A Leon County judge refused Monday to kick Florida gubernatorial candidate James Fishback off the ballot, agreeing that he hadn’t meant to establish residency in D.C. and pointing out that it’s not the court’s job to decide who becomes Florida’s next governor.
“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,” Judge David Frank wrote in his 25-page order, issued just before 5 p.m. Monday.
Collins sued last month, arguing Fishback is breaking Florida law by running for governor because he bought a home and voted in D.C. in 2020. The state Constitution requires gubernatorial candidates to have lived in Florida for seven years.
But Frank ruled that Collins failed to prove Fishback had established residency outside Florida, crediting Fishback’s testimony last week that he didn’t know voting and living in Washington, D.C., could amount to establishing residency there. He insisted he always intended to remain a Florida resident.
“‘The best proof of one’s domicile is where [the person] says it is,’” Frank wrote, quoting a 1947 Florida Supreme Court case. “That law may be imprudent, or it may give too much leeway to a person seeking or maintaining residency.
“But it is the law.”
Although the ruling was a blow to Collins’ already-struggling campaign, it’s likely to have little effect on the consistent leader in the polls: Trump-endorsed U.S. Rep. Byron Donalds.
A two-term House member, Donalds has raked in upwards of 40% in most polls compared to Collins’ and Fishback’s battle for both second place and to climb out of single-digit polling support.
Fishback remains optimistic, tying Collins’ attempt to strike him from the race to Donalds.
“It’s official. The disgraceful lawfare brought by Jay Collins and fueled by Byron Donalds has failed,” Fishback said in a written 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.”
“Jay Collins and Byron Donalds tried to stop our campaign because they know they can’t beat us. Today, they lost in court, and in 22 days they’ll lose at the ballot box.”
Collins’ lawyer, Mark Meuser, told the Phoenix the ruling was “disappointing” and represents an “ignorance of the law.”
“His ignorance may be enough to keep him on the ballot, but who wants to vote for a candidate whose own sworn testimony is he committed mortgage fraud and doesn’t understand how the law works when it comes to election integrity and paying state income taxes,” Meuser said. “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.”
What else did the judge say?
Fishback’s Florida roots, including being born and raised here, holding a Florida driver license, operating a Florida company, and voting in Florida every election except 2020, showed he never intended to set up domicile outside of the Sunshine State, Frank said.
And while Fishback could face regulatory or even “severe legal repercussions” for voting in D.C. with a Florida license and receiving a homestead exemption on his D.C. property, it doesn’t negate Fishback’s intentions or his “continued residency” in Florida, the judge concluded.
“Simply put, plaintiff has not brought forth enough substantial and competent evidence to rebut these important presumptions,” he said.
Frank struck a cautious tone in his order, pointing out the importance of walking a “fine line” in “this distinctly political process.”
Quoting from a 1980 Florida case, he wrote, “If two equally reasonable constructions might be found, this Court in the past has chosen the one which enhances the elective process by providing voters with the greater choice in exercising their democratic rights.”
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.
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