As the race to replace him gets underway, federal regulators are pressing former Rep. Eric Swalwell to return more than $30,000 in general election donations or face a potential audit and enforcement action.

In a June 15 letter, the Federal Election Commission warned Swalwell’s committee that it must refund the funds because he is no longer running for office. 

The move from the FEC is escalating pressure on the disgraced ex-congressman as multiple financial and personal controversies continue to swirl.

As the scandals deepen, voters in the San Francisco Bay Area congressional district formerly represented by Swalwell cast ballots Tuesday night to determine who will replace the Democrat in a special election for the seat.

The vote is taking place in the 14th Congressional District, which includes East Bay cities such as Fremont, Hayward and Livermore.

As of Tuesday night, with 80% of ballots counted, Democrat Aisha Wahab led the field with 42.6% of the vote, short of the 50% needed to avoid a runoff under California’s top-two system. Trailing the frontrunner, Melissa Hernandez held second place with 16.8% of the vote (17,619 votes), followed by Rakhi Israni Singh in third at 13.3% (13,946 votes). Both are Democrats.

Wahab is considered a staunchly progressive, left-leaning liberal.

 The district leans very left and has long been considered easy territory for Democrats.

The top two candidates from the field will advance to an Aug. 18 runoff election.

The special election comes as Swalwell continues to face escalating scrutiny following his departure from Congress and his suspended California gubernatorial bid.

The FEC set a response deadline of July 20 for Swalwell to return the campaign funds and cautioned that failure to comply could trigger an audit and further penalties.

The FEC noted that general election contributions cannot be retained once a candidate exits a race and must be properly returned, putting immediate compliance demands on the campaign.

The warning lands on top of already heavy scrutiny surrounding Swalwell’s failed California gubernatorial bid, where filings show significant campaign spending, including nearly $38,807 paid between April 19 and May 16 to North Hollywood-based transportation and security operator Darly Meyer and his CYD Global Car Service, which advertises chauffeured vehicles and executive protection.

Those same filings also show the campaign has spent substantial sums on legal fees, totaling hundreds of thousands of dollars, as Swalwell faces multiple ongoing inquiries tied to misconduct allegations.

The FEC sent Eric Swalwell's congressional campaign committee a letter warning that he needs to refund more than $30,000 in general election donations (since he is not running) or face an audit and potential penalties. pic.twitter.com/tY9T6X2yDu

— Andrew Solender (@AndrewSolender) June 16, 2026

Separately, Swalwell has been hit with a wave of allegations involving his personal conduct, including claims tied to private Snapchat communications, explicit messages, and inappropriate exchanges with women during his marriage.

Former colleagues have previously described him as a “Jekyll and Hyde” figure, contrasting his public political image with his private behavior.

He has also faced allegations of serious sexual misconduct, including accusations of sexual assault and rape made by multiple women. 

Swalwell has not been charged with any crime.

The allegations first became public in April 2026, prompting him to suspend his California governor campaign and leave Congress.