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Eric Swalwell’s California gubernatorial bid faces potential disqualification after a lawsuit exposes his D.C. mansion as his true home, raising perjury charges and residency violations.

Story Snapshot

Conservative activist Joel Gilbert sues to block U.S. Rep. Eric Swalwell from the 2026 California governor’s race over failing the five-year residency rule.
Swalwell filed candidacy papers using a Sacramento law office address while public records show no California property ownership and a D.C. home as his principal residence.
The suit accuses Swalwell of perjury on official forms, seeking court-ordered disqualification by Secretary of State Shirley Weber.
Filed January 18, 2026, this challenge highlights inconsistencies in Swalwell’s Bay Area congressional filings amid his anti-Trump campaign launch.

Lawsuit Targets Swalwell’s Residency

Joel Gilbert, a conservative filmmaker, filed a petition for writ of mandate in Sacramento County Superior Court on January 18, 2026. The suit challenges Eric Swalwell’s eligibility under California Constitution Article V, Section 2, which requires gubernatorial candidates to reside in the state for five years before the election. Gilbert argues Swalwell’s December 4, 2025, Candidate Intention Form 501 lists a non-residential Sacramento business suite—his campaign attorneys’ office—signed under penalty of perjury. Public records and congressional disclosures from 2011 to 2024 show no California property ownership or leases for Swalwell.

D.C. Mortgage Contradicts California Claims

Swalwell signed a 2022 mortgage for a $1.2 million Washington, D.C., home, designating it his principal residence. This directly conflicts with his California gubernatorial filing. Gilbert’s lawsuit points to these documents alongside FEC records confirming no California real estate. Swalwell represented California’s 14th and 15th districts since 2012, previously using Dublin addresses from 2011-2013 and a PO box thereafter. These congressional allowances differ from stricter governor requirements, underscoring the challenge’s focus on constitutional ties to ensure local accountability.

Swalwell’s Candidacy Announcement and Context

Swalwell, 45, announced his run on November 20, 2025, during Jimmy Kimmel Live, gaining endorsements from Sean Penn and Robert De Niro. He positions himself against President Trump’s policies amid California economic woes like high prices. The 2026 race to replace term-limited Gavin Newsom includes competitors like Rep. Katie Porter, Los Angeles Mayor Antonio Villaraigosa, and Steve Hilton. Swalwell’s campaign emphasizes fighting Trump threats, but the lawsuit disrupts his early frontrunner status in the Democratic primary.

Past scrutiny includes 2019-2020 allegations of ties to suspected Chinese spy Christine Fang, though no charges resulted. Gilbert, known for targeting Democrats like in his Obama birth certificate film, acts pro se, telling Daily Mail Swalwell “can’t have it both ways” on residency.

Potential Impacts on California Race

The pending petition demands Secretary of State Shirley Weber disqualify Swalwell before the November 2026 ballot. No rulings or Swalwell responses appear as of January 19, 2026. Success could derail his campaign, reshuffle the primary field, and set precedents for residency enforcement. California voters might lose a major option, while conservatives view it as accountability against out-of-touch elites prioritizing D.C. over state roots. Long-term, it signals activist challenges using public records to uphold election integrity and constitutional standards.

For Trump supporters nationwide, this exposes Democratic inconsistencies, reinforcing demands for leaders truly committed to American communities over insider perks. The court’s decision will test enforcement of rules protecting state sovereignty from carpetbaggers.