Gubernatorial candidate Jay Collins challenges James Fishback’s candidacy

BY JENNIFER CABRERA

TALLAHASSEE, Fla. – Lieutenant Governor Jay Collins, who is running for Governor, has filed a lawsuit in Leon County, challenging James Fishback’s candidacy based on information about Fishback’s residency in Washington, D.C. The lawsuit requests an expedited hearing.

Florida Statute 99.0211, which took effect on April 1, 2026, expressly authorizes another candidate in the same race to challenge a candidate’s qualifications to appear on the ballot and entitles the challenger to an expedited final hearing; the lawsuit also notes that the Florida Secretary of State “may not determine whether the content of [qualifying forms] are accurate or whether a candidate is constitutionally eligible.”

Florida’s constitution requires a candidate to reside in Florida for the seven-year period preceding the election, which would be November 4, 2019, to November 3, 2026, in Fishback’s case.

According to the complaint filed in the lawsuit, Fishback registered to vote in Washington, D.C. on November 3, 2020, and voted on the same day; according to information received by Collins on June 22, Fishback remained on the active voter roll for Washington, D.C. on June 1, 2026.

Washington, D.C. requires a voter to maintain a residence in D.C. for at least 30 days preceding the election, and the voter must not claim voting residence or the right to vote in any other state or territory. The lawsuit states that Fishback executed a voter application, attesting that he met these qualifications and did “not claim a residence outside the District of Columbia.”

The complaint states that on September 27, 2021, Fishback purchased a home in Washington, D.C. and executed a deed of trust containing a covenant requiring Fishback to “occupy, establish, and use the Property as Borrower’s principal residence” within 60 days and “continue to occupy the Property as Borrower’s principal residence for at least one year after the date of occupancy.”

According to Collins’ attorneys, Fishback received a homestead deduction in D.C. through the 2026 tax year, although on April 23, 2026, the District of Columbia Office of Tax and Revenue reversed the homestead deduction back to 2023, with penalties and interest.

The complaint notes that by registering to vote in Washington, D.C., purchasing a home, signing a covenant to occupy it as his principal residence, and receiving a homestead deduction, Fishback “engaged in positive, overt acts establishing his domicile in the District of Columbia, and not in Florida, during a substantial portion of the seven-year period preceding the November 3, 2026 general election.”

In addition, the complaint states that by signing his Candidate’s Oath, knowing he did not satisfy the residency requirements, Fishback committed perjury.

The complaint asks the judge to rule that Fishback does not satisfy the seven-year residency requirement, that his Candidate’s Oath is invalid and false, and that his name may not appear on the ballot (or that notices will be issued that a vote for Fishback will not be counted).