Florida judge denies request to remove GOP candidate James Fishback from ballot
TALLAHASSEE, Fla. —
A Florida judge decided the fate of a Republican gubernatorial candidate weeks before the August primary election.
According to court documents in Leon County on Monday, July 27, Judge David Frank ruled to deny a request by Florida’s lieutenant governor and current Republican candidate for governor, Jarrid “Jay” Collins, to remove fellow GOP candidate James Fishback from the Republican primary ballot.
A Florida judge ruled that Republican gubernatorial candidate James Fishback meets residency requirements, allowing him to remain on the primary ballot despite challenges from fellow candidate Jay Collins.
The judge ordered the Florida Department of State to properly certify Fishback as a candidate and is qualified as a candidate for the Republican Party nomination for the office of governor.
The Florida primary election is scheduled for Tuesday, August 18.
“It’s official. I will remain on your ballot,” Fishback said in a social media post on Monday. “The disgraceful lawfare brought by Jay Collins and fueled by Byron Donalds has failed. This is a victory for our campaign, for the Constitution, and for every Floridian who believes elections should be decided by the voters.”
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Collins claimed in court documents that Fishback did not meet Florida residency requirements to be a candidate for governor, because between 2019 and 2022, Fishback purchased a home, registered to vote and voted in the District of Columbia.
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Fishback allegedly applied for and received the District of Columbia’s homestead deduction, which required him to confirm that the property he owned in D.C. was his permanent home and domicile.
During a court hearing, the judge noted that Fishback testified that he intended to keep his Florida residency and never intended to abandon it.
The judge noted that state law is not strict, as it places “great weight on the subjective intent of the person declaring residency. ‘The best proof of one’s domicile is where [the person] says it is.'”
The judge noted, “That law may be imprudent, or it may give too much leeway to a person seeking or maintaining residency. But it is the law.”
Earlier this year, Florida Lt. Gov. Jay Collins addressed a packed room at the Republican Club dinner in Boca Raton, emphasizing his background as a retired Green Beret and focusing on key issues affecting South Floridians.
The judge noted that Collins failed to produce evidence that Fishback declared changing residency from Florida to Washington, D.C.
Collins did produce evidence of a Sept. 2, 2022, letter related to a property purchased by Fishback in Madison that Fishback stated, “My new purchase will serve as my new primary residence. I plan to keep 2325 42nd Street NW Washington DC as a second home or as a future investment property.”
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Despite the letter, the judge ruled that Collins did not produce enough evidence to determine that Fishback surrendered his Florida residency.
Despite polling suggesting Byron Donalds holds a commanding lead among likely Republican voters to win the primary and advance to November’s general election, Fishback, who says he is a fourth-generation Floridian, is confident in his chances during the primary.
“Jay Collins and Byron Donalds tried to stop our campaign because they know they can’t beat us,” Fishback said in a statement. “Today, they lost in court and in 22 days, they’ll lose at the ballot box. I’m polling in 2nd place, and on August 18th we’re going to pull off a historic upset.”