CALIFORNIA, USA — Democratic Congressman and gubernatorial candidate Eric Swalwell is facing a lawsuit that could threaten his bid for California governor, with a conservative filmmaker alleging the lawmaker does not actually live in the state.

The lawsuit, filed Friday by Joel Gilbert, claims Swalwell has not lived in California for years and instead maintains his primary residence at a home in Washington, D.C. Gilbert is calling on Swalwell to end his campaign.

Swalwell pushed back against the allegations, responding on social media that he is confident the lawsuit will not hold up in court and that he plans to fight it.

Under the California Constitution, candidates for governor must meet three requirements, according to legislative analyst Chris Micheli: they must be a United States citizen, a registered voter in California and a resident of the state for the five years leading up to the election.

Swalwell, a Democrat, is currently leading the gubernatorial race within his party. He has also been the target of allegations by former President Donald Trump related to mortgage fraud, which Swalwell denies.

“I don’t wake up to fight Donald Trump; I wake up to fight for Californians,” Swalwell said back in November 2025.

The new lawsuit centers on Swalwell’s residency. Gilbert has created a website posting the lawsuit and related filings that he says show Swalwell does not live in California full time. Gilbert claims Swalwell owns a home in Washington, D.C., has not had a permanent residence in California for years and listed an office building in Sacramento as his home address on his candidate intention form.

Micheli said residency rules do not require a candidate to be physically present in the state every day of the year.

“Residency doesn’t require that you are in the state 365 days out of the year,” Micheli said. “Residency is primarily based on one’s intent to be a resident of that state.”

Gilbert has said those circumstances should disqualify Swalwell from the race. In an exchange on X, Swalwell said members of Congress from California live in both California and Washington, D.C., and said he would defeat Gilbert’s lawsuit in court.

Gilbert responded by claiming Swalwell falsified documents by not having an official California home address and by declaring his Washington, D.C., home as his principal residence. Gilbert said that alone is enough to make Swalwell ineligible to run.

Micheli said a judge will ultimately decide the case but believes Swalwell has a strong argument.

“Born and raised in Dublin, California in the East Bay, and where he served, for example, on the city council, and obviously, that is the home base of his congressional district, CD 14,” Micheli said. “I think he’s going to demonstrate that he’s been, essentially, a lifetime resident of that area.”

Swalwell declined an interview request from ABC10. His campaign consultant provided this statement:

“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. Because of the thousands of death threats the Congressman has received, it is perfectly legal to list a campaign office as the address for his legal filings.

This nonsense claim comes from a MAGA blogger who made a film claiming Elvis is alive. We look forward to beating him in court. Swalwell has represented his Congressional district since the 2012 election and before that he was on the Dublin City Council and planning commission. It is perfectly normal for campaigns to list their treasurer’s or lawyer’s address on these types of forms.”

ABC10 also reached out to Gilbert for comment, but he did not respond.

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