California Rep. Eric Swalwell, a Democrat and known critic of President Trump, is now facing legal issues after a conservative activist filed a petition questioning his eligibility to run for governor of California. The argument is that Swalwell doesn’t actually reside in the state.
This petition was submitted on January 8 by Joel Gilbert, a filmmaker and activist. It claims that a review of public records has shown that Swalwell has no current ownership or even a lease in California. It also points out that from 2011 to 2024, Swalwell’s financial disclosures did not list any real estate owned in California.
In response, Swalwell’s campaign has dismissed the legal challenge as a ridiculous notion, expressing confidence that they will prevail in court.
Swalwell has been serving in the California State Assembly since 2013 and recently announced his candidacy to take over from Gov. Gavin Newsom when his term concludes in January 2027. The upcoming primary is already shaping up to be competitive with a minimum of ten candidates expected to participate.
Swalwell is seen as a leading candidate, but the petition raises questions about his residency. It notes that his campaign filings listed his law firm’s address instead of a California residence, indicating an office building in Sacramento as his address.
According to state law, candidates for governor must have lived in California for five years before the election. The legal filing outlines these residency requirements based on California’s Constitution.
When asked for comment, a consultant for Swalwell’s campaign stated that he has always lived in California and pointed out that due to receiving numerous death threats, he opted to use his attorney’s address for safety reasons.
Swalwell’s campaign consultant emphasized that he has consistently paid California taxes and holds a California driver’s license, going so far as to share how he enjoys his mornings at a local donut shop. This complaint, they argue, stems from a partisan blogger with dubious credibility.
On the other hand, Gilbert insists that Swalwell’s assertions about residency and taxes are simply a distraction from the main point. His petition argues that Swalwell’s eligibility needs to be scrutinized under state law.
Complicating matters, Swalwell has been under investigation by the Department of Justice concerning his mortgage dealings, particularly whether he falsely claimed his primary residence was in Washington, D.C. while obtaining substantial loans.
Gilbert succinctly remarked that Swalwell can’t claim to live in two places at once—he either committed mortgage fraud or can’t run for governor.
The longstanding political feud between Swalwell and Trump dates back to the former president’s first term when Swalwell was vocal in his criticism and took part in the impeachment process.
