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Conservative Activist Challenges Swalwell’s Eligibility in California Governor Race
A conservative filmmaker has filed a legal petition claiming Democratic California Representative Eric Swalwell is ineligible to run for governor, arguing the congressman doesn’t actually reside in the state he seeks to lead.
Joel Gilbert, the activist behind the challenge, submitted a petition on January 8 asserting that Swalwell fails to meet California’s constitutional requirement that gubernatorial candidates must be residents of the state for five years preceding their election.
“Public records searches reveal no current ownership or leasehold interest held by Eric Swalwell in California, nor any history of any ownership of leasehold interest based on available public records,” Gilbert’s petition states, according to the New York Post. He further alleges that “Swalwell’s congressional financial disclosures from 2011 to 2024 list no California real estate ownership.”
The petition also claims Swalwell listed his attorney’s office address in downtown Sacramento on campaign filings rather than a residential California address, further questioning his residency status.
Swalwell’s campaign has forcefully dismissed the challenge as baseless. Kate Maeder, a campaign consultant, told Fox News Digital: “Since joining Congress, Eric Swalwell has always had a residence in the Bay Area. He has always had a California driver’s license, paid California taxes, and starts his California mornings with Johnny’s Donuts maple bars in Dublin.”
Maeder explained that the congressman listed his attorney’s address on campaign filings due to security concerns: “Because of the thousands of death threats the Congressman has received, it is perfectly legal to list a campaign office as the address for his legal filings.”
The residency challenge comes at a pivotal moment for Swalwell, who has served as a California congressman since 2013 and is considered a front-runner in the crowded race to succeed Democratic Governor Gavin Newsom when his second term ends in January 2027. At least ten candidates are expected to appear on the ballot in the nonpartisan primary scheduled for June.
California’s constitution clearly states: “The governor shall be an elector who has been a citizen of the United States and a resident of this state for 5 years immediately preceding the governor’s election.”
Gilbert’s petition urges California’s secretary of state to “fulfill her constitutional duty” and disqualify Swalwell from the race. Gilbert disputed Swalwell’s campaign response, noting the filing is directed at the secretary of state rather than being a lawsuit against Swalwell personally.
This residency challenge coincides with other legal issues facing Swalwell. In November 2025, the Department of Justice opened an investigation into the congressman’s past mortgages, examining allegations that millions of dollars in loans and refinancing were secured based on Swalwell declaring Washington, D.C. as his primary residence.
The mortgage probe emerged following President Donald Trump’s return to office, when Swalwell, Democratic California Senator Adam Schiff, and New York Attorney General Letitia James were all referred to the DOJ over allegations of mortgage fraud.
In response, Swalwell filed a lawsuit against Federal Housing Finance Agency Director Bill Pulte, who referred him to the DOJ, claiming Pulte abused his position to obtain mortgage records of multiple Democrats.
“Either he’s guilty of mortgage fraud in Washington, DC, or he’s ineligible to run for governor of California,” Gilbert told the Daily Mail. “He can’t have it both ways.”
The controversy adds another chapter to the long-running political rivalry between Swalwell and Trump. Swalwell emerged as one of Trump’s most vocal congressional critics during the former president’s first term and served as a House impeachment manager, cementing their adversarial relationship.
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13 Comments
As someone with an interest in mining and energy issues, I’m curious to see how this residency challenge might impact Swalwell’s policy positions and priorities if he were to become governor. Those sectors are important to California’s economy.
That’s a good point. Swalwell’s background and stance on mining, energy, and natural resource issues could be quite relevant if he advances in the gubernatorial race, regardless of the residency matter.
This looks like a classic political battle, with each side trying to gain an advantage. I’d encourage voters to seek out objective information and analysis from reputable sources before forming their own conclusions about Swalwell’s eligibility and qualifications.
The allegations about Swalwell’s lack of real estate ownership and use of an attorney’s office address are certainly concerning if true. Voters should be able to trust that candidates meet the basic legal requirements to run. However, I’d want to hear Swalwell’s side of the story before passing judgment.
Agreed. There are always two sides to these types of disputes, and the final determination should be based on a full examination of the evidence, not just one side’s claims.
Interesting legal challenge to Swalwell’s residency for the California gubernatorial race. Seems like the conservative activist is really digging into his public records and financial disclosures to make the case he doesn’t actually live in the state. Curious to see how this plays out.
You raise a good point. The residency requirements for gubernatorial candidates are important, so this challenge warrants close scrutiny of the evidence.
This appears to be a politically-charged issue, with a conservative activist targeting a Democratic candidate. I’d want to see more impartial analysis before drawing any conclusions about Swalwell’s eligibility. Residency requirements can be tricky to determine definitively.
That’s a fair assessment. These kinds of eligibility challenges often have partisan undertones, so it’s wise to approach them cautiously and wait for a more thorough review of the facts.
The mining and energy sectors will certainly be watching this case closely, as Swalwell’s eligibility and policy positions could have significant implications for those industries in California. I’ll be keeping an eye on developments in this story.
As an observer of California politics, I’m curious to see how this residency issue unfolds. Swalwell is a high-profile Democratic figure, so this could become a heated battle. It will be interesting to see if the evidence presented holds up under scrutiny.
Residency requirements can be tricky, especially for politicians who may split their time between the state they represent and other locations. I hope this challenge is resolved through a fair and thorough process that gives Swalwell a chance to address the allegations.
This is a complex issue that highlights the importance of clear and enforceable residency requirements for elected officials. I hope the legal process provides a fair and transparent resolution that upholds the integrity of California’s electoral system.