Tipsheet

Judge Rejects Bid to Kick Eric Swalwell Off the California Governor Ballot

Dmitri Bolt
Dmitri Bolt  |  March 24, 2026 12:45 PM

A judge has rejected a lawsuit that sought to disqualify Representative Eric Swalwell from the California Governor's race, after claims rose that he may not actually be a resident of California.

The lawsuit was filed by conservative filmmaker Joel Gilbert, who argued that Rep. Eric Swalwell is not a true California resident. 

Gilbert claimed Swalwell primarily lives in Washington, D.C., where he owns a home, and lacks a permanent residence in California. He pointed to the address listed on Swalwell’s candidacy paperwork, alleging it was a Sacramento office building or attorney’s office, not a personal residence, and cited the state constitution’s five-year residency requirement for governor. 

However, Sacramento Superior Court Judge Shelleyanne Chang rejected the challenge and declined to remove Swalwell from the ballot, citing California Election Code Section 2026, which allows a leased or rented property to qualify as a domicile if it is used and maintained as a residence. 

The ruling cited evidence that Swalwell pays rent, stays at a California property when he is in the state, keeps belongings there, receives mail at the address, and is registered to vote there. The congressman also submitted a sworn affidavit stating he has lived in Livermore since 2017, while the homeowner said Swalwell rents a room in her home. However, neighbors said they had never seen him.

"Court Hearing Update: Judge Chang (big attitude) erred by letting her tentative ruling stand that incorrectly accepted Swalwell's campaign worker's ridiculous declaration that Swalwell lived with her family," Gilbert wrote on X. "I HAVE already FILED AN APPEAL!"

"My CALIFORNIA SUPREME COURT case number is S295810. Petition for Review and Application for Immediate Stay is now PENDING to disqualify Eric Swalwell," he wrote in a ceperate post. "Swalwell has NO California residence as required by the CA Constitution for 5 years prior to an election."

Swalwell is currently leading the field of Democrats in the state's gubernetorial race, although two Republicans Steve Hilton, and Chad Bianco currently lead the race.