing that he and his wife lost their son in a traffic accident and found comfort through the Donate Life Program. Smullen urged colleagues to support the measure and promote organ donation across New York State, calling it a 'just mission' to help the 20 million people in the state become more accepting of the program.

A8802 2024-03-28

Budget Bill - Debt Service Bill. An act making appropriations for the legal requirement of the State budget and lease purchase payments and other special contractual obligations

The Assembly took up the Debt Service Bill (A8802), sponsored by Chair Weinstein, appropriating $13.5 billion to support $3 billion in debt service payments for fiscal year 2024-25. The bill represents a $2.1 billion decrease from the prior year and funds legally-required payments on outstanding bonds, lease purchase agreements, and other contractual obligations supporting $64.4 billion in state debt. Weinstein noted the bill keeps the state in compliance with the Debt Reform Act of 2000 and the statutory debt cap. Questioners raised concerns about New York's overall fiscal health, including the state's high per-capita spending relative to other states, $17.6 billion in COVID-era debt excluded from the debt cap, and $329 billion in public authority debt. Asm. Ra expressed frustration that budget negotiations remain incomplete, with no final agreement on tax increases, spending levels, or major policy items including Foundation Aid protections and migrant crisis funding. Asm. Smullen criticized the state for accumulating debt rather than using federal COVID aid to pay down existing obligations, arguing the burden is unsustainable for rural communities.

A02917 PASSED 2023-06-21

An act to amend the Environmental Conservation Law, in relation to making contests, competitions, tournaments and derbies to take wildlife unlawful

The Assembly passed A02917, sponsored by Asm. Glick, prohibiting organized wildlife killing contests while exempting deer, bear, and turkey. The bill sparked heated debate between conservation advocates and hunting rights supporters. Glick argued contests disrupt predator social structures and are ineffective wildlife management, citing experts from the Yellowstone Ecological Research Center and universities. Opponents, including Asms. Simpson, Lemondes, and Smullen, contended the bill infringes on hunting rights and that participants already follow all DEC regulations and bag limits. They argued the only difference between legal hunting and contests is the prize incentive. Concerns were raised about impacts on agricultural pest management, particularly coyote predation on livestock and squirrel management for ginseng farming. The bill allows private hunting and nuisance animal control but targets organized, promoted, and sponsored contests with prize money. Violations would result in fines up to $2,000. The measure passed on a party-line vote, with Democrats supporting and Republicans generally opposed.

A00129 / S02193 PASSED 2023-06-21

An act to prohibit wildlife killing contests

The Assembly passed legislation sponsored by Assemblywoman Glick prohibiting wildlife killing contests, marking a significant victory for animal welfare advocates but drawing sharp criticism from rural lawmakers. The bill (A00129/S02193) would ban organized competitions with prizes or entertainment value aimed at killing wildlife such as coyotes, rabbits, and squirrels. Glick argued the contests are ineffective management tools, citing wildlife scientists and Department of Environmental Conservation statements showing that indiscriminate killing of predators like coyotes actually increases their reproductive rates by disrupting social structures. However, opponents including Assemblymen Smullen, Pirozzolo, and Gallahan characterized the measure as urban overreach into Upstate traditions. Gallahan described 13 years of contests through his local American Legion chapter that raised tens of thousands of dollars for youth programs, with all animals legally taken and used for consumption. The debate highlighted a stark regional divide, with rural lawmakers arguing the bill represents tyranny of the majority imposing city values on legal hunting activities. A party vote was requested, with the Republican Conference generally opposed. The bill passed with support from the Democratic majority.

Source: Official NY Assembly floor session transcripts (Granicus). AI-processed. Includes sessions from 2023 onward where transcripts are available.

Bill Focus Areas 2025–2026

bills

Grouped by law section from sponsored Assembly bills. Source: NYS Open Legislation API.

Lobbying Activity

No lobbying disclosures on record for this member in the available dataset (JCOPE filings targeting Assembly members).

Source: NY Commission on Ethics and Lobbying in Government via data.ny.gov.