Judge Rejects Bid to Remove Swalwell from California Gubernatorial Ballot
A Sacramento County judge has dismissed a legal challenge seeking to disqualify Congressman Eric Swalwell from California's gubernatorial race over claims he does not meet the state's residency requirements. The ruling allows Swalwell's campaign to proceed toward the March 26 certification deadline.
Residency Allegations and Legal Battle
The controversy began when conservative activist and filmmaker Joel Gilbert filed a lawsuit alleging Swalwell had committed perjury by claiming California residency. Gilbert pointed to a 2022 mortgage document where Swalwell and his wife listed a $1.2 million Washington, DC mansion as their "principal residence." The lawsuit further noted that Swalwell's candidate filing listed a Sacramento lawyer's office address rather than a residential property.
"Public record searches reveal no current ownership or leasehold interest held by Eric Swalwell in California, nor any history of any ownership or leasehold interest based on available public records," Gilbert wrote in his filing. He argued this violated Article V, Section 2 of the California Constitution, which requires gubernatorial candidates to be state residents for five years preceding the election.
Swalwell's Defense and Judicial Ruling
Swalwell dismissed the lawsuit as frivolous and filed a sworn declaration asserting he has lived in California since 2006, maintains a California driver's license, and is registered to vote in the state. His legal team submitted a declaration from Kristina Mrzywka, who claims to have rented a Livermore property to Swalwell and his wife since 2017.
In her tentative ruling, Judge Shellyanne Chang found this evidence sufficient under California Election Code Section 2026, which states that leasing, renting, or storing personal property at an address qualifies it as a "domicile." The judge wrote: "Mrzywka declares Swalwell pays rent pursuant to the lease agreement every month, lives at the property when he is in the East Bay, keeps significant belongings there, receives mail at the property, and is registered to vote at the property's address."
Judge Chang emphasized that the court must apply this "conclusive presumption" even when presented with evidence that Swalwell owns property outside California. The decision favored both Secretary of State Shirley Weber, who argued her office merely accepts facially valid candidate submissions, and Swalwell as the "real party in interest."
Gilbert's Counterarguments and Planned Appeal
Gilbert challenged the validity of the rental arrangement, noting that Mrzywka claims a $7,000 annual homeowner tax exemption on her $1 million Livermore property—a benefit reserved for primary residences. He also pointed out that neither Swalwell nor Mrzywka produced a formal lease, rent receipts, or other tenancy documentation.
"Eric Swalwell is not a California resident. He has no valid address in California as required to run for governor," Gilbert told the Daily Mail. "I will argue this in court on Monday, and even if not successful, I will appeal immediately to the Third District Court." Gilbert has the option to appear in person to contest the tentative ruling before the March 26 certification deadline.
Political Context and Campaign Implications
Swalwell announced his gubernatorial bid in November, joining a crowded Democratic field that includes Congresswoman Katie Porter and former Los Angeles Mayor Antonio Villaraigosa. On his campaign website, Swalwell states: "I'm running for Governor because prices are too high and people are scared... California's next governor has two jobs. One, keep the worst president in history out of our homes, out of our streets, and out of our lives."
The congressman is known for his progressive credentials and opposition to former President Donald Trump, though Republicans have criticized his past association with alleged Chinese operative Christine Fang. That scandal cost Swalwell his seat on the House Intelligence Committee in 2020, though a subsequent ethics investigation resulted in no further action.
With the residency challenge dismissed for now, Swalwell's campaign continues as California prepares for a competitive gubernatorial election, though Gilbert's promised appeal suggests the legal battle may not be over.
