A Sacramento judge rejected a lawsuit seeking to disqualify Rep. Eric Swalwell from the California governor’s race based on questions about his state residency, ruling on Monday that an attempt to appeal was procedurally flawed.
Judge Shelleyanne W.L. Chang found that the plaintiff, right-wing filmmaker activist Joel Gilbert, failed to file required notices in time for oral arguments after she issued a tentative ruling Friday tossing out the lawsuit against the California Secretary of State’s office.
The ruling leaves Swalwell — a Democratic frontrunner who represents parts of the Bay Area — on the June 2 ballot in a crowded race to succeed Gov. Gavin Newsom.
“In the end, I’m not concerned because I think the judge would not have changed it anyway,” Gilbert told The Post. “I’m literally filing [another] appeal right now.”
Gilbert’s lawsuit alleged Swalwell primarily resides in Washington, D.C., and he does not satisfy California’s constitutional requirement that candidates live in the state for at least five years before an election. The congressman filed a sworn affidavit saying he has lived in Livermore since 2017, and a homeowner claimed Swalwell rents a room in her small home.
However, The Post talked with neighbors who live on the same small cul-de-sac and none could identify Swalwell.
“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.
