California Congressman Eric Swalwell, a top Democratic contender to succeed Gov. Gavin Newsom, is facing a serious legal challenge that could derail his 2026 gubernatorial bid.
Conservative activist and filmmaker Joel Gilbert filed a lawsuit in Sacramento on Jan. 8, arguing that Swalwell does not maintain a primary residence in California, a requirement under state law.
The lawsuit claims that the address Swalwell listed in a December campaign filing is not a home but the office of his attorney. Gilbert says public records show no property ownership or leasehold interest for Swalwell in California.
According to the complaint obtained by the New York Post, Swalwell’s congressional financial disclosures from 2011 through 2024 list no real estate in the state.
Instead, Gilbert points to a $1.2 million, six-bedroom Washington, D.C., home shared with Swalwell’s wife, Brittany Watts, and their three children.
Mortgage documents filed in April 2022 list the property as the couple’s primary residence.
“Either he’s guilty of mortgage fraud in Washington, DC, or he’s ineligible to run for governor of California,” Gilbert told the Daily Mail. “He can’t have it both ways.”
California law requires gubernatorial candidates to have lived in the state for at least five years immediately preceding the election.
Gilbert’s lawsuit asks Secretary of State Shirley Weber to bar Swalwell from appearing on the ballot, alleging he failed to meet the constitutional residency requirement and filed materially false candidate information under penalty of perjury.
Swalwell, 45, has represented California’s San Francisco Bay Area in Congress since 2013 and previously served on the Dublin City Council, elected in 2010.
He announced his gubernatorial campaign last November on Jimmy Kimmel Live! and has been endorsed by liberal celebrities, including Sean Penn and Robert De Niro.
The congressman has faced additional scrutiny over past controversies, including an alleged connection to Christine Fang, a purported Chinese intelligence operative.
That matter led to his removal from the House Intelligence Committee, though a two-year investigation concluded with no further action.
Critics argue these past controversies, coupled with the current residency challenge, raise serious questions about his suitability for the state’s highest office.
Gilbert claims he attempted to question Swalwell at a recent Santa Monica town hall but was removed before he could ask anything.
“I was in the photo line when they approached me… I believe Swalwell recognized me and was afraid of answering questions,” Gilbert said.
The lawsuit seeks a court order preventing Secretary of State Weber from certifying Swalwell as a candidate, warning of “irreparable harm” to voters and threats to ballot integrity.
Gilbert emphasized that the crowded Democratic field—including Rep. Katie Porter and former Los Angeles Mayor Antonio Villaraigosa—makes eligibility disputes especially consequential.
He argues that allowing Swalwell to remain on the ballot without clarification could undermine confidence in the election process.
Conservative analysts stress that enforcing residency rules is essential to protecting election integrity and ensuring candidates meet constitutional requirements.
With the 2026 gubernatorial election approaching, Swalwell now faces not only scrutiny over his past controversies but also a legal challenge that could prevent him from appearing on the ballot.
How the courts rule could dramatically reshape the Democratic primary and the statewide race.
