Rep. Eric Swalwell, D-Calif., is facing criticism from within his own party after one of his top Democratic rivals in California’s gubernatorial race released a campaign ad highlighting his missed votes in Congress, as reported by Fox News.

Billionaire candidate Tom Steyer, who previously ran unsuccessfully for president in 2020, used videos Swalwell posted during the 2025 government shutdown as the basis for the attack.

In those clips, Swalwell is seen by a pool and at the gym repeatedly saying, "I should be working."

The ad opens by stating, "Eric Swalwell's job is to vote in Congress," before cutting to footage of Swalwell telling followers that he "should be working" while sitting poolside and lifting weights.

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"In 2025, Eric Swalwell missed 95 votes. That's more than Rep. Raul Grijalva missed. Rep. Grijalva died in March 2025," the ad says.

According to GovTrack.US, Swalwell missed 102 of 139 roll call votes — 73% — between Sept. 19, 2025, and Feb. 9, 2026.

In late November 2025, Swalwell announced his campaign to replace Gov. Gavin Newsom as California’s next governor. Steyer’s campaign claims in the ad that since declaring his candidacy, Swalwell has missed 68% of votes.

"He hasn't been showing up to work, and now he's asking for a promotion," the advertisement concludes, while continuing to show footage of Swalwell bench pressing and stating that he should be on Capitol Hill rather than at the gym.

Call me old-fashioned, but you typically need to show up to work to get a promotion. pic.twitter.com/Ol2U8OTO41

— Tom Steyer (@TomSteyer) February 13, 2026

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The ad drew reaction online from political commentators.

"Savage," Democratic commentator Kaivan Shroff wrote on X.

"Steyer going negative on Swalwell this early is the latest piece of evidence Dem primaries this cycle are going to be nastier than they've been in a while," senior Huffington Post editor Kevin Robillard posted on X.

"Brutal ad," Washington Free Beacon reporter Jon Levine wrote on X.

Swalwell began posting the "I should be working right now" videos last summer during a government shutdown that lasted more than 40 days. At the time, he blamed Republicans for sending lawmakers home.

"I should be working right now. I should be in Congress. I should be voting to lower your costs. But, instead, I'm in a pool because Republicans sent everyone home because they don't want to release the Epstein files," Swalwell said in a late July video from a pool.

"We could be working to lower your costs, make sure healthcare is affordable, and make sure we are restoring the rights of everyone in our community. I should be working right now."

Swalwell also posted similar videos while throwing out the first pitch for his hometown’s minor league baseball team and another clip of him bench pressing 135 pounds at the gym.

At the time, Swalwell and other Democrats said Republicans adjourned early to avoid a vote on an Epstein transparency app, which was later passed.

Republicans countered that Democrats were attempting to push through measures that were already being addressed by the executive branch.

Fox News contributor Jonathan Turley also commented on the situation last summer.

"Swalwell has, however, kept constituents informed of his workouts even if he is not actually working," Turley wrote on X. "It turns out that the shutdown was not the problem since he is being outvoted by deceased colleagues."

...Swalwell has, however, kept constituents informed of his workouts even if he is not actually working. It turns out that the shutdown was not the problem since he is being outvoted by deceased colleagues. https://t.co/97iRs3KCyN

— Jonathan Turley (@JonathanTurley) December 18, 2025

Fox News Digital reached out to Swalwell and his representatives for comment regarding criticism of his missed votes, but did not receive a response before publication.

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