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Who will replace Eric Swalwell and Tony Gonzales? All we know amid sexual misconduct allegations

Two members of the House resigned on Tuesday, creating additional vacancies in the closely divided chamber as the midterm elections approach. While a special election has been promptly scheduled to fill one of their seats this summer, the fate of the other remains uncertain.

Rep. Tony Gonzales (R) admitted to an affair with a staffer who tragically took her life, prompting his resignation alongside Rep. Eric Swalwell, who faced sexual misconduct allegations (AP)

California Governor Gavin Newsom announced a proclamation on Tuesday afternoon calling for a special election on August 18 to replace Representative Eric Swalwell.

Swalwell stated in a post on X on Monday that he intended to resign from his position following multiple allegations of sexual misconduct that emerged against him. He has consistently denied these allegations but mentioned that it is “wrong for my constituents to have me distracted from my duties.”

He also ended his gubernatorial campaign in California, disrupting a highly competitive race where he was once viewed as the leading Democratic candidate.

Also Read: Kash Patel mocks Eric Swalwell amid rape allegations, ‘Door is open to all’

Tony Gonzales announces resignation after affair scandal

Approximately one hour following Swalwell’s resignation announcement, Republican Representative Tony Gonzales from Texas declared in a post on X that he would also retire from his position.

Gonzales has faced allegations of pressuring a staff member into engaging in a sexual relationship with him. Initially, he denied any sexual involvement with the staffer, who tragically took her own life in September. However, last month, he acknowledged having had an affair with her. Shortly thereafter, he announced the cessation of his reelection campaign, while committing to complete his term in the House. Additionally, another former staff member accused Gonzales of sending her sexually explicit text messages in 2020, reported The San Antonio Express-News last week.

Both Swalwell and Gonzales had been subjected to increasing demands for their resignations prior to their announcements. The House Ethics Committee had initiated investigations into both Congressmen.

Gavin Newsom makes announcement over future of Eric Swalwell’s House seat

On Tuesday, Newsom announced a special election scheduled for August 18 to fill the position of the troubled Democrat, whose political aspirations collapsed following allegations that derailed his gubernatorial campaign and compelled him to resign from Congress.

Swalwell’s resignation occurred too late to combine the election with California’s primary on June 2, resulting in a separate, hastily arranged election that will provide the victor with only a brief tenure in Washington before the term concludes in early 2027.

The rush to fill the vacancy was already in motion prior to the scandal, due to California’s regulation that permits candidates to run for only one office at a time. A competitive field of nine candidates had already emerged to pursue Swalwell’s seat while he was campaigning for governor — even prior to his fall from grace.

Who can takeover Eric Swalwell’s House seat?

Currently, these candidates are competing on two fronts: the June primary for a full term and the August special election to address the immediate vacancy.

Among the candidates are state Senator Aisha Wahab, former Dublin Mayor Melissa Hernandez, and San Leandro City Councilmember Victor Aguilar Jr.

Who could replace Tony Gonzales?

At this juncture, it remains unclear when Gonzales’ seat will be filled.

Typically, governors initiate special elections to appoint House members who vacate their positions prior to the conclusion of their term. However, with the upcoming election in November being less than seven months away, Texas Governor Greg Abbott is not mandated by state law to act before that time—and it is still uncertain whether he plans to do so.

In most instances, Texas law obligates the Governor to arrange a special election to address a House vacancy on the “first uniform election date” that occurs at least 36 days after the election is announced. However, the final of these dates preceding the fall midterms is now less than 36 days away, stating that Gonzales’ seat would only be filled in November—unless Abbott opts to convene an emergency special election.

A look at House scenario

The present composition of the House may influence the Governor’s forthcoming decisions.

Currently, Republicans maintain a slim majority in the House; with Swalwell, a Democrat, and Gonzales, a Republican, both officially resigning, the President’s party holds 216 seats while the Democrats occupy 213.

Additionally, three seats remain vacant, and one is represented by an Independent—Rep. Kevin Kiley from California—who departed from the GOP last month but continues to align with the party.

One of the vacancies, created by former Rep. Marjorie Taylor Greene’s resignation in January, is being filled by Republican Clay Fuller, who emerged victorious in a special runoff election last week. He is anticipated to be sworn into office on Tuesday, which would restore the party’s seat count in the House to 217. Special elections are scheduled for April and August to fill the remaining vacancies