On March 5, an attorney for Tom Steyer, a California Democratic candidate for Governor, asked California Secretary of State to examine the residency of Eric Swalwell, another Democratic candidate for Governor. See the letter that sets forth the case that Swalwell does not meet the 5-year California residency requirement.

There virtually are no residence requirements for candidates for Congress, but the U.S. Constitution does permit states to have duration of residency requirements for state office. The California Constitution residency requirement dates from the 19th century. In 1973 the U.S. Supreme Court summarily affirmed a lower court ruling that New Hampshire is permitted to have a seven-year duration of residency requirement for candidates for State Senate. Sununu v Stark.