Jay Collins challenges James Fishback’s eligibility as a candidate for governor

Florida Lt. Gov. and Republican gubernatorial candidate Jay Collins has filed a complaint challenging the eligibility of one of his opponents, investment firm CEO James Fishback. Collins contends Fishback has not resided in Florida for seven years, one of the legal criteria in the Florida Constitution to run for governor.

Collins says that, according to public records, between 2020 and 2026 Fishback registered to vote and did vote in Washington, D.C., elections, purchased property in D.C., signed mortgage documents requiring him to occupy that property as his principal residence, and received a D.C. Homestead Deduction tied to D.C. domicile and principal residence.

“Mr. Fishback does not and cannot satisfy the seven-year durational residency requirement of article IV, section 5 (b) of the Florida Constitution; therefore he is not, and will not at the time of election or assumption of office be, constitutionally eligible to serve as Governor of Florida,” the lawsuit says. Collins is asking the Circuit Court of the Second Judicial Circuit in Leon County to resolve the issue on an expedited basis, which could result in having Fishback removed from the ballot.

“We can’t afford to play games with Florida’s Constitution that would end up handing the Governor’s Mansion to Democrat David Jolly on August 19,” Collins said in a press release announcing his lawsuit.

“James Fishback has spent months telling Florida Republicans his polls show him in first place and that he meets Florida’s constitutional residency requirements. If he’s telling the truth, then this lawsuit should be the easiest thing he’s done all campaign. If Fishback is lying, then it’s Florida Republicans who have nothing to worry about, because they won’t end up nominating someone who isn’t even constitutionally eligible to serve as governor.”

Fishback responded by posting a picture of his Florida’s driver’s license from 2016 listing his home address as Davie, Florida. “This baseless lawsuit is nothing more than desperate and illegal attempt to stop our momentum because they know we’re going to win on August 18,” he said on X.

Public opinion surveys show that U.S. Rep. Byron Donalds of Naples is dominating the Republican race for governor, with Fishback, Collins, and former Florida House Speaker Paul Renner trailing substantially behind. An Associated Industries of Florida poll in early June showed Donalds leading with 54%. Fishback was next with 8%. Collins was at 5% and Renner at 2%.

A Republican Party of Florida survey of 1,175 likely Republican primary voters showed Donalds at 39%, Collins at 7%, Fishback at 4%, and Renner at 2%.

During the Republican Party of Florida’s “Sunshine State Showdown” Saturday, Collins made the case in a speech that Florida Republicans were making a mistake in nominating Donalds, who has dominated the race since he entered it early last year, boosted substantially by the endorsement of President Donald Trump.

Many Republicans, including Gov. Ron DeSantis, expressed disappointment that there was no formal gubernatorial debate during Saturday’s convention. However, there now may be one between Collins, Renner, and Fishback Thursday evening, according to conservative media personality Patrick Ben-David, who made the announcement on his podcast on Monday.

Fishback released a statement indicating his participation, while a spokesperson for Renner confirmed his appearance, as well. The Collins campaign did not immediately respond to a request for comment.