Updated: July 27, 2026 • 7:50PM ET — This report has been expanded with details from Judge David Frank’s written order.
TALLAHASSEE, Fla. — A Leon County circuit judge ruled Monday that Republican gubernatorial candidate James Fishback may remain on Florida’s Aug. 18 primary ballot, rejecting Lt. Gov. Jay Collins’ attempt to disqualify his rival under the state Constitution’s seven-year residency requirement.
Circuit Judge David Frank found that Collins had not presented sufficient evidence to prove Fishback intended to abandon Florida as his permanent residence. Records showed that Fishback registered and voted in Washington, D.C., purchased a condominium there, listed it as his principal residence on mortgage paperwork and received a District homestead tax benefit.
Judge Says Collins Failed to Prove Change in Domicile
The dispute turned on whether Fishback’s documented ties to Washington established that he had changed his legal domicile and interrupted the constitutionally required seven-year residency period.
In his written order, Frank concluded that Collins had not overcome the legal presumptions supporting Fishback’s qualification and continued Florida domicile.
The judge acknowledged Fishback’s Washington voting, property and tax records. During the July 21 hearing, however, Fishback testified that he signed the mortgage documents without understanding their residency implications and always intended Florida to remain his permanent home.
Frank wrote that Florida law places significant weight on a person’s intent when determining domicile. He also said courts should exercise caution before removing candidates from the ballot when their eligibility remains disputed.
“That will be in the very sound hands of the voters,” Frank wrote.
Fishback called the decision a “victory for the Constitution” and said elections should be decided by voters. That represents the campaign’s characterization of the ruling.
Washington Voting and Property Records Drove Challenge
Collins filed the lawsuit after public records showed that Fishback registered and voted in Washington during the 2020 presidential election.
Collins also relied on documents connected to a condominium Fishback purchased there in 2021, including mortgage paperwork identifying it as his principal residence and records showing a District of Columbia homestead tax benefit.
During the nearly eight-hour evidentiary hearing, Fishback acknowledged voting in Washington and signing the mortgage documents. He testified that he was temporarily in the District during the COVID-19 pandemic and never intended to make it his permanent home.
Fishback told the court that he maintained a Florida driver’s license, continued operating Florida-based activities and regarded Florida as his permanent residence.
His attorneys argued that domicile depends not only on where a person spends time or owns property, but also on whether that person intended to abandon one permanent home and establish another.
Collins’ attorneys argued that Fishback’s voter registration, ballot, tax records, mortgage representations and homestead benefit collectively demonstrated Washington residency during part of the constitutionally required period.
Frank ultimately found that evidence insufficient to carry Collins’ burden.
Order Limited to Fishback’s Ballot Eligibility
Frank’s decision resolves whether Collins proved Fishback constitutionally ineligible to run for governor. It does not determine the accuracy or legal effect of the Washington voting, mortgage and tax records beyond their relevance to Fishback’s Florida domicile.
No criminal allegation or separate enforcement action was before the court.
Fishback Remains in Crowded Republican Primary
The ruling keeps Fishback in the Republican contest alongside Collins, U.S. Rep. Byron Donalds, former Florida House Speaker Paul Renner and other candidates seeking to succeed term-limited Gov. Ron DeSantis.
Donalds remains the Republican frontrunner, but the Fishback litigation added another layer of uncertainty to a primary entering its final three weeks.
Fishback has selected Sarasota businessman Sean Lozano as his running mate and continued campaigning while the lawsuit was pending.
Collins may appeal the decision. Any request for appellate relief would face a compressed election calendar because ballots have already been printed and vote-by-mail voting is underway ahead of the Aug. 18 primary.
The Florida Pundit will update this report if Collins files an appeal or a higher court changes the ruling.
Sources
- July 27 court order
- Collins’ original complaint
- Florida Constitution
- Florida Division of Elections candidate tracking
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- Judge to Decide James Fishback’s Ballot Eligibility After Marathon Residency Hearing
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- Judge Sets Hearing in Fishback Eligibility Lawsuit
- James Fishback Selects Sean Lozano as Running Mate
