Governor's Race Residency Battle
Lt. Gov. Collins Sues to Disqualify Rival Fishback Over D.C. Residency Claims
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Key Points
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Public records show Fishback registered to vote and voted in Washington, D.C. from 2020 through 2026, and he remains listed as a DC '1(A) Active Voter'—a detail Collins' filing uses to question his residency.
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The filing alleges Fishback bought a Washington, D.C. home, claimed it as his principal residence, signed mortgage documents requiring occupancy there, and received a D.C. homestead deduction, with penalties noted for the April correction to the form.
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The candidate oath lists a Florida property (Madison, Fla.) as Fishback’s legal residence, which the filing says conflicts with the seven-year Florida residency requirement.
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Beyond residency questions, the filing identifies Fishback as the CEO of an investment firm, highlighting his professional background in the race.
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Collins frames the lawsuit as a move to protect the GOP’s path to the general election, warning that a yes/if he’s not eligible could prevent handing the Governor’s Mansion to Democrat David Jolly.
Florida Lt. Gov. Jay Collins filed a lawsuit Friday night to remove Republican rival James Fishback from the 2026 governor's race, arguing Fishback does not meet the state's seven-year residency requirement. The filing landed in Leon County Circuit Court on June 26, and Collins' team made it public on June 29, Tampa Bay Times reported.
The lawsuit leans on public records showing Fishback registered to vote, voted, bought a condo, and claimed a homestead tax deduction — all in Washington, D.C. — between 2020 and 2026. Fishback fired back, calling the suit "baseless political maneuvering," according to Florida Politics.
D.C. Voting Records and Mortgage Docs Drive the Case
Collins' filing points to D.C. records showing Fishback first registered and voted there on November 3, 2020. He remains listed as a D.C. "1(A) Active Voter" as of this year, Tampa Bay Times reported. That six-year stretch of D.C. voting activity sits at the center of Collins' argument.
The suit also flags Fishback's 2021 D.C. condo purchase. He signed mortgage documents naming the property his "principal residence" and claimed a homestead deduction — a tax break reserved for primary residents. In April 2026, Fishback quietly corrected those tax forms and paid back taxes, interest, and penalties, according to Florida Politics. Collins' team says that correction looks like an admission he was living outside Florida.
Seven-Year Residency Rule Sets a High Constitutional Bar
Article IV, Section 5 of the Florida Constitution requires a governor candidate to have lived in Florida for the seven years before the election. Fishback's candidate oath lists a Madison, Fla., property as his legal residence. Collins argues that claim clashes directly with his D.C. records, Florida Politics reported.
UCF political science lecturer John Hanley told FOX 35 that residency challenges are usually hard to win — but out-of-state voting records make this case uniquely risky for Fishback. The Florida legislature also passed House Bill 991 in April 2026, creating a new tool that lets candidates sue to bar rivals who fail legal requirements.
Collins Warns a Fishback Nomination Could Cost the GOP
Collins frames the lawsuit as protecting the party, not attacking a rival. He argues that nominating an ineligible candidate could hand the Governor's Mansion to Democrat David Jolly by default. Collins called Fishback a "poison pill" candidate, according to Florida Politics. The GOP has held the governorship for 30 years.
Collins has asked the court for an expedited ruling. If a judge decides before the August 18 primary, Fishback could be removed from the ballot entirely. If ballots are already printed, the court could order that votes for Fishback not be counted, WKMG reported. Florida Secretary of State Cord Byrd is named as a nominal defendant since his office certifies candidate eligibility.
Fishback Pushes Back as Both Sides Trade Jabs
Fishback, CEO of investment firm Azoria Partners, is polling at roughly 4% among Republican primary voters — far behind frontrunner Byron Donalds at 28%. He has pointed to his Florida driver's license as proof of residency and says Collins filed the suit to silence a populist voice, Tampa Bay Times reported.
Collins' camp is not without its own baggage. Tampa Bay Times found more than $716 in delinquent fees tied to Collins' own Odessa property. His campaign paid the amount within 37 minutes of a media inquiry. Meanwhile, the Collins filing notes that false claims on federal mortgage documents can carry criminal penalties — raising the legal stakes for Fishback well beyond ballot removal.
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