Jay Collins challenges Fishback’s eligibility for governor

TALLAHASSEE, Fla. (WCTV/Gray Florida Capital Bureau) - Court filings are heating up in the Republican race for governor as candidate and current Lieutenant Governor, Jay Collins, filed a legal complaint against candidate James Fishback.

The complaint calls for a Leon County Circuit Court judge to declare Fishback ineligible for governor candidacy on the basis he does not meet the Florida Constitution’s seven - year residency requirement.

As listed in the Florida Constitution under Article IV 5 (b) “When elected, the governor, lieutenant governor and each cabinet member must be an elector not less than thirty years of age who has resided in the state for the preceding seven years.”

According to public records that Collins attached in his motion, he alleged that Fishback registered as a voter in Washington D.C. in 2020 and is still registered as a “1(A) Active Voter”.

Additionally, Collins alleged that Fishback has owned a property in Washington since 2021 and has signed mortgage documents that required him to occupy that D.C property as his primary residence for at least one year.

Furthermore, Collins wrote that Fishback has received property tax Homestead Deductions on this property up until 2026.

Fishback also owns a property in Madison, Florida which he listed as his address of legal residence under his Candidate Oath, the lawsuit alleges.

The lawsuit asked the court to resolve this case on an expedited basis so that Fishback can be removed from the ballot or notify voters that any ballots cast for him will not be counted in the election.

Florida Politics:

When Fishback signed the form for candidacy he swore under oath that he is qualified to serve as governor.

This civil lawsuit was filed on Friday. On Monday, Fishback addressed the lawsuit on social media.

Fishback said he is a fourth generation Floridian and shared a photo of his Florida drivers license.

Both of these candidates, along with former Speaker of the House, Paul Renner, are scheduled to debate this Thursday at 6 pm.

We reached out to the Fishback campaign for comment, but haven’t yet heard back.

According to a Florida State University Professor, polls and internal opinions at the capital, Fishback and Collins are both trailing Republican frontrunner Congressman Byron Donalds.

Fishback previously described himself as in second place in the race, though he previously said he is surging forward.

The primary election is set for August, so Collins filed a motion for an expedited hearing. He said a decision is needed potentially as soon as July 4, because ballots need to be sent oversees.

Judge Angela Dempsey has been randomly assigned to the case. She is also assigned to another election related lawsuit challenging the validity of language to propose a constitutional amendment to slash property taxes.

The full complaint and motion can be read below: