Republican gubernatorial candidate James Fishback will defend his eligibility to remain in the primary during a two-day hearing scheduled to begin Tuesday in Tallahassee. Lt. Jay Collins, one of Fishback's opponents, argues that records showing Fishback lived and voted in Washington, D.C., mean he does not satisfy Florida's seven-year residency requirement for governor. Fishback says he was born and raised in Florida and maintained the state as his permanent home.

Because primary ballots have already been printed, the judge has said a ruling against Fishback could require election officials to post notices and decline to count votes cast for him. The case will determine whether Fishback remains on the Republican primary ballot for the gubernatorial race.