In a recent decision, a judge in Sacramento dismissed a lawsuit aimed at disqualifying Rep. Eric Swalwell from the California governor’s race due to questions surrounding his residency in the state. The ruling, delivered on Monday, highlighted procedural missteps in the appeal process.
Judge Shelleyanne W.L. Chang determined that Joel Gilbert, a right-wing filmmaker and activist, did not submit the necessary notices in time for oral arguments to be considered. This followed her preliminary decision on Friday to dismiss the lawsuit targeting the California Secretary of State’s office.
As a result of the ruling, Swalwell, a prominent Democratic candidate representing parts of the Bay Area, will remain on the June 2 ballot in the competitive race to replace Governor Gavin Newsom.
“Ultimately, I’m not concerned because I believe the judge wouldn’t have altered the decision anyway,” Gilbert commented to The Post. “I’m currently filing another appeal.”
Gilbert’s suit claimed that Swalwell primarily resides in Washington, D.C., thereby failing to meet California’s constitutional requirement for candidates to have lived in the state for at least five years before an election. Swalwell countered with a sworn affidavit affirming his residency in Livermore since 2017, supported by a homeowner’s statement that he rents a room in her modest home.
Despite this, The Post interviewed neighbors on the same small cul-de-sac, and none of them could confirm having seen Swalwell in the area.
“I’ve never seen him,” said Gita Prusty, who noted she’s lived on Michell Court for five years.
The Post also found that Swalwell routinely stays at hotels in and around his district while also paying frequent visits to the Beverly Hills mansion of eccentric lefty timeshare mogul Stephen Cloobeck.
During his time posting videos of himself at Cloobeck’s mansion on social media, Swalwell has missed multiple votes in Congress after missing more votes last year than any active member of Congress.
Swalwell has argued that members of Congress routinely split time between Washington and their home states and he still meets residency requirements. He has also cited security concerns for limiting public disclosure of his home address.
Monday’s ruling removes a key legal obstacle for Swalwell as candidates continue positioning ahead of California’s top-two primary. The congressman’s attorneys declined comment.
