Residency Challenge Targets Eric Swalwell — Petition Seeks To Disqualify Him From 2026 California Governor Race

A conservative filmmaker and activist has filed a legal petition alleging Rep. Eric Swalwell does not meet California's five‑year residency requirement to run for governor. The Jan. 8 filing, lodged by Joel Gilbert, cites public records and Swalwell's congressional financial disclosures from 2011–2024 as showing no California property ownership or leasehold interest in the congressman's name.

What the Petition Alleges

Gilbert's petition asks the California secretary of state to "fulfill her constitutional duty" by disqualifying Swalwell under the state constitution, which requires that a governor 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 also contends Swalwell listed his attorney's office address on campaign filings rather than a residential address, pointing to an office building in downtown Sacramento.

Representative Eric Swalwell, D-Calif., is suing a Trump official after he was criminally referred to the Department of Justice.(Getty Images)

Campaign Response

Swalwell's campaign dismissed the petition as a "nonsense claim" and said it expects to defeat the challenge. Campaign general consultant Kate Maeder said Swalwell "has always had a residence in the Bay Area, has always had a California driver’s license, paid California taxes," and noted security concerns for using an office address on filings after receiving death threats. Maeder also mocked the petitioner, saying his film about Elvis is a comedy and calling the allegation baseless.

"Since joining Congress, Eric Swalwell has always had a residence in the Bay Area. 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. This nonsense claim comes from a MAGA blogger who made a film claiming Elvis is alive. We look forward to beating him in court." — Kate Maeder, Swalwell campaign consultant

Petitioner’s Position

Gilbert said the campaign's references to driver’s licenses, taxes and local habits are "irrelevant and a smoke screen." He argued that candidates must prove residency on the state's candidate intention statement and that the secretary of state should respond to his petition. Gilbert has also linked the residency questions to a separate Department of Justice review into Swalwell's past mortgage filings.

Eric Swalwell (D-Calif.) speaks at a press conference on committee assignments.

Related DOJ Inquiry

In November 2025, the Department of Justice opened an inquiry into Swalwell's past mortgages to examine whether loans and refinancing relied on declarations that his primary residence was in Washington, D.C. The referral came from Federal Housing Finance Agency Director Bill Pulte; Swalwell has sued Pulte, alleging abuse of position in obtaining mortgage records related to multiple Democrats. Gilbert has pointed to that referral in arguing there are inconsistent records about Swalwell's primary residence.

What Could Happen Next

The petition asks an administrative response from the secretary of state and could lead to legal proceedings if it is accepted. The dispute adds a legal and political wrinkle to a crowded 2026 gubernatorial contest in which at least 10 candidates are expected to appear on the June nonpartisan primary ballot and Swalwell is often viewed as a front‑runner. Possible outcomes include dismissal of the petition, administrative action by election officials, or court review ahead of the primary.

Background: Swalwell has represented a California congressional district since 2013 and announced his campaign to succeed Gov. Gavin Newsom, whose second term ends in January 2027.