SACRAMENTO, 2026-01-20 13:51:00 — Democratic Congressman Eric Swalwell is facing a lawsuit alleging he does not meet the residency requirements to run for California governor.
A conservative filmmaker is challenging Swalwell’s eligibility, claiming the congressman maintains a primary residence in Washington, D.C.
- A lawsuit filed Friday by Joel Gilbert alleges Swalwell does not live in California.
- The California Constitution requires gubernatorial candidates to be residents of the state for five years prior to the election.
- Swalwell’s campaign says the lawsuit is without merit and comes from a political opponent.
The lawsuit, filed Friday by Joel Gilbert, claims Swalwell has not lived in California for years and instead maintains his primary residence in Washington, D.C., according to reporting from ABC10. Gilbert is calling on Swalwell to end his campaign.
Swalwell responded to the allegations on social media, stating he is confident the lawsuit will not hold up in court and that he plans to fight it.
Under the California Constitution, candidates for governor must be a United States citizen, a registered voter in California, and a resident of the state for five years leading up to the election, legislative analyst Chris Micheli told ABC10.
Swalwell, a Democrat, is currently leading the gubernatorial race within his party. He has also been the target of allegations by former President Donald Trump related to mortgage fraud, which Swalwell denies.
“I don’t wake up to fight Donald Trump; I wake up to fight for Californians,” Swalwell said in November 2025.
Gilbert claims Swalwell owns a home in Washington, D.C., has not had a permanent residence in California for years, and listed an office building in Sacramento as his home address on his candidate intention form. He has posted the lawsuit and related filings on a website dedicated to the challenge.
Micheli clarified that residency rules do not require a candidate to be physically present in the state every day of the year. “Residency doesn’t require that you are in the state 365 days out of the year,” he said. “Residency is primarily based on one’s intent to be a resident of that state.”
Gilbert argues these circumstances should disqualify Swalwell from the race. Swalwell countered on X, formerly known as Twitter, stating that members of Congress from California often maintain residences in both California and Washington, D.C., and that he would defeat the lawsuit in court.
Gilbert responded by claiming Swalwell falsified documents by not having an official California home address and by declaring his Washington, D.C., home as his principal residence, alleging that alone makes Swalwell ineligible to run.
Micheli said a judge will ultimately decide the case but believes Swalwell has a strong argument.
“Born and raised in Dublin, California in the East Bay, and where he served, for example, on the city council, and obviously, that is the home base of his congressional district, CD 14,” Micheli said. “I think he’s going to demonstrate that he’s been, essentially, a lifetime resident of that area.”
Why It Matters
The lawsuit raises questions about the eligibility requirements for candidates seeking office in California. While the definition of “residency” can be complex, the case could set a precedent for future challenges to candidates’ qualifications. The outcome of this legal battle could significantly impact the upcoming gubernatorial election, potentially altering the field of contenders and influencing the race’s trajectory.
Swalwell’s campaign consultant provided a statement to ABC10: “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. 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. This nonsense claim comes from a MAGA blogger who made a film claiming Elvis is alive. We look forward to beating him in court. Swalwell has represented his Congressional district since the 2012 election and before that he was on the Dublin City Council and planning commission. It is perfectly normal for campaigns to list their treasurer’s or lawyer’s address on these types of forms.”
ABC10 reached out to Gilbert for comment, but he did not respond.
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The California Constitution does not specify a minimum number of days a candidate must spend in the state to qualify as a resident, focusing instead on intent.
