Updated: July 21, 2026 • 10:15 p.m. ET
TALLAHASSEE, Fla. — A Leon County judge is expected to decide by early next week whether Republican gubernatorial candidate James Fishback can remain on Florida’s 2026 gubernatorial ballot after a daylong court hearing examining whether he satisfied the state’s constitutional residency requirement.
The nearly eight-hour hearing before Circuit Judge David Frank focused on whether Fishback maintained his legal residence in Florida during the seven years preceding the election, as required under Article IV, Section 5 of the Florida Constitution.
Following testimony from expert witnesses, Fishback, members of his family, and a former employee, Frank said he expects to issue a written ruling by Monday.
The outcome could have significant implications for Florida’s Republican gubernatorial primary less than a month before voters head to the polls.
Lawsuit Challenges Fishback’s Residency
The lawsuit was filed by attorneys representing Republican rival Lt. Gov. Jay Collins, who argues that Fishback established residency outside Florida through actions including voting in Washington, D.C., purchasing a home there, and listing a Washington address on certain tax and financial documents.
Fishback’s legal team, led by attorney Anthony Sabatini, argued those actions did not change his legal domicile and maintained that Florida has remained Fishback’s permanent residence.
Judge Frank heard testimony from records experts, handwriting experts, and multiple witnesses before taking the case under advisement.
Fishback Testifies About Washington, D.C.
During his testimony, Fishback acknowledged that he voted in Washington, D.C., during the 2020 presidential election and purchased a home there in 2021.
Fishback testified that he did not realize those actions could be interpreted as establishing legal residency outside Florida and maintained that he always considered Florida to be his permanent home.
“My ID was my Florida driver’s license, which I had since high school,” Fishback testified. “I said, ‘Hey, can I vote for Trump in this national election?’ And they said yes.”
Fishback said he traveled to Washington during the COVID-19 pandemic and purchased the home primarily to spend time with family members living in the area.
According to the U.S. Vote Foundation, District of Columbia election laws require voters to establish residency before registering to vote.
Fishback acknowledged the possibility of legal consequences if authorities determine he voted improperly.
“If I am criminally prosecuted for telling the truth, I will face that fate soon enough,” Fishback testified.
He nevertheless insisted that Florida has always been his legal residence.
Tax Documents Also Examined
Attorneys challenging Fishback’s eligibility also questioned why several federal tax documents listed a Washington, D.C., address between 2020 and 2022.
Fishback testified that a Denver-based accountant prepared many of his tax filings beginning in 2018 and attributed the Washington address to administrative errors rather than an intent to establish residency outside Florida.
He also testified that one of his nonprofit organizations was mistakenly registered using an incorrect Fort Lauderdale address because of filing errors.
Sabatini argued that Fishback never intended to abandon his Florida residency and emphasized that his client was 26 years old when many of the documents in question were signed.
Brief Exchange During Court Recess
The hearing briefly turned tense during a recess when Fishback and John Cardillo, a senior adviser to Collins, exchanged verbal remarks outside the formal court proceedings.
According to reporters present in the courtroom, Fishback criticized Collins for filing the lawsuit and directed comments toward Cardillo.
“Where’s your boss? He’s a coward,” Fishback said.
Cardillo responded by referencing a separate federal judgment ordering Fishback to pay more than $1 million in legal fees stemming from litigation involving his former employer.
Fishback then accused Collins of using public campaign funds to pay Cardillo and responded:
“John, you’re going to give that money back or go to jail when I’m governor.”
During the same recess, one Fishback supporter also exchanged words with Cardillo before court resumed.
The exchanges were not part of the evidence presented to Judge Frank.
Decision Expected by Monday
After closing arguments, Judge Frank said he would review the evidence before issuing a written ruling expected by Monday.
If the court concludes Fishback failed to satisfy Florida’s constitutional residency requirement, he could be removed from the Republican gubernatorial primary ballot.
If Fishback prevails, he will remain in the race alongside Republican candidates Byron Donalds, Jay Collins, Paul Renner, and others seeking the GOP nomination to succeed term-limited Gov. Ron DeSantis.
After the hearing, Fishback expressed confidence that the court would rule in his favor.
“It was an extremely weak case,” Fishback told reporters. “We won this case today.”
The case has become one of the highest-profile legal disputes of Florida’s 2026 election cycle because it tests the constitutional qualifications required of candidates seeking the state’s highest office.
Editor’s Note: This is a developing story. The Florida Pundit will update this article when the court issues a ruling.
Related Coverage
- Judge Sets July 21 Hearing in Lawsuit Challenging James Fishback’s Eligibility for Florida Governor’s Race
- Another Poll Shows Massive Lead for Byron Donalds in GOP Primary Race
- Florida Elections 2026: Candidates, Races, Ballot Measures & Election News
- DOME Briefing: What Moves Florida Politics
Sources
- Leon County Circuit Court — Order Setting Residency Hearing (July 21, 2026)
- Florida Constitution, Article IV, Section 5
- Florida Division of Elections — Candidates & Races
- U.S. Vote Foundation
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