By CABayNews Staff
A new legal challenge is raising questions about whether Rep. Eric Swalwell meets California’s constitutional requirements to run for governor in 2026 — injecting early legal uncertainty into a race that is still taking shape.
The lawsuit, filed in Sacramento Superior Court, seeks to block Swalwell’s candidacy on the grounds that he does not satisfy the state’s five-year residency requirement for gubernatorial candidates.
What the Lawsuit Claims
The case was filed by conservative activist and filmmaker Joel Gilbert, who argues that Swalwell has not been a California resident for the five consecutive years immediately preceding the election, as required by the California Constitution.
Specifically, the petition alleges:
- Swalwell has been living primarily in Washington, D.C., not California.
- He has no documented ownership or leasehold interest in California property during the relevant period.
- A Washington, D.C. mortgage document from 2022 lists a D.C. home as his “principal residence.”
Gilbert argues that these records undermine Swalwell’s claim of continuous California residency.
Focus on Candidate Filing Address
The lawsuit also highlights Swalwell’s Candidate Intention Statement (Form 501), a required filing for statewide candidates that is signed under penalty of perjury.
On that form, Swalwell listed a Sacramento address on Capitol Mall. The lawsuit contends that the address is a commercial office location, not a personal residence, and is associated with legal or campaign operations rather than housing.
The filing argues that listing a non-residential office as a home address raises questions about whether the form accurately reflects Swalwell’s residency status.
Swalwell has not publicly addressed the specific address issue in detail, but his campaign has broadly dismissed the lawsuit as politically motivated.
Residency Rules and Legal Context
California’s Constitution requires that candidates for governor be U.S. citizens and residents of the state for five years immediately before the election. While the requirement is clearly stated, residency challenges are relatively rare and often difficult to win.
Courts typically evaluate residency by looking at multiple factors, including:
- Voter registration
- Tax filings
- Declared intent
- Length and continuity of political and professional ties to the state
Swalwell has represented a Bay Area congressional district for more than a decade and remains registered to vote in California, factors that could weigh heavily in his favor if the case proceeds.
What the Court Is Being Asked to Do
The lawsuit asks the court to order the California Secretary of State — Shirley Weber — to decline certification of Swalwell as a gubernatorial candidate unless he is found to meet the constitutional residency requirement.
No ruling has been issued, and no hearing date has been announced as of mid-January.
Why This Matters for California Voters
Even if the lawsuit ultimately fails, it raises broader questions about how California enforces candidate eligibility rules — and whether those standards are applied consistently.
For voters, the case highlights a recurring tension in state politics: constitutional requirements that exist on paper but are rarely tested until a high-profile race brings them into focus.
What Comes Next
The court will first decide whether the case moves forward procedurally. If it does, further filings or evidentiary disclosures could follow. Swalwell’s campaign continues as planned, but the lawsuit ensures that residency — rather than policy — will remain part of the early conversation in California’s 2026 governor’s race.
CaBayNews will continue tracking developments as the case progresses.
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