Lt. Gov. Jay Collins filed a lawsuit on Monday seeking to block Republican gubernatorial candidate James Fishback from appearing on Florida’s 2026 ballot, arguing that Fishback does not meet the state’s constitutional residency requirement to serve as governor.
The complaint, filed Thursday in Leon County Circuit Court, names Secretary of State Cord Byrd as the defendant in his official capacity as Florida’s chief elections officer. Fishback is listed as the real party-in-interest.
Collins, who is also running for governor, argues that Fishback failed to satisfy a Florida constitutional requirement that the governor must have resided in the state for the seven years preceding the election. The 2026 primary is scheduled for Aug. 18, with the general election set for Nov. 3.
“Election integrity is non-negotiable,” Collins said. “Floridians deserve to know that every candidate on their ballot meets the constitutional requirements to serve. If there are legitimate questions about a candidate’s eligibility, they should be resolved before Republicans cast their votes, not after. That’s why I’ve filed this legal challenge. I refuse to let uncertainty over one candidate’s eligibility jeopardize our party’s chances in November, no matter how unlikely it may be that he wins the nomination.”
According to the complaint, Fishback registered to vote in Washington, D.C., in 2020, listed a Washington address as his residence and voted there in the 2020 presidential election. The lawsuit also alleges that Fishback bought a home in Washington in 2021, signed mortgage documents identifying it as his principal residence and later received a D.C. homestead deduction on the property.
Collins argues those actions show Fishback’s principal residence and domicile were in Washington, not Florida, during part of the seven-year period required under the Florida Constitution.
The complaint also challenges Fishback’s candidate oath, which candidates must sign when qualifying for office. Collins argues that because Fishback allegedly does not meet the residency requirement, his oath stating that he is qualified under Florida law was invalid and false.
The lawsuit asks the court to hold an expedited hearing, declare Fishback constitutionally ineligible, and order that his name not appear on the ballot. If ballots have already been printed, Collins asks that election officials provide notices stating that votes for Fishback will not count.
