Representative Eric Swalwell, D-Calif., is suing a Trump official after he was criminally referred to the Department of Justice. (Win McNamee/Getty Images)
Swalwell has served as a California congressman since 2013, and announced his candidacy to succeed Democratic Gov. Gavin Newsom when his second term ends in January 2027. The gubernatorial race already is crowded with at least 10 candidates slated to be on the ballot in the nonpartisan primary in June.
Swalwell is viewed as a front-runner as the race gets underway.
The court filing claims that the congressman listed the address for the office of his attorney on campaign filings and not a residential California address. The address listed in the court filing shows an office building in downtown Sacramento.
State law requires the California governor be a resident of the state five years prior to his or her election.
"The governor shall be an elector who has been a citizen of the United States and a resident of this state for 5 years immediately preceding the governor’s election," the filing states, outlining the California Constitution's residential requirements of governors.
Eric Swalwell (D-Calif.) speaks at a press conference on committee assignments. (Kevin Dietsch/Getty Images)
"Either he’s guilty of mortgage fraud in Washington, DC, or he’s ineligible to run for governor of California," Gilbert told the Daily Mail. "He can’t have it both ways."
Fox News Digital attempted to reach out to Gilbert by email for additional comment on the court filing Monday afternoon.
CLICK HERE TO GET THE FOX NEWS APP
The feud between Swalwell and Trump dates to Trump’s first term, when Swalwell emerged as one of the former president’s most vocal congressional critics and served as a House impeachment manager, cementing a long-running political rivalry.
Fox News Digital's Leo Briceno and Greg Wehner contributed to this report.
https://www.foxnews.com/politics/swalwell-governor-bid-hit-residency-questions-after-court-filing-alleges-he-doesnt-live-california