The race for the 118th New York State Assembly seat currently held by Assemblyman Marc Butler is heating up with key endorsements, arrests and accusations.  Upon Butler's retirement, two contenders have surfaced in the Republican Party, Robert Smullen and Patrick Vincent.

Vincent, a Navy veteran and small business owner from Poland, is facing retired Marine Colonel Robert Smullen of Johnstown in the upcoming Republican Primary on Thursday, September, 13th. Smullen is touting his record of serving three tours of duty in Afghanistan   and his rise to the level of Colonel while Vincent's resume includes service in the aUnited States Navy and operating a successful fuel service business operating out of Poland. Smullen has faced the challenge of a felony arrest in July that charges he cheated on a veteran's tax exemption. He's scheduled to appear in court ops September 5th.

Smullen claims his arrest was political in nature and he made a mistake because of a paperwork overload.  Vincent claims he only acknowledged the issue after he was caught and says the paperwork shows he he knowingly attempted to cheat the system. If Smullen  is convicted of the felony charge, he would not be eligible to serve in the New York Assembly.

Listen to interviews below from both candidates,