Rep. Swalwell’s eligibility for governor questioned in lawsuit

East Bay Rep. Eric Swalwell, a leading Democratic candidate for governor, is facing a legal challenge that could threaten his place on California’s 2026 ballot, as a conservative filmmaker claims the congressman does not meet the state’s residency requirements.

The legal filing by Joel Gilbert claims that Swalwell lives in Washington D.C. and fails to satisfy the residency requirement to run for California governor.

Qualifications for the office of governor and lieutenant governor listed by the the Secretary of State note that the California Constitution requires California residency for five years, but adds that “it is the legal opinion of this office that this provision violates the U.S. Constitution and is unenforceable.”

Gilbert’s filing however argues the “Secretary of State lacks authority to nullify, suspend, or disregard a constitutional provision absent a judicial determination invalidating that provision.”

Swalwell has described the allegations as baseless.

“Since joining Congress, Eric Swalwell has always had a residence in the Bay Area,” Swalwell’s campaign wrote in a statement. “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.”

On Jan. 16, Gilbert filed a petition for a writ of mandate in Sacramento County Superior Court, which, if upheld by a judge, would compel California’s Secretary of State to remove Swalwell from the ballot. Gilbert’s petition cites Swalwell’s filing for governor that lists his Sacramento office at 400 Capitol Mall, Suite 2400 in Sacramento as his home address.

Swalwell’s campaign said he listed the Sacramento address “(b)ecause of the thousands of death threats the Congressman has received,” adding that “it is perfectly legal to list a campaign office as the address for his legal filings.”

Swalwell is also the subject of a Department of Justice probe related to his Washington, D.C. home. Federal Housing Finance Agency Director William Pulte on Nov. 13, 2025 urged the U.S. Department of Justice to investigate allegations of mortgage fraud involving Swalwell’s listing of the home at the nation’s capital as his primary residence.

Swalwell has sued Pulte for violations of his privacy and First Amendment rights and calling the allegations “patently false.”

But Gilbert believes his legal filing creates a Catch-22 for the California District 14 representative. Public records show that Swalwell’s primary address is in Washington D.C. and Swalwell’s campaign did not clarify if a California address had been scrubbed for privacy and safety reasons.

“Either he’s committing mortgage fraud in Washington, DC, or he’s ineligible to run for governor,” Gilbert said. “He can’t have it both ways.”

Gilbert, whose films frequently promote conspiracy theories about public figures, has previously produced works claiming President Barack Obama’s biological father was a communist labor organizer and suggesting Elvis Presley and Paul McCartney faked their deaths. He has discussed those claims on the conspiracy website Infowars.

In December, an Emerson College poll found Swalwell leading among the Democratic candidates with 12%.

Swalwell and Gilbert have sparred on social media over the residency allegations.

“You can take down this bullsh*t or hire the best lawyer you can afford,” Swalwell wrote on Jan. 16 in a reply to Gilbert on X. “You have 24 hours. Tick tock.”

Gilbert deleted the post the following day.

“Stay on offense my friends,” Swalwell replied.