A Leon County judge has scheduled a two-day hearing for July 21 and 22 to determine whether Republican gubernatorial candidate James Fishback meets Florida's seven-year residency requirement and can remain on the August 18 primary ballot. Judge David Frank warned attorneys during a Tuesday scheduling hearing of an extreme shortage of time with the primary approaching and indicated it is likely already too late to stop ballots from being printed.
Lieutenant Governor Jay Collins filed the lawsuit challenging Fishback's eligibility, citing records tied to Fishback's voter registration and residency in Washington, D.C. Judge Frank explained that if Fishback is disqualified, the remedy would be an injunction to the Department of State instructing county supervisors of elections not to count votes for Fishback and to post notices. Fishback's attorney, former state representative Anthony Sabatini, told the court that the case turns on more than paperwork and that Fishback's intent will be central to determining residency. Sabatini said the defense wants time to present witnesses and documents.
The legal battle erupted publicly during last week's GOP primary debate, which featured Fishback, Collins and former House Speaker Paul Renner. Frontrunner Byron Donalds skipped the event but 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 lieutenant governor to note his Florida roots. He told Collins to drop the lawsuit, declaring "Case closed." He later accused Collins of trying to steal the election with Byron Donalds. Collins responded that the challenge belongs in court, saying "That is a matter for the court. 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. Witness and exhibit lists are due five days before the July 21 hearing. 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 August 18 primary approaches.