Democratic Rep. Eric Swalwell announced Monday that he intends to resign from his seat in Congress in the wake of sexual assault allegations that sparked calls for him to resign or submit to an expulsion vote. His announcement comes just one day after he suspended his campaign for governor of California.
In a statement on XSwalwell wrote that he was “deeply sorry” for his family, staff and constituents, but that he would “fight the dangerous, false allegation against me.”
“I am aware of efforts to hold an immediate expulsion vote against me and other members,” Swalwell said. “Firing anyone in Congress without due process, within days of an allegation being made, is wrong.” “But it is also wrong for my constituents to distract me from my duties. Therefore, I plan to resign from my seat in Congress.”
California gubernatorial candidate, Rep. Eric Swalwell, appears at a city council meeting in Sacramento, California, April 7, 2026.
Rich Pedroncelli/AP
Swalwell’s announcement comes on the same day that the House Ethics Committee said it had launched an investigation into the allegations against him.
Republican Rep. Anna Paulina Luna of Florida said on Saturday that she intends to hold a vote this week to expel Swalwell if he does not resign. In a Statement on X After Swalwell announced his resignation, Luna said: “He made the right decision, but there still needs to be a full criminal investigation.”
The San Francisco Chronicle reported that a former employee had sexual encounters with Swalwell when he was her boss, and alleged that he sexually assaulted her twice when she was too drunk to consent. Additionally, CNN reported on three other women who detailed allegations of inappropriate behavior on Swalwell’s part.
ABC News has not independently verified the accounts, as the San Francisco Chronicle and CNN reported.
Swalwell did not specifically say when he plans to step down. Once Swalwell resigns, the number of House Democrats will drop to 213 members. Republicans are expected to take the oath in Member No. 218 Tuesday evening — Clay Fuller, who won a special election in Georgia last week — and an independent Rep. Kevin Kelly is still holding meetings with Republicans, which will give the Speaker of the House Mike Johnson 219 votes.
It will be up to California Gov. Gavin Newsom if or when Swalwell’s seat will be filled before the end of his term, according to California laws.
Vacancies in the United States House of Representatives are usually filled by special (out-of-session) elections, which can occur even during a year in which the same House seats are up for regular elections.
However, a spokesperson for the California Secretary of State’s Office pointed to ABC News in the state Election codewhich states that “if a vacancy occurs in a congressional office after the expiration of the nomination period in the last year of the term of office, the Governor may decline to issue a proclamation of election in his discretion.”
California’s ballot eligibility closed in early March, and Swalwell’s current term in Congress expires after this year, meaning Newsom has the choice of calling a special election or not.
Contacted for comment by ABC News, Newsom’s office said it is reviewing the matter and will make a formal announcement once the seat is officially vacant.
