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Sworn Declarations Bolster Swalwell Residency as Steyer Challenge Sparks Privacy Backlash

A sworn declaration from Rep. Eric Swalwell’s Livermore landlord, filed March 6 and obtained by CBS News California Investigates, states under penalty of perjury that the congressman has rented and lived at her Livermore, California property since 2017, keeps significant belongings there, receives mail there, and is registered to vote at that address. Swalwell also filed his own declaration noting he holds a California driver’s license and has maintained an active California law license since 2006, reinforcing his claim that he satisfies the state’s five‑year residency requirement for governor. The filings come after Democratic rival Tom Steyer petitioned the California Secretary of State to enforce that residency clause—despite the office’s long‑standing view that it is unconstitutional and unenforceable—and publicly argued Swalwell only "lives in California on paper," while exposing his home address and detailed information about his landlord and her relatives, drawing criticism over privacy and security. Steyer’s lawyers further contend that any ambiguity over Swalwell’s eligibility could give President Trump an opening to challenge a Swalwell governorship, potentially complicating deployment of the California National Guard or access to federal funds in a confrontation with Washington. The declarations are also being used in a separate lawsuit by conservative filmmaker Joel Gilbert, who similarly questions Swalwell’s residency after he listed a business address on a campaign form, turning an obscure, rarely enforced state constitutional clause into a live legal and political weapon in one of the country’s highest‑profile gubernatorial races.

California Governor’s Race State Election Law and Residency Challenges

📌 Key Facts

  • Swalwell’s landlord filed a March 6 sworn declaration saying he has rented and lived at her Livermore home since 2017, keeps belongings there, receives mail, and is registered to vote at that address.
  • Swalwell submitted his own declaration citing his California driver’s license and active California State Bar membership, with bar records confirming he has been licensed since 2006.
  • Tom Steyer petitioned the California Secretary of State to enforce the state constitution’s five‑year gubernatorial residency requirement, publicly arguing Swalwell appears to live in California only "on paper" and revealing his home address and landlord’s personal and financial records.
  • The California Secretary of State has long held the five‑year residency requirement is unconstitutional and unenforceable, but Steyer argues it should be enforced or clarified to head off potential federal challenges under President Trump.
  • Conservative filmmaker Joel Gilbert has a separate ongoing lawsuit challenging Swalwell’s residency, partly because Swalwell listed a business address on his candidate intention statement.

📊 Relevant Data

Durational residency requirements can violate the right to interstate travel under the U.S. Constitution, as established in Supreme Court cases like Saenz v. Roe (1999), which invalidated California's one-year residency requirement for full welfare benefits on equal protection grounds.

Residency Requirements and Interstate Travel | U.S. Constitution Annotated — Cornell Law School Legal Information Institute

Between 2010 and 2022, the Hispanic/Latino share of California's population increased from 37.6% to 40.3%, while the White (non-Hispanic) share decreased from 40.2% to 34.7%, reflecting ongoing demographic shifts driven largely by immigration and differing birth rates.

California population by year, county, race, & more — USAFacts

The Immigration and Nationality Act of 1965 eliminated national origin quotas, leading to increased immigration from Asia and Latin America, which has contributed to California's foreign-born population reaching 27%—the highest of any state—with leading origins from Mexico (38%), the Philippines (8%), China (7%), India (5%), and Vietnam (3%).

Race and Diversity in the Golden State — Public Policy Institute of California

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