A judge in Tallahassee ruled Monday in favor of insurgent Republican gubernatorial candidate, James Fishback, as part of a legal challenge brought by rival candidate, Lt. Gov. Jay Collins, who had alleged Fishback did not satisfy the state's minimum residency requirements.
The decision by Leon County Circuit Court Judge David Frank means Fishback, 31, will remain on the ballot in the Republican primary for Florida governor that takes place on Aug. 18.
READ MORE: How James Fishback is winning over both young and far-right voters in quest to win governor's race
The lawsuit was filed by Collins and his campaign in June. He alleged that Fishback did not meet the state's seven-year residency minimum to run for the office.
Collins cited mortgage documents in Washington, D.C., where Fishback had a home and certified it was his primary residence to receive a tax benefit, and records showing Fishback voted in D.C. in 2020.
The judge, however, was unmoved by those arguments.
Frank said that there was more evidence — like Fishback's voting record in Florida before and after 2020, his work at a debate nonprofit, his Florida driver's license, and his Sunshine State upbringing — to suggest Fishback has been and remains a Florida resident.
Collins "has not brought forth enough substantial and competent evidence to rebut these important presumptions," Frank wrote in his 25-page ruling.
"This Court will not be deciding the race between the Lieutenant Governor and Mr. Fishback," Frank wrote. "That will be in the very sound hands of the voters."
Fishback framed the ruling as a victory for the state's democratic process.
“It’s official. The disgraceful lawfare brought by Jay Collins and fueled by Byron Donalds has failed,” wrote Fishback's campaign, in a statement.
"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.”
Many of the arguments that persuaded the judge were issued by Fishback himself at a dramatic courtroom hearing last week.
The investor did not dispute that he voted in D.C., nor that he received a tax benefit for marking the D.C. property as his primary home. In that hearing, he insisted those were mistakes or explainable.
While that means that his bid for Florida governor is safe, he may face legal trouble for misrepresenting D.C. residency — something that Frank himself notes in his ruling.
The evidence "could result in regulatory, maybe even more severe legal, repercussions for the defendant under Washington, D.C. law. The defendant himself acknowledged this," he wrote. "They do not, however, defeat the presumption of continued residency under Florida law."
Collins and Fishback are seen as battling for the number two spot in the Republican primary. Congressman Byron Donalds is the frontrunner with a large war chest of campaign cash, a big lead in the polls and President Donald Trump's endorsement.
However, Donalds' popularity has dropped, as Fishback's star has risen among young male voters and far-right internet communities. Fishback's campaign has led the race on issues like banning Flock surveillance and putting a stop to artificial intelligence data centers — causing other candidates to follow suit in their proposed policies.
