California Governor Hopeful Eric Swalwell Accused of Living in DC Mansion — Lawsuit Claims He Doesn’t Actually Reside in the Golden State
A lawsuit has been filed challenging U.S. Rep. Eric Swalwell’s eligibility to run for California governor.
Jan. 18 2026, Published 5:30 p.m. ET
U.S. Rep. Eric Swalwell's bid to succeed Gov. Gavin Newsom as California's next governor is facing a legal challenge over whether the congressman actually meets the state's residency requirements.
RadarOnline.com has learned that a lawsuit filed in Sacramento County by conservative activist and filmmaker Joel Gilbert claims Swalwell does not reside in California, despite listing a Sacramento address on official election paperwork.
Eric Swalwell's Home
Conservative activist and filmmaker Joel Gilbert claims Swalwell does not actually live in California.
The California Constitution requires gubernatorial candidates to have lived in the state for at least five years prior to the election.
According to the petition for writ of mandate, the address Swalwell provided on his California Form 501 — a Candidate Intention Statement filed December 4 — is not a residence but a business suite in a Capitol Mall high-rise. Gilbert alleges the address belongs to Swalwell's campaign attorneys.
"That address is not a residence. It is the office address of Swalwell's campaign attorneys," Gilbert claims. "Form 501 is signed under penalty of perjury, and the use of a non-residential address constitutes a material representation in a filing required to establish candidate qualifications."
The Petition
California’s constitution requires gubernatorial candidates to have lived in the state for five consecutive years.
Gilbert further alleges Swalwell's true residence is a $1.2 million, six-bedroom home in northeast Washington, D.C., which he shares with his wife, Brittany Watts, and their three children. Mortgage documents from April 2022 reportedly list the property as the couple's "principal residence."
"Eric Swalwell has no California address," Gilbert told the Daily Mail. "So 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."
The lawsuit accuses Swalwell of perjury and urges California Secretary of State Shirley Weber to declare him ineligible to run in the November election. It cites Article V, Section 2 of the California Constitution, which requires the governor to be a "resident of this state for five years immediately preceding the governor's election."
The complaint also alleges Swalwell does not own or lease any property in California and claims his congressional financial disclosures from 2011 through 2024 list no California real estate holdings. Public records, Gilbert argues, show no current or prior ownership or leasehold interest held by Swalwell in the state.
The Gubernatorial Race
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The lawsuit accuses Swalwell of perjury.
Swalwell, 45, has represented the San Francisco Bay Area in Congress since 2012 and is considered one of the early favorites in the gubernatorial race. He announced his candidacy on Jimmy Kimmel Live! on November 20 and quickly received endorsements from celebrities including Sean Penn and Robert De Niro.
"I'm running for Governor because prices are too high and people are scared," Swalwell's campaign website states.
If Gilbert's lawsuit succeeds, it could prevent Swalwell from appearing on the ballot altogether.
