TALLAHASSEE, Fla. — Republican gubernatorial candidate James Fishback called Wednesday for Lt. Gov. Jay Collins to resign from office, escalating their political feud two days after a judge rejected Collins’ attempt to remove Fishback from Florida’s primary ballot.
Fishback said he called Collins before holding a news conference in Tallahassee and accused the lieutenant governor of abusing his office, his appointment by Gov. Ron DeSantis and the public trust by pursuing the residency challenge.
“This was not about election integrity,” Fishback said. “This was about rigging an election.”
Collins’ campaign had no immediate response to the resignation demand, according to Florida Politics.
Fishback Turns Court Victory Into Political Attack
The demand follows Circuit Judge David Frank’s ruling that Fishback may remain on Florida’s Aug. 18 Republican primary ballot.
Collins filed the lawsuit arguing that Fishback failed to satisfy the Florida Constitution’s seven-year residency requirement for governor. The challenge relied heavily on records showing that Fishback voted in Washington, D.C., in 2020, later purchased a condominium there, identified the property as his principal residence on mortgage documents and received a District homestead tax benefit.
During a nearly eight-hour hearing in Leon County, Fishback acknowledged voting in Washington and signing the mortgage documents. He testified, however, that he never intended to abandon Florida as his permanent home.
Fishback pointed to evidence that he maintained a Florida driver’s license and did not obtain a Washington driver’s license, register a vehicle there or purchase automobile insurance in the District.
Frank ultimately found that Collins failed to overcome Florida’s legal presumptions favoring candidate qualification and continued residency.
“The plaintiff has not brought forth enough substantial and competent evidence to rebut these important presumptions,” Frank wrote in his 25-page order.
The judge said the governor’s race should be decided by voters.
Judge Did Not Find Lawsuit Frivolous
Fishback described the lawsuit as frivolous and accused Collins of attempting to rig the primary. Those characterizations go beyond Frank’s written ruling.
The judge did not find that Collins abused his office, filed the case for an improper purpose or attempted to manipulate the election. The decision was limited to whether Collins presented enough evidence to prove Fishback abandoned his Florida domicile.
Frank also noted that Fishback’s Washington voting, mortgage and tax records could potentially carry separate regulatory or legal consequences. Those questions were not before the court, and the order did not resolve them.
Collins may still appeal the ruling, although the approaching primary and the distribution of vote-by-mail ballots create a compressed timeline for further litigation.
Resignation Demand Escalates Republican Primary Feud
Fishback’s demand goes beyond asking Collins to leave the governor’s race. He is calling for Collins to resign from his current position as Florida’s lieutenant governor.
Collins was appointed lieutenant governor by DeSantis and is seeking the Republican nomination to succeed the term-limited governor. He and Fishback are competing against a field that includes U.S. Rep. Byron Donalds and former Florida House Speaker Paul Renner.
Fishback portrayed the failed lawsuit as an effort to sideline his campaign during the final weeks before the Aug. 18 primary. Collins originally argued that resolving Fishback’s eligibility was necessary to prevent Republicans from nominating a candidate who might later be unable to serve.
The court rejected Collins’ challenge but did not address the broader political accusations now being exchanged between the candidates.
The Florida Pundit will update this report if Collins responds to Fishback’s resignation demand or files an appeal.
Sources
- Leon County Circuit Court — July 27 order on Fishback’s eligibility
- Florida Constitution
- Florida Division of Elections candidate tracking
- WUSF — Judge rejects challenge to Fishback’s governor bid
Related Coverage
- Florida Judge Rules James Fishback Can Remain on Republican Governor Primary Ballot
- Judge to Decide Fishback’s Ballot Eligibility After Marathon Hearing
- Judge Sets Hearing in Fishback Eligibility Lawsuit
- Fishback Selects Sean Lozano as Running Mate
