Rep. Eric Swalwell (D-CA) cannot use campaign funds to pay for overnight childcare when he travels to campaign for other political candidates, or at the request of foreign governments or other entities, according to a ruling made by the bipartisan Federal Election Commission on Monday.
The commission did, however, uphold a previous ruling that allowed members of Congress to use campaign funds for childcare when traveling for their own campaigns. An affirmative vote of at least four commissioners was needed to approve a response.
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Swalwell’s legal team petitioned the commission in May for clarification on the appropriate uses of campaign funds as it related to childcare. The team claimed that there were times when Swalwell and his wife could not make it home to care for their children due to both parents working full-time jobs, including times when Swalwell was instructed to travel internationally at the request of other countries. The request comes after the congressman had come under scrutiny for alleged misuse of campaign funding.
Swalwell, who ran a brief campaign for president in 2020, previously came under scrutiny for using campaign funds to promote a high-profile life. A complaint filed with the FEC in 2021 by a conservative nonprofit group alleged Swalwell used campaign finances to pay for a family vacation and spent tens of thousands of dollars on alcohol and limousine services.
In an advisory opinion, the FEC determined childcare costs incurred when Swalwell traveled internationally or for other campaigns were not allowed to be compensated by his campaign, but childcare costs when he was traveling for his own campaign were acceptable. However, the funds can only be used when neither parent are able to take care of the children.
The decision comes nearly two weeks after FEC Commissioner Trey Trainor, who was appointed by former President Donald Trump, chastised Swalwell for his request at a meeting.
“To be real honest with you, I’m actually going to pass judgment on it,” Trainor said at the time, according to Business Insider. “I think it’s abhorrent that Congressman Swalwell would have such a young child and want to leave them in the care of someone else for a weeklong trip overseas and using donor contributions to pay for that. I think it’s inappropriate we even had to address this question.”
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Another FEC commissioner, Ellen Weintraub, shot back at Trainor.
“I have never seen a requestor treated so disrespectfully by a member of this Commission,” Weintraub tweeted. “The FEC enforces the law. We do not ‘pass judgment’ on the personal lives of those who come before us asking for guidance.”
