Florida’s Republican primary race for governor intensified this week as Lieutenant Governor Jay Collins filed a lawsuit challenging rival James Fishback’s eligibility to run, alleging the candidate has not met the state’s seven-year residency requirement. Collins contends that Fishback, an investment firm CEO, registered to vote and received a homestead exemption in Washington, D.C. between 2020 and 2026, disqualifying him from the ballot.
Collins filed the complaint in Leon County’s Second Judicial Circuit on June 29, arguing that Fishback “does not and cannot satisfy the seven-year durational residency requirement” of the Florida Constitution. According to public records cited in the lawsuit, Fishback registered to vote in D.C. on November 3, 2020, purchased property there, signed mortgage documents identifying it as his principal residence, and received a D.C. homestead deduction for the 2026 tax year.
“The integrity of the electoral process would be greatly hindered if Mr. Fishback, as a constitutionally ineligible candidate, were allowed to appear on the ballot and receive votes for the office of Governor of Florida,” the lawsuit stated, seeking expedited resolution ahead of vote-by-mail ballots going out to overseas and domestic voters.
The Challenge and Response
Collins said in a press release that Fishback had “spent months telling Florida Republicans his polls show him in first place and that he meets Florida’s constitutional residency requirements.” He added, “If he’s telling the truth, then this lawsuit should be the easiest thing he’s done all campaign.”
Fishback denied the allegations, posting a photo of his 2016 Florida driver’s license on social media listing Davie as his address. “This baseless lawsuit is nothing more than a desperate and illegal attempt to stop our momentum because they know we’re going to win on August 18,” he wrote on X. He later released a statement saying he owns only a small apartment in Washington, D.C., where his sister stays, and that nothing in the Florida Constitution disqualifies a candidate for owning property in another state.
The lawsuit also notes that Fishback’s candidate oath, which he signed when qualifying as a gubernatorial candidate, states he resides in Madison County—a claim the lawsuit suggests may be false and therefore subject to perjury penalties.
The Legal Timeline and Context
A Leon County court scheduled a two-day hearing beginning July 21, 2026, to decide on Fishback’s eligibility. The expedited timeline reflects the urgency of the case, as ballots must be finalized and printed before mid-September for the general election in November.
The residency dispute comes as Fishback has emerged as a significant challenger in the Republican primary, which takes place August 18. According to a June poll by Associated Industries of Florida, Congressman Byron Donalds of Naples leads the field with 54 percent support, while Fishback polls at 8 percent and Collins at 5 percent. The three candidates are competing to replace term-limited Governor Ron DeSantis.
Beyond the residency challenge, Fishback has faced other obstacles from the state Republican Party. In late June, the Republican Party of Florida uninvited him from its marquee candidate forum, citing both procedural reasons and his history of controversial rhetoric. Fishback has drawn criticism for anti-semitic and racist comments, including calling Donalds—who is Black—a “slave” to corporate donors and using terms like “goyslop.”
Collins framed the lawsuit as a matter of election integrity. “I believe in election integrity,” he said at a press conference. “The Florida constitution is very clear that you have to live for seven successive years in the state of Florida as a primary residence and have a homestead.” He emphasized that protecting constitutional requirements is the most fundamental aspect of fair elections.
Fishback has characterized the lawsuit as political retaliation, comparing it to efforts against former President Donald Trump. “When the establishment knows they can’t beat us at the ballot box, they try to stop us in court,” he said.
Sources
- WUSF — Collins challenges Fishback’s candidacy, including details of the lawsuit, residency allegations, Fishback’s response, polling data, and Collins’s statement on election integrity
- Florida Phoenix — Jay Collins challenges James Fishback’s eligibility, including lawsuit details, Collins’s press release, Fishback’s response, and polling comparisons
- WLRN — Florida Republicans attempt to stymie candidacy of insurgent governor candidate Fishback, including context on party disinvitation, Fishback’s controversial rhetoric, and his polling position relative to Collins
- Spectrum Bay News 9 — Political Connections July 7, 2026, confirming the July 21 hearing date and Collins’s press conference in St. Pete
