Judge rules Fishback eligible for governor race

TALLAHASSEE, Fla. (WCTV/Gray Florida Capital Bureau) - A Leon County Judge ruled Republican gubernatorial candidate James Fishback will stay on the ballot.

The Monday decision comes after a hearing last week surrounding a complaint, filed by candidate and Lieutenant Governor Jay Collins, which called for the judge to declare Fishback ineligible for governor.

Collins claimed Fishback does not meet the Florida Constitution’s seven-year residency requirement.

During court proceedings, Fishback admitted to voting in DC, but also said, along with witnesses, that he’s always lived in Florida.

According to the judge’s order, the Collins’ claim did not say Fishback “intended to abandon his Florida permanent residency.”

“Simply put, the plaintiff has not brought forth enough substantial and competent evidence to rebut these important presumptions,” the order reads.

The judge denied the removal of Fishback from the primary ballot, said he was properly certified as a candidate and will remain qualified for the Republican nomination for governor.

Fishback issued a statement on Monday praising the judge’s decision.

“This isn’t just a victory for our campaign. It’s a victory for the Constitution and for every Floridian who believes elections should be decided by voters, not politicians trying to rig the system,” Fishback said.

Lieutenant Governor Jay Collins’ campaign also issued a statement Monday, calling the decision “disappointing.”

“It’s disappointing the court accepted Fishback’s novel legal theory that ‘ignorance of the law’ is now a defense when it comes to Florida residency,” the statement read. “His ignorance may be enough to keep him on the ballot, but who wants to vote for a candidate whose own sworn testimony is he committed mortgage fraud and doesn’t understand how the law works when it comes to election integrity and paying state income taxes.”

The primary elections are on August 18.