Petition Challenges Swalwell’s Eligibility for California Governor Over Residency
A conservative activist has filed a Jan. 8 petition asking California’s secretary of state to disqualify Democratic Rep. Eric Swalwell from the 2026 governor’s race, arguing he fails the state constitution’s requirement that governors be residents of California for the five years before election. Filmmaker Joel Gilbert’s filing, cited by Fox News and the New York Post, says public records show no California property ownership or lease in Swalwell’s name and notes that his campaign paperwork lists his attorney’s Sacramento office rather than a home address. Swalwell’s campaign calls the challenge a “nonsense claim” from a “MAGA blogger,” saying he has continuously maintained a Bay Area residence, holds a California driver’s license, pays California taxes and used the office address because of thousands of death threats. State law leaves enforcement of the residency requirement to election officials and the courts, setting up a potential legal test of how strictly California will police eligibility in a crowded, high‑stakes contest to replace Gov. Gavin Newsom in 2026. The episode fits a wider pattern of partisan groups using technical ballot‑access challenges against prominent candidates as gubernatorial and presidential cycles heat up.
📌 Key Facts
- Joel Gilbert filed a petition on Jan. 8 contending Eric Swalwell is ineligible to run for California governor because he is not a state resident under the five‑year requirement in the California Constitution.
- The petition says public records show no California real estate ownership or leasehold interest for Swalwell and notes he listed his attorney’s Sacramento office, not a residential address, on campaign filings.
- Swalwell’s campaign consultant Kate Maeder responded that he has always had a Bay Area residence, California driver’s license and California tax payments, and used the office address due to death threats, calling the filing a baseless attack from a pro‑Trump activist.
📊 Relevant Data
In California, 'residence' for voting and electoral eligibility purposes is defined as a person's domicile, which is the place where their habitation is fixed and to which they intend to return whenever absent, regardless of property ownership.
California Elections Code § 349 (2024) — Justia Law
Eric Swalwell purchased a $1.2 million home in Washington, D.C., in 2021 and declared it as his primary residence on mortgage applications to obtain favorable loan terms, leading to a DOJ investigation for potential mortgage fraud.
Eric Swalwell’s $1.2 million DC home target of DOJ mortgage fraud criminal referral — New York Post
California's Hispanic or Latino population increased from 38.2% in 2013 to 39.4% in 2023, while the non-Hispanic White population decreased from 38.8% to 34.7%, with per capita growth rates showing Hispanics comprising about 40% of the state's population compared to their 19% national share.
Demographics of California — Wikipedia
📰 Source Timeline (1)
Follow how coverage of this story developed over time