Florida gubernatorial candidate James Fishback can stay on the primary ballot after a state judge dismissed his opponent’s lawsuit challenging Fishback’s eligibility.
Monday’s ruling marked a loss for Lt. Gov. Jay Collins (R-FL), who brought the lawsuit against Fishback and Florida Secretary of State Cory Byrd. The latter defendant oversees elections in the state.
Circuit Judge David Frank determined Collins failed to bring “enough substantial and competent evidence to rebut” Florida’s presumption in favor of qualification and presumption of continued residency. The plaintiff alleged Fishback failed to meet the state’s seven-year residency requirement in his bid to run for governor.
The issue stemmed from Fishback’s ties to Washington, D.C., where he voted in the 2020 presidential election and bought a condominium a year later. He received a homestead deduction for that property.
Judge Frank said Collins had the burden to prove Fishback’s non-residency in Florida, a burden that the lieutenant governor did not meet.
“This Court will not be deciding the race between the Lieutenant Governor and Mr. Fishback. That will be in the very sound hands of the voters,” Frank concluded.
Collins may appeal the decision, but he has three weeks until the Aug. 18 Republican primary to do so. There was no indication from his lawyer that he would file an appeal.
“It’s disappointing the court accepted Fishback’s novel legal theory that ‘ignorance of the law’ is now a defense when it comes to Florida residency,” Collins’s counsel Mark Meuser said.
“His ignorance may be enough to keep him on the ballot, but who wants to vote for a candidate whose own sworn testimony is he committed mortgage fraud and doesn’t understand how the law works when it comes to election integrity and paying state income taxes,” Meuser continued. “Mr. Fishback may have been able to convince the court to leave him on the ballot, but in doing so, he demonstrated he does not have the mental capacity to govern himself, let alone Florida.”
Meanwhile, Fishback celebrated his court victory as he prepares to face off against Collins and Rep. Byron Donalds (R-FL) in the race.
“It’s official. The disgraceful lawfare brought by Jay Collins and fueled by Byron Donalds has failed,” Fishback said. “This isn’t just a victory for our campaign. It’s a victory for the Constitution and for every Floridian who believes elections should be decided by voters, not politicians trying to rig the system.”
“Jay Collins and Byron Donalds tried to stop our campaign because they know they can’t beat us,” he added. “Today, they lost in court, and in 22 days they’ll lose at the ballot box.”
Last week, Donalds said he did not watch the court hearing and decided to refrain from commenting on the legal case.
“That’s up to them. That’s up to the judge, I guess, to decide,” he said. “I’m leaving a sideshow as a sideshow.”
With endorsements from President Donald Trump and other Republicans, Donalds has the best chance at securing the GOP nomination for the general election to replace Gov. Ron DeSantis (R-FL). Notably, DeSantis has not endorsed any candidate in the race.
The latest FiftyPlusOne polling average shows Donalds leading Fishback by roughly 30 percentage points while Collins sits in third place. Fishback prides himself on polling in second place, even though he is still far behind the frontrunner.
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“On August 18th, we’re going to pull off a historic upset,” he said.
After the court ruling allowing him to remain on the ballot, Fishback will be holding a press conference in Tallahassee at 12 p.m. Tuesday.