ORLANDO, Fla. - Republican candidate for Florida governor, James Fishback, could see his name completely removed from the ballot within the coming days just ahead of the state’s primary election.
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According to the Orlando Sentinel, Fishback appeared in Leon County Circuit Court on Tuesday where he admitted to claims that he has not been a Florida resident for as long as needed to be able to run for governor.
The lawsuit was filed in June by Florida Lt. Gov. Jay Collins, who is also running for the GOP nomination for the state’s governor seat.
Collins argues Fishback fails to meet the state’s residency requirement because he lived and voted in D.C.
Gubernatorial candidates in Florida must be residents and registered voters of the state for the preceding seven years, according to the Article 4, Section 5 of the Florida Constitution.
In early 2020, Fishback said he was back from an overseas trip, visiting his parents in D.C. when the COVID-19 pandemic was announced along with travel restrictions, lockdowns and mask mandates. He could not get back to Florida in time to vote, according to the Sentinel.
Fishback testified that when he went to a polling place to vote in D.C. he showed a precinct worker his Florida’s driver license and asked to vote in the election. The worker then handed him a tablet to sign a form and cast his vote.
READ: Fishback admits to voting in D.C. in 2020 as he fights to stay on ballot
Fishback argued during a debate earlier this month that he was never a D.C. resident and that the lawsuit is a political tool used by Collins to ensure U.S. Representative (R-FL) Byron Donalds wins the primary race in August.
Donalds currently leads in polling against his Republican counterparts by double digits.
In a 270toWin survey published on July 20, Donalds polled at 43% while Fishback placed second at 12%. Collins polled at 11% while former Speaker of the Florida House of Representatives Paul Renner finished last with two percent.
READ: 270toWin Florida Governor Poll
Fishback called the lawsuit “frivolous” on social media and told supporters in the courtroom that Collins was using taxpayer dollars to fund the lawsuit, an allegation that Collins denies, according to the Tallahassee Democrat.
A Collins campaign researcher, Mark McLaughlin, discussed reports and public records he found showing that Fishback voted in Washington, D.C., on Nov. 3, 2020. McLaughlin also said he found property records showing Fishback bought an apartment there in 2021, according to the Democrat.
“I think we made our case,” said Nicholas J. Boerke, one of Collins’ lawyers.
The paper stated that, while questioning McLaughlin, Fishback attorney Anthony Sabatini disputed that Fishback had “allegedly” voted with a Florida driver’s license, and then continued questioning on whether McLaughlin knew of a D.C. license. McLaughlin said driver’s license records aren’t publicly available.
But while being questioned, Fishback said he did vote in Washington, D.C. with his Florida driver’s license, explaining that a poll worker he spoke to said he could.
READ: Judge hears case to remove James Fishback from Florida ballot
If Collins succeeds Fishback’s name may still appear on the ballot, but any votes he gets wouldn’t be counted.
“There is no question in my mind we won this case,” Fishback told a group of reporters after the hearing concluded.
But Boerke, arguing Collins’ case, said a person’s intent doesn’t establish residency.
“A person can say after the fact what their intent was,” he said, “but it’s the documents — voting records, mortgage documents, homestead exemptions, all that contemporaneous evidence.”
A judge is expected to issue a ruling Monday.
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