Court filing challenges Rep. Swalwell’s eligibility for California governor race

 January 19, 2026

Could a handshake at a town hall event unravel a political career?

Democratic Rep. Eric Swalwell, often seen as a potential successor to Gov. Gavin Newsom, faces a legal challenge to his bid for California governor. Right-wing pundit and filmmaker Joel Gilbert filed a court complaint in Sacramento on Jan. 8, alleging that Swalwell does not meet the state’s residency requirements. The petition claims Swalwell primarily resides in Washington, D.C., and seeks to have him removed from the ballot.

Swalwell, a married father of three who was born in Iowa but raised in California, has served in Congress since 2013 after being elected to the Dublin, California, city council in 2010. Gilbert’s filing cites public records and congressional financial disclosures from 2011 to 2024, asserting that Swalwell holds no property or lease in California. Representatives for Swalwell did not immediately respond to requests for comment on the matter.

Residency Rules Under Scrutiny

The issue has sparked debate over what constitutes residency for political candidates in today’s mobile world. Long-serving members of Congress often maintain homes in both Washington, D.C., and their home states, blurring the lines of legal domicile. Gilbert’s challenge, however, aims to draw a hard line under California law, according to the New York Post.

Under Article V, Section II of the California Constitution, a governor must be a U.S. citizen and a resident of the state for five years before the election. Gilbert argues that Swalwell fails this test, pointing to a campaign filing address from Dec. 4 that allegedly belongs to Swalwell’s lawyer, not a personal residence. This raises questions about whether technicalities or intent should define eligibility.

“Public records searches reveal no current ownership or leasehold interest held by Eric Swalwell in California,” Gilbert stated in his Jan. 8 petition.

Gilbert’s Case Gains Attention

Gilbert, a known conservative activist, isn’t backing down from his push to disqualify Swalwell. “Either he’s guilty of mortgage fraud in Washington, D.C., or he’s ineligible to run for governor of California,” he told the Daily Mail. That’s a bold accusation, but it underscores a deeper concern about accountability in politics.

Swalwell, a vocal critic of President Trump, entered the governor’s race last year as Gov. Newsom, elected in 2018 and re-elected four years later, faces term limits. With Newsom reportedly eyeing a presidential run, the stakes for this seat are sky-high. Who fills that void matters to Californians tired of disconnected leadership.

Look at the broader picture: California’s progressive policies often clash with the values of many heartland voters. If Swalwell can’t prove his roots in the state, it fuels the narrative of an out-of-touch elite. That’s not just a legal problem; it’s a trust issue.

Legal Battle Could Reshape Race

Gilbert’s handshake with Swalwell at a town hall event earlier this month might have been cordial, but his court filing is anything but. He’s asking for Swalwell to be “knocked off” the ballot, a move that could upend the Democratic strategy. This isn’t personal—it’s about principle.

California deserves leaders who live its struggles, not just campaign on them. If public records indeed show no property ties, as Gilbert claims, then Swalwell’s team has some explaining to do. Voters aren’t asking for perfection, just transparency.

Contrast this with the reality of congressional life—dual residences are common for lawmakers. But common doesn’t mean acceptable when state law sets a clear bar. Shouldn’t the rules apply equally, whether you’re a small-town mayor or a national figure?

What’s Next for Swalwell?

The court’s decision on Gilbert’s petition could set a precedent for how residency is interpreted in future races. It’s not just about Swalwell; it’s about ensuring the system isn’t gamed by those with deep D.C. ties. Californians deserve clarity on this.

Meanwhile, the silence from Swalwell’s camp speaks volumes. If there’s a simple explanation—a lease, a family home, anything—why not provide it? Stonewalling only deepens skepticism among voters already weary of political double standards.

This case isn’t about tearing anyone down; it’s about holding public servants to the same standards they champion. If Gilbert’s claims hold water, California might need to rethink who truly represents its future. And if they don’t, Swalwell still owes the public a straightforward answer.

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