A sworn declaration, first obtained by CBS News California Investigates, supports Congressman Eric Swalwell’s claim that he is a California resident, as Tom Steyer, a rival candidate in the governor’s race, faces criticism for exposing Swalwell’s home address while calling for an investigation into his gubernatorial eligibility.
In the declaration, filed on March 6, Swalwell’s landlord states under penalty of perjury that the congressman has rented and lived at her Livermore property since 2017.
The landlord says Swalwell keeps significant belongings at the residence, receives mail there, and is registered to vote at that address.
Swalwell also submitted his own declaration stating that he holds a California driver’s license and is a licensed attorney with the State Bar of California. State Bar records confirm his law license has remained active since he was admitted to the bar in 2006.
Rival campaign raises residency questions
The declarations were filed last week, one day after fellow Democratic gubernatorial candidate and billionaire climate activist, Tom Steyer, petitioned the California Secretary of State (SOS) to “enforce the (residency) requirements of the California Constitution,” urging “robust legal proceedings as to whether Swalwell is eligible to serve as Governor.”
The California Constitution includes a five-year residency requirement for gubernatorial candidates, which the Secretary of State has long argued “violates the U.S. Constitution and is unenforceable.”
Steyer’s petition, first published by Politico last week, argues that Swalwell “appears to live in California on paper only, making him unlikely to meet the basic residency requirements to run for Governor.”
The filing revealed Swalwell’s home address along with public records detailing personal and financial information related to Swalwell’s landlord and her relatives.
According to documents laid out by Steyer’s attorneys, Swalwell’s Livermore landlord is related to his former deputy chief of staff and district director.
As a result, Steyer’s attorney argues that the uncertainty about Swalwell’s residency could give President Trump an opportunity to challenge the legitimacy of a potential Swalwell governorship.
Steyer’s general counsel warned that a hostile federal administration could attempt to exploit any legal ambiguity if Swalwell were elected, potentially raising questions about the state’s authority to deploy the California National Guard, access federal funding, or respond to emergencies.
In response to the recent sworn declarations, the Steyer campaign told CBS News California Investigates, “with so much at stake in this election and this administration making anti-democratic moves all across the country, we hope that the Congressman can resolve this issue to avoid Donald Trump or Republican extremists exploiting it down the line or creating confusion for voters later in the process.”
Ongoing lawsuit
The new declarations were filed as part of an ongoing lawsuit brought by conservative filmmaker Joel Gilbert, who is also challenging Swalwell’s California residency.
Gilbert previously filed suit, arguing that because the East Bay representative listed a business address belonging to his attorney on his candidate intention statement, there is no proof that Swalwell still resides in California after 13 years in Congress.
Unenforced residency requirement
The dispute centers in part on a largely unenforced five-year residency requirement for gubernatorial candidates.
For years, the Secretary of State’s office has considered the requirement unconstitutional and unenforceable, noting in the state’s “Summary of Qualifications” for governor that “the California Constitution requires California residency for five years; however, it is the legal opinion of this office that this provision violates the U.S. Constitution and is unenforceable.”
Steyer’s campaign argues the rule should still be enforced or clarified to avoid future legal challenges.
Eleven Democratic members of the California Congressional Delegation signed on to a letter last week denouncing Steyer’s residency challenge.
“Steyer is personally going after a public servant who has long rented in his East Bay Congressional district,” Swalwell’s campaign consultant Kate Maeder said in an email. “California’s renters don’t need to be shamed by an out-of-touch billionaire.”
Privacy concerns
Steyer’s petition includes Swalwell’s full Livermore home address, raising concerns about the congressman’s safety and his ability to continue renting the property.
“The self-indulgent political act was negligent and thoughtless,” Swalwell campaign consultant Kate Maeder said in an email. “As the Congressman is taking on Donald Trump, Swalwell has had to implement extreme security measures to protect himself and his family. He received over 100 death threats last year alone, many of which were directed towards his family.”
Steyer’s campaign did not respond to questions about the apparent breach of privacy.
