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Eric Swalwell: Is the Democratic rep eligible to run for governor?
A petition was filed claiming Eric Swalwell is ineligible to run for California governor, saying he does not meet the state's residency requirement. But his campaign says that's not true.
LOS ANGELES - Gubernatorial candidate Eric Swalwell's campaign is facing legal challenges after a petition was filed to remove Swalwell from the California governor's race.
What they're saying:
Filmmaker and political commentator Joel Gilbert filed a petition, claiming Swalwell is ineligible to run because he doesn't live in the state.
In the court filing, Gilbert said the address Swalwell filed for his campaign is his lawyer's office and not his actual home address. The petition calls on the California Secretary of State to "fulfill her constitutional duty" and disqualify Swalwell from the race.
"You falsified your Form 501, you have no address in California. You declared your Washington D.C. home as your 'principal home'. Drop out now," Gilbert wrote on X.
"The criteria for running for governor of California according to the California Constitution is a candidate must be resident of the state for 5 years prior to the election. Swalwell’s response that he has a California driver’s license or pays California taxes or went to a Donut shop in Dubin is irrelevant and a smoke screen. He’s a lawyer and should know better," Gilbert told Fox News Digital.
The other side:
A campaign general consultant for Swalwell said he listed his attorney's office due to the "thousands of death threats" he's received. The consultant went on to say Swalwell has always lived in California during his political career, according to FOX News Digital.
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"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, told Fox News Digital Monday morning.
Dig deeper:
In November 2025, the Department of Justice (DOJ) opened an investigation into Swalwell for mortgage fraud allegations. According to reports, the DOJ is investigating the alleged millions of dollars in loans and refinancing connected to Swalwell's status as a Washington, D.C. resident.
The Federal Housing Agency is accusing Swalwell of "making false or misleading statements on loan documents," according to a report from KTVU FOX 2.
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The backstory:
Swalwell represents California's 14th Congressional District.
The Source: Information for this story came from statements given by Joel Gilbert and Eric Swalwell's campaign to FOX News Digital.