A Leon County judge will decide by Monday whether Republican gubernatorial candidate James Fishback meets Florida's constitutional residency requirement after a lawsuit challenging his candidacy concluded Tuesday following a single day of testimony. Circuit Judge David Frank set a 5 p.m. Friday deadline for proposed orders and promised a ruling by 5 p.m.
Monday in the election dispute brought by Lt. Gov. Jay Collins, one of Fishback's opponents in the Aug. 19 primary. Collins argues that Fishback's Washington, D.C., voting, tax and property records show he did not reside in Florida for the seven consecutive years required to serve as governor.
Opposition researcher Mark McLaughlin testified that public records showed Fishback registered and voted in D.C. in November 2020, used Washington addresses on tax returns through 2022, and purchased a condominium there in 2021. The mortgage paperwork required Fishback to establish and use the property as his principal residence for at least one year, and property tax records showed the condominium received a D.C. homestead deduction generally reserved for a primary residence.
A document connected to Fishback's 2022 purchase of a Madison County home described the Florida property as his new primary residence and said the D.C. condominium would be retained as a second home or investment. Collins' attorneys also called forensic document examiner Thomas Vastrick, who concluded it was probable the signature on Fishback's D.C. voter registration record was written by Fishback.
Fishback spent several hours on the witness stand offering explanations for the D.C. records. He acknowledged signing mortgage paperwork identifying the Washington condominium as his primary residence but said the declaration was false, testifying he was 26, buying property for the first time and rushed through the documents while his family waited to leave for lunch.
Fishback also admitted registering and voting in Washington during the 2020 presidential election but said he did not understand he was registering as a Washington voter. He testified that he had traveled to D.C. to visit his parents shortly before the COVID-19 pandemic and remained there during lockdowns, staying away from his elderly grandmother in Plantation because he feared exposing her to the virus. Fishback said he entered a D.C. polling location with his Florida driver's license and asked whether he could vote for President Donald Trump.
The day began with a confrontation inside the courtroom between Fishback, his supporters and members of Collins' campaign team. During the exchange, which included expletives, Fishback promised to place a top Collins advisor behind bars, suggesting the trial was an orchestrated political takedown. A Cygnal survey released Monday showed U.S. Rep.
Byron Donalds leading the primary with 43%, while Fishback received 12%, Collins 11% and former House Speaker Paul Renner 2%. Another 31% were undecided.