LEON COUNTY, Fla. — A Leon County judge is expected to rule Monday on whether James Fishback is eligible to remain in Florida’s Republican race for governor after Lt. Gov. Jay Collins challenged his candidacy over residency requirements.
Collins, who is also running for governor, sued Fishback and questioned whether he meets a requirement in the Florida Constitution that says a candidate must have lived in the state for seven consecutive years to run for governor.
After hours of testimony last week, Circuit Judge David Frank promised to have a decision by 5 p.m. Monday.
“I can assure you that whatever it takes, I will have a very, very prompt order for you,” Frank said. “Most likely within 48 hours. And if that requires no sleep, so be it. But this is, you have to get a ruling quickly. This is a case that we cannot have any delays.”
Records show that within the past few years, Fishback bought a home in Washington, D.C., claimed it as his primary residence, received a tax deduction and voted there. He maintains the Washington property was a second home and said he never abandoned his Florida residency.
Mark McLaughlin, Collins’ campaign researcher, said the D.C. homestead deduction applies to a primary residence.
Both sides had until 5 p.m. Friday to submit any final documents.
Experts say that even though ballots have already been printed, if Fishback is removed from the race, all other choices made by a voter would still count.