TALLAHASSEE, Fla. — Republican gubernatorial candidate James Fishback turned his courtroom victory into a campaign counterattack Tuesday, demanding that Lt. Gov. Jay Collins resign after Collins failed to remove him from Florida’s primary ballot.
Fishback said he contacted Collins before an afternoon news conference and accused the lieutenant governor of abusing his office and the public trust by pursuing the residency challenge.
“It wasn’t enough for them, because this was not about election integrity,” Fishback said. “This was about rigging an election.”
Fishback maintains that he gave Collins evidence of his Florida residency before the lawsuit was filed. Collins argued that Fishback failed to satisfy the Florida Constitution’s requirement that a governor reside in the state for the seven years preceding the general election.
Collins rejected the resignation demand and said the ruling would not change his campaign.
“I’m extremely disappointed in the decision,” Collins said. “The old saying, ‘Home is where the heart is.’ I never imagined that would be a legal defense—that you could just decide you feel like being a Floridian, and therefore you are.”
Collins also mocked Fishback as a “trans-Floridian” and argued that Fishback’s testimony about his Washington, D.C., records raised questions about his ability to manage the state.
“If you can’t manage yourself and you want to manage Florida and lead Florida?” Collins said. “You need to go grow up, pay attention and learn how to lead your life.”
Judge finds evidence insufficient
Circuit Judge David Frank ruled Monday that Collins failed to present enough evidence to overcome Florida’s legal presumptions favoring continued residency and access to the ballot.
Collins’ attorneys pointed to records showing Fishback voted in Washington during the 2020 presidential election, filed D.C. resident income-tax returns and signed mortgage documents identifying a condominium there as his principal residence. The property also received a D.C. homestead deduction.
Fishback testified that he never intended to abandon Florida as his permanent home. He described the Washington property as a second residence or investment and said he signed the mortgage documents without closely reviewing them.
Frank acknowledged that Fishback’s filings could potentially create legal or regulatory consequences in Washington. But he found that they did not establish that Fishback intended to surrender his Florida domicile.
The judge also cited Fishback’s Florida upbringing, family connections, driver’s license, vehicle registration, voting history and business ties to the state.
“Simply put, plaintiff has not brought forth enough substantial and competent evidence to rebut these important presumptions,” Frank wrote. “This 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.”
The order leaves Fishback on the Aug. 18 Republican primary ballot. Collins had not announced an appeal as of Tuesday afternoon.
Why Fishback’s victory could help Donalds
While Fishback prevailed in court, USF political scientist Susan MacManus said his continued presence in the race could benefit U.S. Rep. Byron Donalds, the Trump-endorsed Republican frontrunner.
“The three people who are running against Donalds are going to split the vote, which makes Donalds’ likelihood of gaining the nomination very, very strong,” MacManus said.
Recent polling has consistently shown Donalds leading Fishback, Collins and former Florida House Speaker Paul Renner, though the size of his advantage has varied.
A Cygnal survey conducted July 12 and 13 placed Donalds at 43%, Fishback at 12%, Collins at 11% and Renner at 2%. Another 31% of likely Republican primary voters remained undecided.
Other recent surveys have placed Donalds between roughly 38% and 48%, with none showing a challenger ahead of him. The Cygnal analysis also found that Donalds performed best among older, more reliable primary voters, while Fishback’s support was concentrated among younger Republicans with less consistent voting histories.
MacManus said Donalds’ early endorsement from President Donald Trump, higher name recognition and support among frequent primary voters have made it difficult for any challenger to consolidate the anti-Donalds vote.
Florida law awards a party’s nomination to the candidate receiving the most primary votes, even without an outright majority. That means a divided field can benefit the frontrunner. Florida Statute 100.061 directs that the candidate receiving the highest number of votes be declared the nominee.
Florida’s closed Republican primary is Aug. 18, with the mandatory statewide early-voting period beginning Aug. 8. Election officials say individual counties may offer additional early-voting days.
Fishback won the ballot fight. But with three weeks remaining, Donalds still looks to control the political math.
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