{"id":354538,"date":"2026-07-28T03:25:31","date_gmt":"2026-07-28T03:25:31","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-fl\/354538\/"},"modified":"2026-07-28T03:25:31","modified_gmt":"2026-07-28T03:25:31","slug":"fishback-remains-on-florida-ballot-despite-residency-claims","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-fl\/354538\/","title":{"rendered":"Fishback remains on Florida ballot despite residency claims"},"content":{"rendered":"

\"\"Credit: James Fishback\/Facebook<\/p>\n

A Leon County judge refused Monday to kick Florida gubernatorial candidate James Fishback off the ballot, agreeing that he hadn\u2019t meant to establish residency in D.C. and pointing out that it\u2019s not the court\u2019s job to decide who becomes Florida\u2019s next governor.<\/p>\n

\u201cThis 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,\u201d Judge David Frank wrote in his 25-page order, issued just before 5 p.m. Monday.<\/p>\n

Collins sued last month, arguing Fishback is breaking Florida law by running for governor because he bought a home and voted in D.C. in 2020. The state Constitution requires gubernatorial candidates to have lived in Florida for seven years.<\/p>\n

But Frank ruled that Collins failed to prove Fishback had established residency outside Florida, crediting Fishback\u2019s testimony\u00a0last week<\/a>\u00a0that he didn\u2019t know voting and living in Washington, D.C., could amount to establishing residency there. He insisted he always intended to remain a Florida resident.<\/p>\n

\u201c\u2018The best proof of one\u2019s domicile is where [the person] says it is,\u2019\u201d Frank wrote, quoting a 1947 Florida Supreme Court case. \u201cThat law may be imprudent, or it may give too much leeway to a person seeking or maintaining residency.\u00a0<\/p>\n

\u201cBut it is the law.\u201d<\/p>\n

Although the ruling was a blow to Collins\u2019 already-struggling campaign, it\u2019s likely to have little effect on the consistent leader in the polls: Trump-endorsed U.S. Rep. Byron Donalds.\u00a0<\/p>\n

A two-term House member, Donalds has raked in upwards of 40% in most polls compared to Collins\u2019 and Fishback\u2019s battle for both second place and to climb out of single-digit polling support.<\/p>\n

Fishback remains optimistic, tying Collins\u2019 attempt to strike him from the race to Donalds.<\/p>\n

\u201cIt\u2019s official. The disgraceful lawfare brought by Jay Collins and fueled by Byron Donalds has failed,\u201d Fishback said in a written statement. \u201cThis isn\u2019t just a victory for our campaign. It\u2019s a victory for the Constitution and for every Floridian who believes elections should be decided by voters, not politicians trying to rig the system.\u201d<\/p>\n

\u201cJay Collins and Byron Donalds tried to stop our campaign because they know they can\u2019t beat us. Today, they lost in court, and in 22 days they\u2019ll lose at the ballot box.\u201d<\/p>\n

Collins\u2019 lawyer, Mark Meuser, told the Phoenix the ruling was \u201cdisappointing\u201d and represents an \u201cignorance of the law.\u201d<\/p>\n

\u201cHis 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\u2019t understand how the law works when it comes to election integrity and paying state income taxes,\u201d Meuser said. \u201cMr. 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.\u201d<\/p>\n

What else did the judge say?<\/p>\n

Fishback\u2019s Florida roots, including being born and raised here, holding a Florida driver license, operating a Florida company, and voting in Florida every election except 2020, showed he never intended to set up domicile outside of the Sunshine State, Frank said.<\/p>\n

And while Fishback could face regulatory or even \u201csevere legal repercussions\u201d for voting in D.C. with a Florida license and receiving a homestead exemption on his D.C. property, it doesn\u2019t negate Fishback\u2019s intentions or his \u201ccontinued residency\u201d in Florida, the judge concluded.<\/p>\n

\u201cSimply put, plaintiff has not brought forth enough substantial and competent evidence to rebut these important presumptions,\u201d he said.<\/p>\n

Frank struck a cautious tone in his order, pointing out the importance of walking a \u201cfine line\u201d in \u201cthis distinctly political process.\u201d\u00a0<\/p>\n

Quoting from a 1980 Florida case, he wrote, \u201cIf two equally reasonable constructions might be found, this Court in the past has chosen the one which enhances the elective process by providing voters with the greater choice in exercising their democratic rights.\u201d<\/p>\n

Florida Phoenix<\/a>\u00a0is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions:\u00a0info@floridaphoenix.com<\/a>. Follow Florida Phoenix on\u00a0Facebook<\/a>\u00a0and\u00a0Twitter<\/a>.<\/p>\n

Subscribe to Orlando Weekly newsletters.<\/a><\/p>\n

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