A legal storm is brewing in California’s gubernatorial race as U.S. Rep. Eric Swalwell faces a lawsuit questioning his eligibility to run.
Conservative activist Joel Gilbert filed a petition in Sacramento County against California Secretary of State Shirley Weber, alleging that Swalwell, a prominent Democrat and critic of President Donald Trump, does not meet the state’s five-year residency requirement under the California Constitution, citing public records that list Swalwell’s primary home as a $1.2 million property in Washington, D.C., and his campaign address as a law office in Sacramento.
The Daily Mail reported that Gilbert’s lawsuit claims that Swalwell, 45, signed a mortgage deed in April 2022 listing a six-bedroom mansion in Washington, D.C., shared with his wife Brittany Watts and their three children, as his “principal residence.”
Further, the suit argues that public records show no property ownership or leasehold interest by Swalwell in California, and his congressional financial disclosures from 2011 to 2024 list no real estate in the state.
On his Candidate Intention Statement filed recently, Swalwell listed an address in a Sacramento high-rise, which Gilbert contends is not a residence but the office of Swalwell’s campaign attorneys.
Gilbert asserts this filing, signed under penalty of perjury, constitutes a material misrepresentation of the candidate’s qualifications. He’s pulling no punches in his critique.
“Eric Swalwell has no California address,” Gilbert declared, driving home the core of his legal challenge.
The petition urges Weber to disqualify Swalwell from a crowded field of contenders, including Democrat Congresswoman Katie Porter, former Los Angeles Mayor Antonio Villaraigosa, and conservative commentator Steve Hilton.
Gilbert argues that allowing Swalwell to remain on the ballot would undermine voter trust and harm the integrity of the electoral process. It’s a bold claim, but one that resonates with those who value strict adherence to constitutional rules.
“So either he's guilty of mortgage fraud in Washington, DC, or he's ineligible to run for Governor of California, he can't have it both ways,” Gilbert added, framing the issue as a no-win situation for the candidate.
Swalwell, a favorite in the race with endorsements from left-wing celebrities like Sean Penn and Robert De Niro, has built a reputation on progressive policies and sharp criticism of Trump-era policies on issues like immigration enforcement.
Yet, his past includes scrutiny over an alleged connection to Christine Fang, a suspected Chinese operative who reportedly worked on his 2014 re-election campaign before disappearing a year later.
Though a two-year probe found no grounds for further action, the 2020 scandal cost him a seat on the House Intelligence Committee, and it remains a sore spot for critics.
With this residency lawsuit, Swalwell faces yet another hurdle that could derail his bid to succeed Gov. Gavin Newsom, raising questions about whether his political ambitions align with the letter of the law.
