Posted: 7/27/2026 6:05:42 PM EDT
[Last Edit: Miami_JBT][Edited]
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Jay Collins lawsuit to declare Fishback unqualified for the election failed. Anthony Sabatini did a fantastic job in the court. Currently reading the opinion. Here's the opinion. Screw Collins. |
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Summary of the Final Order Case: Jarrid “Jay” Collins v. Cord Byrd (Secretary of State) and James T. Fishback Court: Circuit Court of the Second Judicial Circuit, Leon County, Florida Case No.: 26-CA-1364 Date of Order: July 27, 2026 Judge: David Frank Core Issue Lieutenant Governor Jarrid “Jay” Collins sued to remove James T. Fishback from the August 18, 2026 Republican primary ballot for Governor. Collins claimed Fishback failed Florida’s seven-year residency requirement under Article IV, § 5(b) of the Florida Constitution (must have resided in Florida from November 4, 2019 through November 3, 2026). Procedural Background Complaint filed June 26, 2026. Expedited hearing held July 21, 2026 after stipulated facts and evidence submission. 38 exhibits for Collins; 69 for Fishback. Multiple witnesses testified (including Fishback, his father, a forensic document examiner, and others). Key Factual Findings Collins conceded that Fishback was a Florida resident both before and after the contested period (roughly late 2019 through September 2022). Evidence showed Fishback had significant contacts with Washington, D.C. during that time: Parents moved to D.C. in summer 2019. He spent substantial time there in 2020 (attributed to the pandemic). Voted in the November 2020 D.C. election. Bought a D.C. condominium in September 2021 and briefly received a homestead deduction. Filed D.C. resident tax returns for 2019–2022 and used D.C. addresses on various forms. However, the court found stronger ongoing Florida ties: Born and raised in Florida; family home history in Broward County. Only Florida driver’s license, Florida vehicle registration/insurance, and Florida (305) phone number. Extensive professional activity in Florida through his nonprofit Incubate Debate (tournaments, camps, workshops statewide). Spent the majority of his time in Florida except for 2020. Consistently described himself in emails as living in Florida and spending summers in D.C. Purchased a home in Madison, Florida in October 2022 and explicitly called the D.C. property a “second home or future investment.” Fishback testified under oath that he never intended to abandon Florida as his permanent domicile. The court credited Fishback’s testimony on subjective intent and found no clear, affirmative abandonment of Florida residency. Legal Conclusions Florida law strongly presumes continued residency once established and strongly favors candidate qualification. Doubts are resolved in favor of the candidate and ballot access. Residency/domicile is determined by subjective intent plus overt acts. Mere temporary absence, even prolonged, does not destroy an established domicile. Collins had the burden of proof and failed to meet it. Circumstantial evidence (tax filings, D.C. voting, property documents) did not overcome the presumption of continued Florida residency or Fishback’s credible testimony of intent. The Secretary of State’s certification of Fishback was proper as a ministerial act. Final Ruling Collins’s complaint for declaratory and injunctive relief is DENIED. The Department of State properly certified Fishback. Fishback remains qualified as a candidate for the Republican nomination for Governor and stays on the August 18, 2026 primary ballot. |
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When D level politicians collide. It all sounds like one homeless bum trying to get another tossed out of the soup kitchen from not being on the street long enough . At least we should be done with Collins after the primary. Fishback will continue to find an audience as long as he promises to keep the Florida NG out of a deployment to Lebanon, or something. |
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Just the fact that he skirted the voting laws by voting out of state and accepted homestead exemption in DC shows he’s a dem in RINO clothing. “Inadvertently” using the DC address on mortgage paperwork sounds a lot like the Georgia attorney that was going after Trump. The moving to DC was probably to be closer to groomer strategy in Florida elections. |
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Im a Fishback voter but I have to admit that I don't like the optics of this DC residencey issue. It stinks and displays a propensity for corruption. I dont know how filling out a voter registration or a mortgage application, in themselves, can be an "oversight," |
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Interesting to look at the website ballotpedia.org . The website sends out surveys to every state and national candidate in the US. It appears Fishback has chosen not to participate in the background survey of his background or what his campaign stands for. Type in your address and your state/precinct sample ballet shows up. Select “detailed” for background info on all candidates. https://ballotpedia.org/Main_Page |