Jul 07, 2026
A lawsuit that could affect the Republican race for Florida governor is now on a fast track, as a Leon County judge set aside two days later this month to decide whether James Fishback can remain on the ballot.The lawsuit was fi led by Lt. Gov. Jay Collins, one of Fishbacks rivals in the GOP primary. Collins argues Fishback does not meet Floridas seven-year residency requirement to run for governor. His complaint points to records tied to Fishbacks voter registration and residency in Washington, D.C.During a Tuesday scheduling hearing, Judge David Frank set the matter for July 21 and 22, warning attorneys there is an extreme shortage of time with the Aug. 18 primary approaching. Frank also noted it is likely already too late to stop ballots from being printed.Its too late to stop the printing of the ballots, so there would be an injunction to the Department of State to tell the supervisors of elections, dont count dont count the votes on there, and post a notice, Frank said.WATCH: Fishback ballot fight moves from debate stage to courtroom Fishback ballot fight moves from debate stage to courtroomFishbacks attorney, former state representative Anthony Sabatini, told the judge the case turns on more than paperwork, arguing Fishbacks intent will be central to determining residency. Sabatini said the defense wants time to present witnesses and documents.The courtroom fight comes just days after the issue spilled onto the debate stage. During last weeks GOP primary debate, Fishback, Collins and former House Speaker Paul Renner appeared together. Frontrunner Byron Donalds skipped the event. The absent Donalds still loomed large over the debate, with his rivals repeatedly invoking him and his position in the race.Fishback pressed Collins directly over the lawsuit getting the Lt. Gov. to note his Florida roots.Case closed. Drop the lawsuit, Fishback said during the debate.He later accused Collins of trying to steal the election with Byron Donalds. Collins pushed back, saying the challenge belongs in court.That is a matter for the court, Collins said. I actually respect the judicial system.For now, Fishback remains on the ballot. But the case adds uncertainty to the primary calendar at a time when election officials are already preparing ballots and candidates are running out of time to shift the race.Even if Fishback is removed, the broader GOP contest may still revolve around Donalds, who has maintained a commanding position in the primary through polling, fundraising and endorsements. Axios reported Tuesday that Donalds continues to tower over the field as the Aug. 18 primary approaches.Witness and exhibit lists are due five days before the July 21 hearing. ...read more read less
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