ALLAHASSEE, Fla. — A Leon County circuit judge ruled Monday that Republican gubernatorial candidate James Fishback may remain on Florida’s Aug. 18 primary ballot, rejecting Lt. Gov. Jay Collins’ attempt to disqualify his rival over the state Constitution’s seven-year residency requirement.
Circuit Judge David Frank found that Collins had not presented enough evidence to prove Fishback intended to abandon Florida as his permanent residence, despite records showing that Fishback registered and voted in Washington, D.C., purchased a condominium there and identified the property as his primary residence on mortgage and tax documents.
The decision resolves, for now, one of the most consequential ballot-access disputes of Florida’s 2026 election. Collins can seek appellate review, but Fishback remains a qualified candidate while vote-by-mail ballots are already circulating.
Judge Finds Evidence Insufficient to Disprove Florida Domicile
Florida’s Constitution requires a governor to have resided in the state for the preceding seven years. The dispute turned on whether Fishback’s documented ties to Washington established that he had changed his legal domicile and interrupted that seven-year period.
In his written order, Frank concluded that Collins failed to overcome the legal presumptions supporting Fishback’s qualification and continued Florida domicile.
“Simply put, the plaintiff has not brought forth enough substantial and competent evidence to rebut these important presumptions.”
The ruling does not say the Washington records were irrelevant. Instead, the court found that the evidence did not sufficiently establish that Fishback intended to give up Florida as his permanent home.
Fishback’s name will therefore remain on the Republican primary ballot, and votes cast for him will be counted unless a higher court changes the result.
Washington Voting and Property Records Drove Challenge
Collins filed the lawsuit after public records showed that Fishback registered and voted in Washington during the 2020 presidential election.
Collins also relied on documents connected to a condominium Fishback purchased there in 2021, including mortgage paperwork identifying it as his principal residence and records showing a District of Columbia homestead tax benefit.
During a nearly eight-hour evidentiary hearing July 21, Fishback acknowledged voting in Washington and signing the mortgage documents. He testified, however, that he was temporarily in the District during the COVID-19 pandemic and never intended to make it his permanent home.
Fishback told the court that he maintained a Florida driver’s license, continued operating Florida-based activities and regarded Florida as his permanent residence.
His attorneys argued that domicile depends not only on where a person spends time or owns property, but also on whether that person intended to abandon one permanent home and establish another.
Collins’ attorneys argued that Fishback’s voter registration, ballot, tax records, mortgage representations and homestead benefit collectively demonstrated Washington residency during part of the constitutionally required period.
Frank ultimately found that evidence insufficient to carry Collins’ burden.
Ruling Does Not Resolve Other Questions About D.C. Records
The decision addresses Fishback’s eligibility to run for governor. It does not resolve whether his Washington voter registration, ballot, mortgage representations or tax treatment complied with District of Columbia or federal law.
Fishback testified that he registered and voted in Washington in 2020 while possessing a Florida driver’s license. He also acknowledged that his explanation could prompt separate legal questions but maintained that he was telling the truth about never abandoning Florida.
No criminal charges were at issue in Collins’ civil ballot challenge, and the ruling should not be characterized as resolving any potential matter outside Fishback’s constitutional eligibility.
Fishback Remains in Crowded Republican Primary
The ruling keeps Fishback in the Republican contest alongside Collins, U.S. Rep. Byron Donalds, former Florida House Speaker Paul Renner and other candidates seeking to succeed term-limited Gov. Ron DeSantis.
Donalds remains the Republican frontrunner, but the Fishback litigation added another layer of uncertainty to a primary entering its final three weeks.
Fishback has selected Sarasota businessman Sean Lozano as his running mate and continued campaigning while the lawsuit was pending.
The compressed election calendar could make any appeal move quickly. Ballots have already been printed and vote-by-mail voting is underway, leaving little time for prolonged appellate proceedings before the Aug. 18 primary.
The Florida Pundit will update this report if Collins files an appeal or a higher court changes the ruling.
Official Documents and Sources
- July 27 court order
- Collins’ original complaint
- Florida Constitution
- Florida Division of Elections candidate tracking
Related Coverage
- Judge to Decide James Fishback’s Ballot Eligibility After Marathon Residency Hearing
- Explained: What Happens if James Fishback Is Ruled Ineligible?
- Judge Sets Hearing in Fishback Eligibility Lawsuit
- James Fishback Selects Sean Lozano as Running Mate
Get The Florida Pundit Newsletter
Breaking Florida politics, investigations, elections, and government news delivered directly to your inbox.
The post Florida Judge Rules James Fishback Can Remain on Republican Governor Primary Ballot appeared first on The Florida Pundit.
