Alex Padilla U.S. Senator for California

Padilla highlights new violations of federal records laws in Republican redistricting pushes, including in Indiana

Indiana State Senator on White House redistricting push: “[T]he underling who reached out to me is trying to influence the election on my dime. … That’s a violation of the Hatch Act. He’s a federal employee. He works in the White House. But does anyone care about the rules anymore? Not that I can tell.”

WASHINGTON, D.C. — U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Committee on Rules and Administration and California’s former Secretary of State, urged the Office of Special Counsel (OSC) to move forward with its investigation into Hatch Act violations committed by senior Trump Administration officials at the White House and U.S. Department of Justice (DOJ) who have repeatedly pressured states to redistrict for partisan gain. The follow-up letter to his July inquiry calling for a Hatch Act investigation provides new evidence of White House officials violating the Hatch Act by pressuring Republican-states’ legislators and governors’ offices to pass additional partisan gerrymandering for their own partisan benefit, including in Indiana and Texas.

Padilla also highlighted evidence that White House officials are illegally using encrypted, private messaging services like Signal that automatically delete conversations in their partisan redistricting pressure campaign, violating federal records laws, and demanded that the OSC and the White House Counsel take immediate corrective action.

It is illegal under the Hatch Act for executive branch officials to use their public office to advance partisan political activities, which could include a partisan mid-cycle redistricting effort to advantage a political party. In response to Padilla’s previous letter that outlined Hatch Act violations in Texas and other Republican-led states, the Hatch Act Unit at the OSC confirmed in July they would open a file to address this potential violation. However, despite mounting evidence of additional violations, the OSC has yet to provide an update. Trump previously fired the Senate-confirmed OSC Special Counsel in February.

“Throughout the year, White House senior officials and others in the Trump Administration have been clearly and openly engaged in a political campaign to gain seats for the Republican Party in Congress via a rare and controversial mid-decade redistricting efforts in Texas and many other states,” wrote Senator Padilla. “Such efforts appear to violate the Hatch Act, which prohibits political activity, including ‘activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group.’”

“Your offices have a duty to act, not only to ensure that Administration officials follow the law, but to protect these public servants across the country from bearing the brunt of this apparently illegal activity in the current heighted political threat environment,” continued Senator Padilla.

Shortly after the OSC confirmed their investigation, President Trump told CNBC on August 5 that “we are entitled to five more seats,” referring to Republican Congressional districts in Texas. The Administration has also enacted an extreme partisan effort to pressure Indiana state legislators to redraw the Congressional map in favor of Republicans. Since then, at least 11 Indiana Republican elected officials have faced bomb and “swatting” threats. A Republican Indiana State Senator has refused White House staff’s requests to meet, publicly stating that their pressure campaign violates the Hatch Act, saying:

“[T]he underling who reached out to me is trying to influence the election on my dime. That individual works for me. He works for you. He’s on my payroll, he’s on your payroll, and he’s campaigning on company time. That’s a violation of the Hatch Act. He’s a federal employee. He works in the White House. But does anyone care about the rules anymore? Not that I can tell.”

Senator Padilla and Representative Zoe Lofgren (D-Calif.-18) are leading the Redistricting Reform Act of 2025 to establish independent redistricting commissions nationwide and neutralize Republican efforts to implement partisan racial gerrymanders before the next census. In July, Padilla convened a Rules and Judiciary Committee Democrats spotlight forum focused on racial gerrymandering and voter suppression. During the forum, he questioned former Attorney General Eric Holder on the Trump Administration’s efforts in Texas and other states to implement mid-decade racial redistricting for partisan political purposes.

Full text of the letter is available here and below:

Dear Mr. Baldis and Warrington:

On July 29, 2025, four U.S. Senators wrote to request U.S. Office of Special Counsel (OSC) investigate senior White House and Trump Administration officials for potential violations of the Hatch Act by engaging in partisan political activities while on official duty in the pursuit of mid-decade redistricting in various states across the country. On July 30, OSC confirmed receipt of the letter and informed my staff that they have opened a case file regarding these allegations. Today, I request an update on the status of that investigation and also bring attention to new potential violations of federal records laws associated with this partisan political effort.

Since that letter of July 29, there has been a steady stream of new evidence of ongoing engagement by senior White House staff in partisan political activities related to redistricting. The situation has escalated to such a level that the Office of Special Counsel and the Office of White House Counsel must take immediate action to ensure that senior Trump Administration officials cease this apparently illegal behavior.

On August 5, 2025, President Trump stated that “we are entitled to 5 more seats” regarding Republican congressional districts in Texas. Throughout the year, White House senior officials and others in the Trump Administration have been clearly and openly engaged in a political campaign to gain seats for the Republican Party in Congress via a rare and controversial mid-decade redistricting efforts in Texas and many other states. Such efforts appear to violate the Hatch Act, which prohibits political activity, including “activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group.”

In Texas, the Federal Bureau of Investigation responded to partisan requests and involved itself in mid-decade redistricting by participating in searching for Texas legislators who were not attending state legislative proceedings. In Indiana, the Administration is currently engaging in an extreme political pressure campaign targeting state legislators, which is associated with a rash of bomb and “swatting” threats against state elected officials.

The situation in Indiana is urgent and the credibility of the OSC is at stake. One state senator is publicly refusing to meet with White House staff because he understands that the effort is a violation of the Hatch Act. The State Senator stated:

“I refused (the invitation), but the underling who reached out to me is trying to influence the election on my dime. That individual works for me. He works for you. He’s on my payroll, he’s on your payroll, and he’s campaigning on company time. That’s a violation of the Hatch Act. He’s a federal employee. He works in the White House. But does anyone care about the rules anymore? Not that I can tell.”

This state legislator said he would have reported the alleged violation to federal authorities if he thought that there “was anyone of integrity in Washington that would follow through on my accusation.” Your offices have a duty to act, not only to ensure that Administration officials follow the law, but to protect these public servants across the country from bearing the brunt of this apparently illegal activity in the current heighted political threat environment.

In February, President Trump fired the last Director of the Office of Special Counsel, despite him being confirmed by the Senate in 2024 to serve a 5-year term to lead this independent office in a non-partisan way. In June, President Trump nominated Paul Ingrassia, an unfit and unqualified political loyalist, to that position. The Senate rejected that attempt on a bipartisan basis, highlighting the importance of this office’s mission and its independence. OSC should heed this message and act to ensure senior Trump officials follow the Hatch Act.

In addition, strong evidence shows that White House staff are engaging in these apparently unlawful partisan activities using official communications in violation of federal records laws. A Texas Republican political operative provided sworn testimony in federal court that the White House staff communicated about redistricting with state officials via the encrypted messaging application Signal, which can be set to automatically delete messages. A failure to preserve federal records and a failure to report the unlawful destruction of these records to the National Archives and Records Administration (NARA) are serious violations of law.

It is likely that Trump Administration staff are replicating these unlawful political activities, using unlawful means of communication, in many other states across the country, including Missouri, Florida, Ohio, North Carolina, Kansas and more. OSC and White House leadership should not tolerate or encourage repeated, blatant violations of the Hatch Act and federal records laws in pursuit of this unprecedented mid-decade redistricting campaign.

Thank you for your attention to these potential violations of federal law in pursuit of partisan mid-decade redistricting. Please respond by December 15, 2025, with an update on OSC’s investigation and any corrective action that the White House is taking regarding the Hatch Act and the Presidential Records Act.

###