Eric Swalwell’s recent announcement to run for governor of California raises critical questions about his legal eligibility. The congressman appears to violate clear constitutional requirements. According to California law, a candidate’s primary and permanent residence must be in California for at least five years prior to an election. Yet Swalwell’s own mortgage documents assert that his true home lies in Washington, D.C.
The California Constitution, specifically Article V, Section 2, dictates that a governor must be a resident of the state. However, “resident” in this context is not merely where one receives mail. It requires establishing domicile, which is defined as a person’s true, fixed, permanent home. California Elections Code §349 makes this distinction unmistakable. It states, “A domicile is the place where a person’s habitation is fixed and where they have the intention of remaining.” This law leaves no room for ambiguity.
Swalwell’s mortgage filings, which he signed under penalty of perjury, confirm that his primary residence is in Washington, D.C. The Deed of Trust for his D.C. property clearly lists Swalwell and his wife as borrowers, alongside clauses emphasizing their obligation to occupy the property as their principal residence. By signing these documents, Swalwell has not just made a statement; he has legally bound himself to the assertion that D.C. is his principal residence.
The implications are serious: By acknowledging Washington as his primary home in legally binding terms, Swalwell has directly undermined his eligibility to serve as governor. The law requires candidates to demonstrate genuine and continuous habitation in California if they wish to assume the governor’s office. Swalwell’s own sworn statements reveal that he cannot meet this critical criterion.
Moreover, the five-year residency requirement is particularly fatal to Swalwell’s aspirations. To be eligible, he would have to abandon his D.C. domicile, establish a new Californian one, and reside there for five uninterrupted years. This task is daunting, if not impossible, especially given his legal declarations. The law is clear: domicile cannot be retroactively established. Swalwell simply cannot claim California is his permanent home when his own documentation asserts otherwise.
Beyond legal jargon, the core issue is fairness in governance. Domicile is a cornerstone of a candidate’s integrity and commitment to the state they wish to serve. Swalwell’s case serves as a reminder of the importance of transparency and adherence to the law. Californians deserve leaders who fully embody the spirit of residency as defined by their own constitution.
This situation is not political theater or opinion; it is a matter grounded in law. Swalwell’s mortgage documents unequivocally demonstrate his primary residence is in Washington, D.C., rendering him constitutionally unqualified to run for governor of California. Whether he acknowledges this reality or continues his campaign, the law leaves little room for misinterpretation. The mandate is clear: Eric Swalwell is disqualified and must withdraw his candidacy.
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