A Sacramento judge rejected a lawsuit seeking to disqualify Rep. Eric Swalwell from the California governor’s race based on questions about his state residency, ruling on Monday that an attempt to appeal was procedurally flawed.

Judge Shelleyanne W.L. Chang found that the plaintiff, right-wing filmmaker activist Joel Gilbert, failed to file required notices in time for oral arguments after she issued a tentative ruling Friday tossing out the lawsuit against the California Secretary of State’s office.

The ruling leaves Swalwell — a Democratic frontrunner who represents parts of the Bay Area — on the June 2 ballot in a crowded race to succeed Gov. Gavin Newsom.