Jay Collins sues to kick James Fishback off ballot in Governor’s race

Gubernatorial candidate Jay Collins just filed a lawsuit challenging GOP Primary opponent James Fishback’s eligibility for office.

Collins filed a complaint in Leon County Circuit Court against Fishback and the Secretary of State’s Office, arguing Fishback does not meet a seven-year Florida residency requirement. The legal complaint notes Fishback filed to vote in Washington, D.C., in November 2020 and voted in city elections.

The lawsuit notes that in order to register there, Fishback had to establish he was a legal resident of the District of Columbia, and that he “did not claim voting residence or the right to vote in any other state or territory, including Florida.”

Florida Politics reported on the residency questions in December.

Notably, Fishback later bought a home in Washington and claimed it as a “principal residence,” allowing him to take a homestead deduction on property taxes. In fact, he still claimed that homestead deduction as recently as February this year, according to documents filed with the lawsuit. Fishback did correct the form in April, which required paying more in taxes, including penalties and interest.

But none of that affects whether he was a resident of Florida for a seven-year duration before running for Governor, as required under the Florida Constitution. It states that when a candidate wins election as Governor, they must be 30 years old and have “resided in the state for the preceding seven years.”

Collins’ lawsuit also lists Secretary of State Cord Byrd as a plaintiff, saying the Division of Elections should not have granted Fishback status as a “qualified candidate” for Governor earlier this month. The only course to challenge such administrative actions is in court.

But the lawsuit said it was Fishback who lied on a candidate oath swearing he met all requirements to be elected Governor legally in Florida.

Collins, currently Florida’s Lieutenant Governor, said it was important that the law be enforced before voters receive ballots to vote in a Republican Primary, which is set for Aug. 18.

“Election integrity is non-negotiable. Floridians deserve to know that every candidate on their ballot meets the constitutional requirements to serve. If there are legitimate questions about a candidate’s eligibility, they should be resolved before Republicans cast their votes, not after,” Collins posted on X.

“That’s why I’ve filed this legal challenge. I refuse to let uncertainty over one candidate’s eligibility jeopardize our party’s chances in November, no matter how unlikely it may be that he wins the nomination. Our Constitution isn’t a suggestion. It’s the law.”

A total of 11 Republicans have qualified for Governor this year, most notably including U.S. Rep. Byron Donalds, former Florida House Speaker Paul Renner, Collins and Fishback.

Fishback lists Madison as his home city now, and has repeatedly produced driver’s licenses to media to verify his residency in Florida.

“Jay Collins, acting on behalf of Byron Donalds, is now illegally suing to remove me from the ballot, just like Democrats tried to do to Trump in 2024,” Fishback posted in his own social media message.

“His claim? That I, a fourth generation Floridian who has lived here my entire life, haven’t lived in Florida for the past seven years. Here’s my Florida driver’s license from 2016. 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.”

Collins has asked for an expedited hearing to consider whether Fishback should be ejected from the ballot.