Florida Judge Upholds Fishback’s Ballot Eligibility Amid Residency Dispute

Last updated: July 28, 2026

NewsWK — A Leon County judge has ruled that James Fishback, a candidate for governor in Florida, will remain on the ballot. This decision follows a court hearing where Judge David Frank clarified that the judiciary should not intervene in political races determined by voters.

Judge Frank stated, “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 ruling came after Fishback was challenged by Jay Collins, who argued that Fishback violated state residency laws by voting and purchasing property in Washington, D.C. in 2020.

According to the Florida Constitution, gubernatorial candidates must have lived in the state for at least seven years. However, Judge Frank found that Collins did not provide sufficient evidence to prove Fishback had established residency outside of Florida. Fishback testified that he did not realize voting and living in D.C. could be interpreted as establishing residency there, insisting he always intended to remain a resident of Florida.

Judge Frank referenced a past Florida Supreme Court ruling, emphasizing that a person’s stated domicile holds significant weight. He noted, “The best proof of one’s domicile is where [the person] says it is.” Although Collins’ attempt to remove Fishback from the ballot was unsuccessful, the impact on the overall race remains to be seen, with U.S. Rep. Byron Donalds leading in the polls.

Fishback expressed optimism following the ruling, framing it as a victory for voters. He stated, “It’s official. The disgraceful lawfare brought by Jay Collins and fueled by Byron Donalds has failed. This isn’t just a victory for our campaign. It’s a victory for the Constitution and for every Floridian who believes elections should be decided by voters, not politicians trying to rig the system.”

Collins’ attorney, Mark Meuser, criticized the ruling, suggesting it reflects a misunderstanding of the law. He stated, “Mr. Fishback may have been able to convince the court to leave him on the ballot, but in doing so, he demonstrated he does not have the mental capacity to govern himself, let alone Florida.”

Judge Frank also noted that while Fishback could face potential legal issues related to his voting in D.C., this does not negate his declared intentions to maintain residency in Florida. He remarked on the delicate nature of such political proceedings, highlighting the importance of safeguarding the electoral process.