Have you ever noticed how the rules never quite seem to apply to Democrats the same way they apply to everyone else? How many Democrats violated their own COVID restrictions? How many Democrats have gotten away with campaign violations that Republicans have been prosecuted for? It’s a pattern conservatives know well — and the latest chapter is playing out in California.
Sacramento Superior Court Judge Shelleyanne Chang rejected a lawsuit last week that sought to disqualify Rep. Eric Swalwell from the California gubernatorial race. The suit, which conservative filmmaker Joel Gilbert filed, argued that Swalwell fails to meet the California constitution’s five-year residency requirement, which requires a candidate to actually live in the state before running to govern it.
Gilbert’s case rested on a pile of inconvenient facts. Swalwell owns a home in Washington, D.C. His congressional financial disclosures from 2011 to 2024 list zero California real estate ownership. The address he listed on his candidacy paperwork is an office building in downtown Sacramento that belongs to his attorney.
Oh, and neighbors at the alleged California property said they had never seen Swalwell there.
It’s pretty obvious something is not right here, but Judge Chang wasn’t moved. She cited California Election Code Section 2026, which allows a leased or rented property to qualify as a domicile if “used and maintained as a residence.” The only problem is that the residence Swalwell reportedly lives in and pays rent to belongs to the sister-in-law of Swalwell’s former mentor, and no one has ever actually seen him there.
A woman who has lived next door to the house since 2005 declined to give her name but said she had never seen the congressman until being shown his picture.
A man who left the same home minutes later told The Post, “I’ve never seen that man around.”
Despite Swalwell’s claims that he has lived at the Livermore home, campaign records in recent years show the congressman has spent a significant amount of time and money staying at hotels in and around his congressional district.
Just last year, Swalwell made 19 different charges to his campaign at the luxury hotel Rosewood Sand Hill in Menlo Park, according to federal campaign records. Swalwell’s frequent campaigning and rubbing elbows with celebrities led him to miss the most votes of any active member of Congress by the end of last year.
Naturally, Gilbert isn’t buying it, and is fighting to get the truth out there.
Court Hearing Update: Judge Chang (big attitude) erred by letting her tentative ruling stand that incorrectly accepted Swalwell's campaign worker's ridiculous declaration that Swalwell lived with her family.
— Joel Gilbert (@JoelSGilbert) March 23, 2026
I HAVE already FILED AN APPEAL! Read it here:https://t.co/LNIGvAS3L1
Swalwell Disqualification Update:
— Joel Gilbert (@JoelSGilbert) March 23, 2026
Third Court of Appeals DENIED my petition with no explanation!
I appealed to the CALIFORNIA SUPREME COURT, an emergency 'PETITION FOR REVIEW AND APPLICATION FOR IMMEDIATE STAY'.
Confirmation below. Supreme Court should consider before Wed. pic.twitter.com/xA519YWBK6
The California Supreme Court has yet to act on Gilbert’s petition. But as the March 26 deadline to certify gubernatorial candidates approaches, the clock is ticking. Unfortunately, my gut says this will be yet another case where a Democrat gets the message loud and clear that the rules don’t apply to him.
