Assemblymember Evan Low is living outside his state legislative district in Campbell, raising questions about whether the lawmaker — and now congressional candidate — has turned his back on the people he was elected to serve.
Campaign finance and voter registration records reviewed by San José Spotlight link Low to a condo on Campisi Way in Campbell — which falls outside his current Assembly District 26. Low lived there before redistricting three years ago pushed him outside his Assembly district. He agreed not to run against Assemblymember Marc Berman in Assembly District 23 and said he’d move in with his dad in Sunnyvale to qualify for the redrawn Assembly District 26.
Low confirmed living in Campbell in a message to San José Spotlight, but did not say how long he’s been there.
A source with knowledge of the situation said Low moved back to Campbell when he jumped into the Congressional District 16 race late last year. He will face off with former San Jose Mayor Sam Liccardo in November to replace retiring Rep. Anna Eshoo.
Political analysts said Low living outside his district sends a damaging message.
“It could be interpreted that he’s just moved on. That he’s focused on his new position and he must be pretty confident he will be elected. It also could signal to voters — the ones he’s currently supposed to be serving — that he’s already moved on from them,” Mindy Romero, a political sociologist and founder of the Center for Inclusive Democracy, told San José Spotlight. “We don’t know what’s in his head or heart, but those optics certainly aren’t great.”
A campaign spokesperson said Low is committed to Assembly District 26. The campaign added that Low lives in the congressional district he’s vying for — a criticism he’s made against his political opponent who does not.
“Evan is proud to live in the district he is running to represent, just as he did when he ran for the Assembly. From the launch of the campaign Evan was clear that his commitment to representing the communities of Assembly District 26 would never waiver,” the spokesperson told San José Spotlight. “Sam Liccardo on the other hand doesn’t live in the district he is running to represent.”
Liccardo lives in downtown San Jose, blocks outside of Congressional District 16. Unlike state office, congressional candidates aren’t required to live in the districts they’re running for.
“While our neighbors are concerned about rising costs, existential climate change and their rights being on the line, Evan Low keeps talking about a ‘residency test’ he doesn’t even pass,” Liccardo campaign spokesperson Gil Rubinstein told San José Spotlight.
Sources said Low’s move back to Campbell was legal, referring to a 1983 state attorney general ruling that said the California constitution doesn’t require a legislator to stay in their district after they’re elected. Article IV of the California Constitution requires a legislator to live in their district for one year before seeking election to the office.
State law offers little clarity on how California lawmakers prove their primary residence. Legislators who are caught living outside their districts rarely face serious consequences.
While running for a state Senate seat in 2013, Assemblymember Richard Pan faced scrutiny for spending time at a family home outside his district. Pan walked away from the scandal unscathed and won the Senate seat the following year.
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Former state Sen. Roderick Wright was convicted on eight counts of perjury in 2014 and voter fraud for lying about his residence. He was sentenced to 90 days in jail, but only served an hour, per news reports at the time.
Former Gov. Jerry Brown pardoned Wright in 2018. That same year, Brown also signed a law that made it harder to prosecute lawmakers for being untruthful about their primary address. The law states that a politician’s residence is wherever they are registered to vote — even if they receive tax exemptions or mail for another home outside district boundaries.
Even if a lawmaker is a step removed from their district, Romero said they may have fewer opportunities to interact with constituents.
“It’s not impossible but it is more difficult,” Romero said. “Most people, to be fair, don’t even know who their state representative is. But there’s a deep assumption that someone representing a district is living whatever concerns their constituents might have — the good and the bad.”
