New Declarations Bolster Swalwell's California Residency as Steyer's Petition Draws Privacy Backlash

A sworn declaration obtained by CBS News' California Investigates unit strengthens Rep. Eric Swalwell's claim that he is a California resident, even as fellow Democratic gubernatorial candidate Tom Steyer faces criticism for publishing Swalwell's home address in a petition challenging his eligibility to run for governor.

Landlord's Sworn Statement

The declaration, filed March 6, was submitted by Swalwell's Livermore landlord, who says under penalty of perjury that the congressman has rented and occupied her property since 2017. She attests that Swalwell stores substantial personal belongings at the residence, receives mail there and is registered to vote at that address.

Swalwell also provided his own sworn statements noting that he holds a California driver's license and maintains an active license with the State Bar of California; public records show his law license has been active since his admission in 2006.

Rival Campaign Raises Residency Questions

The declarations were filed a day after Tom Steyer — the billionaire climate activist and a Democratic candidate for governor — petitioned the California Secretary of State to "enforce the (residency) requirements of the California Constitution," urging "robust legal proceedings as to whether Swalwell is eligible to serve as Governor." The petition was first published by Politico.

Steyer's filing contends Swalwell "appears to live in California on paper only," and therefore may not meet the state constitution's five-year residency requirement for gubernatorial candidates. The petition included Swalwell's Livermore address and public records connecting the landlord to relatives and to Swalwell's former deputy chief of staff and district director.

Ongoing Lawsuit

The new declarations were submitted in the context of an active lawsuit filed by conservative filmmaker Joel Gilbert, who separately challenges Swalwell's residency. Gilbert argues that filings listing a business address tied to Swalwell's attorney create doubt about whether the congressman continued to reside in California after 13 years in Congress.

Contested, Largely Unenforced Rule

The dispute centers on a five-year residency requirement in the California Constitution. For years, the Secretary of State's office has advised that the provision likely conflicts with the U.S. Constitution and is therefore unenforceable — language that appears in the office's official "Summary of Qualifications" for governor. Steyer's campaign says the requirement should be enforced or clarified to prevent future legal uncertainty.

Privacy And Safety Concerns

Steyer's petition included Swalwell's full Livermore address, prompting concern from Swalwell's campaign and allies about the congressman's safety and his ability to continue renting the property. Swalwell's campaign consultant, Kate Maeder, called the publication of the address "negligent and thoughtless," noting Swalwell has faced numerous threats tied to his national profile.

"With so much at stake in this election and this administration making anti-democratic moves all across the country, we hope that the Congressman can resolve this issue to avoid Donald Trump or Republican extremists exploiting it down the line," a Steyer campaign spokesperson told CBS News California Investigates.

Reactions And Next Steps

Eleven Democratic members of California's congressional delegation signed a letter condemning Steyer's residency challenge. Legal questions about the enforceability of the five-year residency requirement remain unresolved and are likely to be litigated further in the courts. For now, Swalwell's recent sworn declarations aim to counter challenges to his eligibility, while critics continue to criticize the privacy implications of publicizing his home address.