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Eric Swalwell hit with lawsuit, explosive claim about his living arrangements

January 19, 2026 | | Print Article

The gubernatorial race in California has hit a speed bump as one Democratic candidate’s eligibility has been called into question.

U.S. Rep. Eric Swalwell may be looking to fill Gov. Gavin Newsom’s shoes, but a new lawsuit contends his address may be a disqualifier. In a court complaint filed in Sacramento, conservative activist and filmmaker Joel Gilbert claimed that Swalwell has listed his Washington, D.C. home as his primary address, and according to California law, candidates must have resided in the state for the previous five years to qualify for the top office.

“Public records searches reveal no current ownership or leasehold interest held by Eric Swalwell in California, nor any history of any ownership or leasehold interest based on available public records,” the lawsuit reads. “Swalwell’s congressional financial disclosures from 2011 to 2024 list no California real estate ownership.”

“Swalwell’s declared principal residence in Washington, D.C., coupled with his absence of any California residence, defeats California domicile. Once ballot preparation or certification deadlines pass, no post-hoc judicial remedy can restore a lawful ballot,” the filing continues.

The five-page petition for writ of mandate was filed against Swalwell and California Secretary of State Shirley Weber. It accuses the leftist congressman of perjury and claims that the address he declared in a campaign filing on Dec. 4 is an office belonging to his lawyer.

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“The governor shall be an elector who has been a citizen of the United States and a resident of this state for 5 years immediately preceding the governor’s election,” the filing said, citing Article V, section II, of the California Constitution.

The 45-year-old California lawmaker, who has been a vocal critic of President Donald Trump, was born in Iowa but raised in California, and was elected to the U.S. House of Representatives in 2012, where he has represented the San Francisco Bay Area.

He responded to Gilbert on social media to a post about the lawsuit.

“Eric Swalwell has no California address,” Gilbert told the Daily Mail.

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“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,” he added. “Congressional candidates don’t have to live in the specific district they represent, but they do have to live in the same state.”

Swalwell announced his gubernatorial bid while appearing on “Jimmy Kimmel Live! ” in November.

The Democrat “had an opportunity to respond to Gilbert’s allegations when the filmmaker attended his town hall earlier this month at Santa Monica High School,” according to the Daily Mail. “Instead, Gilbert claims ‘three goons’ surrounded him and kicked him out before he had a chance to speak.”

“He only took eight questions, then cut it off. I was in the photo line when they approached me and asked me what my plan was,” Gilbert recounted.

“I said I wanted to take a picture with the congressman. They said they weren’t going to allow that and told me I had to leave,” he added. “I believe Swalwell recognized me, and he was afraid of answering questions.”

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Gilbert’s lawsuit is asking Weber to “fulfill her constitutional duty” and disqualify Swalwell or else risk causing “irreparable harm” to California voters and would “undermine ballot integrity.”

Frieda Powers
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