California Congressman Eric Swalwell, a prominent Democrat and potential frontrunner to succeed Governor Gavin Newsom, finds his 2026 gubernatorial bid in jeopardy amidst a lawsuit challenging his eligibility. Filed on January 8 by conservative activist and filmmaker Joel Gilbert, the lawsuit alleges Swalwell does not maintain a primary residence in California, a prerequisite for candidacy under state law.
The legal dispute centers around Swalwell's declared address in a December campaign filing, which Gilbert contends is not a residential property but the office of Swalwell's attorney. Public records, according to the lawsuit, fail to show any property ownership or leasehold interests for Swalwell within California. These claims are corroborated by Swalwell's congressional financial disclosures from 2011 through 2024, which list no real estate holdings in the state.
Compounding the issue is Swalwell's Washington, D.C. residence—a $1.2 million six-bedroom home—shared with his wife, Brittany Watts, and their three children. Mortgage documents from April 2022 designate this property as their primary residence, leading Gilbert to assert that "Either he’s guilty of mortgage fraud in Washington, DC, or he’s ineligible to run for governor of California. He can’t have it both ways."
California election law mandates that gubernatorial candidates have resided in the state for at least five years preceding the election. Gilbert's lawsuit, filed in Sacramento, requests Secretary of State Shirley Weber to preclude Swalwell from being listed on the ballot, alleging constitutional residency requirements have not been met and accusing Swalwell of submitting materially false candidate information under penalty of perjury.
Swalwell, 45, has been a congressional representative for California's San Francisco Bay Area since 2013 and served on the Dublin City Council since 2010. His gubernatorial campaign, announced on Jimmy Kimmel Live! in November, has garnered endorsements from liberal celebrities like Sean Penn and Robert De Niro. However, Swalwell's political career has not been without controversy, including alleged connections to Christine Fang, a suspected Chinese intelligence operative, which culminated in his removal from the House Intelligence Committee after a two-year investigation.
The lawsuit seeks a court order to prevent Secretary of State Weber from certifying Swalwell as a candidate, citing potential "irreparable harm" to voters and threats to ballot integrity. Gilbert's concern is that Swalwell's inclusion in a crowded Democratic field, which includes Rep. Katie Porter and former Los Angeles Mayor Antonio Villaraigosa, without resolving eligibility disputes could erode public confidence in the electoral process.
The outcome of the lawsuit could significantly impact the Democratic primary and the statewide race. As Swalwell contends with this legal hurdle and past controversies, the decision by the courts will be closely watched for its implications on the future of California politics.
