A judge on Tuesday began hearing testimony in an evidentiary hearing over whether Republican gubernatorial candidate James Fishback should remain on Florida’s 2026 ballot.
The hearing stems from a lawsuit filed by Republican opponent and Lt. Gov. Jay Collins, who alleges Fishback falsely certified on his candidate paperwork that he met the state’s requirements to run for governor, including Florida’s seven-year residency requirement.
Tuesday’s proceedings began with a heated confrontation between Fishback, his supporters and members of Collins’ campaign before testimony got underway.
Collins’ attorneys argued that Fishback’s voting, mortgage, tax and homestead records in Washington, D.C., show he established his primary residence there, making him ineligible to run for governor.
During the hearing, Collins’ legal team presented D.C. voter registration, mortgage, tax and homestead records, along with testimony from a handwriting expert who said Fishback signed the disputed voter registration form.
Fishback later took the stand in his own defense. He acknowledged signing mortgage documents for a home in Washington but testified that he signed the paperwork without carefully reading it.
“We were off to lunch, really hungry, and I was just kind of signing through stuff,” Fishback said.
Fishback also admitted registering to vote and casting a ballot in Washington, D.C., during the 2020 election, saying he was stranded there during the COVID-19 pandemic. He testified that he had a Florida driver’s license and voted for President Donald Trump.
“On Nov. 3 on Election Day, I inadvertently registered and voted in that election,” Fishback said.
Fishback spent hours testifying that the Washington condo was a lightly used investment property near his parents. He pointed to low utility bills, Florida business filings, deliveries, vehicle records and his statewide debate nonprofit as evidence that Florida remained his primary residence.
Judge David Frank is expected to issue a ruling by Monday.
If Collins prevails, Fishback’s name could still appear on the ballot, but any votes cast for him would not be counted.
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