Another Hollywood Plot Twist in the California Governor's Race?
Is it too late for Kamala Harris to change her mind and run for Governor as a Write-In Candidate?
Just a week ago tonight, now ex-Congressman Eric Swalwell (D-Dublin) was emerging as the leading Democratic candidate in the California Governor’s race.1 He was running a solid middle of the road campaign that still gathered support from progressive Democratic lawmakers and many powerful labor unions. He also had substantial entertainment industry backing.2
In fact, a Public Policy Institute of California poll released just yesterday showed Swalwell in first place among all voters, even ahead of both major Republican candidates, FOX News commentator Steve Hilton and Riverside County Sheriff Chad Bianco.
However, in a Hollywood plot twist that no one saw coming, Swalwell’s campaign collapsed after allegations of date rape and other sexual misconduct were made last Friday.3 Swalwell dropped out of the race on Sunday and resigned from Congress on Tuesday.
If the 2026 California Governor’s race was a Hollywood movie, in less than 72 hours, the character of Eric Swalwell transformed from Jamie Reagan (if he’d remained a lawyer) to Tom Ripley.
Swalwell’s dramatic fall has up-ended the Governor’s race with various political factions scrambling.
In the California Governor’s race, all candidates will run in one single primary regardless of their party.4 All voters, regardless of their registered political party, can vote for Governor.5 Whichever top two candidates finish with the most votes advance to the general election, regardless of their party or overall vote share percentage.6
There is a great fear that the two leading Republicans, Hilton and Bianco, will take the first and second place positions in the primary election, thus winning the Governor’s race for the Republicans by default.
To avoid that possibility, Democrats had been uniting behind Swalwell, who was building a “he’ll do” consensus among many on the left who weren’t in perfect ideological alignment with him. Other candidates lack that same ability.
With Swalwell dropping out, many pro-business and law enforcement groups have lost their candidate and don’t have an obvious second choice aside from San Jose Mayor Matt Mahan, who lacks the name recognition that Swalwell had and has struggled in the polls.
In the wake of Swalwell’s departure, centrists have thrown money behind Mahan. But Mahan has not yet connected with voters. To quote one top political operative, “he’s like the guy at a rave who is explaining the latest economics textbook he just read.”
With Swalwell gone, California Democrats are left with some very poor candidate options with some very deep flaws. Among the Democratic leaders:
Tom Steyer, who has honestly turned people off with his record spending, droning television ads, shrill attacks against other candidates, and his record of earning massive profits from investing in private prisons and fossil fuel companies.
Katie Porter, who has been caught on tape verbally abusing her staffers and reporters and had her ex-husband previously allege that she committed domestic violence against him.
Xavier Becerra, who was an incompetent Health and Human Services Secretary, has a history of playing fast and loose with the law, and whose top aides are all going to prison for committing a crime that required Becerra’s personal signoff.
Antonio Villaraigosa, who was a lackluster Los Angeles Mayor with a lot of personal baggage (he’s never been alleged to have been a date rapist but very publicly cheated on his wife with political journalist Mirthala Salinas, among many others, while serving as Mayor).
It’s safe to say that many Californians are wishing that former Vice President Kamala Harris had run for Governor of California. While Richard Nixon did so in 1962 and lost, Kamala stood a much better chance of winning in 2026.
Despite much speculation, Kamala announced last summer that she would not run for Governor of California. She later said that her heart wasn’t in it.
Evaluating the current situation, many are asking: Is it too late for Kamala to change her mind?
In fact, it is too late to get Kamala’s name on the ballot as the filing deadline has long passed.7 Ballots for the election are already printing.
For that matter, Eric Swalwell’s name will remain on the ballot as his name cannot be legally removed.8
However, some have suggested that Kamala could run for Governor as a write-in candidate, most notably Sunny Hostins of The View.
Is this legally allowed?
Yes!
There are a few important ground rules for write-in candidacies in California.
Write-in candidates are allowed under California’s top-two system for the primary.9 However, a write-in candidate must receive either the highest or second highest number of votes cast in the primary election to advance to the general election.10
No write-in candidates are allowed in the general election.11 Some Democrats fearful of a general election held between two Republicans have asked whether writing in a Democratic candidate is a possibility. It’s not.
Kamala has until Tuesday May 19th to file as a write-in candidate.12
Kamala would only need 65 valid signatures to qualify as an official write-in candidate for Governor.13
A write-in campaign in a statewide election would seemingly be impossible to win. But if anyone could win a write-in campaign statewide at the last minute, it would be America’s “Fun Aunt” or “Funt”, Kamala Harris.
Kamala does not lack name recognition and scores of loyal Democratic voters like her and think she should have been elected President. Kamala might even gain some votes from 2024 Trump voters who have severe buyers remorse.
Kamala could win even if major labor unions continue to support other candidates. She could likely gain support from business organizations and law enforcement groups seeking a more moderate candidate.
It may seem counterintuitive given her reputation among national media pundits. But as a District Attorney and Attorney General, Kamala was known for being tough on crime. She also doesn’t have a record of supporting left wing economic policies.
These groups are also pragmatic and not bound by punditocracy narratives. In the Los Angeles Mayoral race, big business groups and the Los Angeles Police Protective League, which are generally more conservative, are supporting Mayor Karen Bass for re-election. There’s no reason why these groups could not unite behind Kamala for Governor.
There is, however, an important caveat for those Californians happily dreaming of Maya Rudolph, reprising her role as Kamala Harris on Saturday Night Live, declaring “The Funt is back, baby!”14 at a press conference announcing her gubernatorial run.
A write-in vote only counts if the candidate becomes an official write-in candidate.15 If a voter writes in a candidate who is not a certified write-in candidate, that vote will NOT be counted.16
While one retains the right to write in someone who isn’t a certified write-in candidate, it is solely a First Amendment exercise.17 It’s not going to change the election outcome except to the extent that one wastes their vote that they otherwise would have cast for a candidate who could have actually won.
Thus, whether or not Kamala could be elected Governor as a write-in candidate will ultimately depend on whether she wants to be Governor.
Kamala is reportedly cool to the idea of a write-in campaign. However, America’s Funt still has until May 19th to change her mind.
The author of this article is an attorney licensed to practice in the State of California and the District of Columbia. This article and all of the works on this Substack page are statements of the opinions of the author, only, and do not constitute legal advice; they are not intended to be relied upon by any individual or entity in any transaction or other legal matter, past, pending, or future. A paid subscription to this Substack page supports the author’s scholarship and provides access to research that the author has compiled, but does not establish an attorney-client relationship. The author does not accept unsolicited requests for legal advice or representation, and this Substack page is not intended as legal advertising. The opinions expressed on this Substack page reflect the personal views of the author only.
In Inside shamed Eric Swalwell’s extraordinarily close relationship with Hollywood — and how he was paid by ‘spy’ company, journalists Peter Kiefer and Tatiana Siegel revealed that Eric Swalwell, in addition to his Congressional duties, had recently been engaged in a side hustle of producing films and television shows.
