ORLANDO, Fla. - Tallahassee Circuit Judge, David Frank, made the decision Monday after a month-long lawsuit questioning whether Fishback met Florida’s state residency requirement to run for governor.

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“This is a victory for our campaign, for the Constitution, and for every Floridian who believes elections should be decided by the voters,” Fishback said in a social media post on X. “The disgraceful lawfare brought by Jay Collins and fueled by Byron Donalds has failed.”

READ: Republican gubernatorial candidate James Fishback could be ruled ineligible for August primary

Fishback appeared in Leon County Circuit Court on July 21 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.

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 Orlando Sentinel.

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.

The court decision followed a lawsuit filed by Florida Lt. Gov. Jay Collins, a fellow Republican candidate who challenged whether Fishback qualified to run, according to the Tallahassee Democrat.

Circuit Judge David Frank described Florida’s seven-year residency requirement to run for governor as putting a “great weight on the subjective intent of the person declaring residency.”

“This Court will not be deciding the race between the Lieutenant Governor and Mr. Fishback,” Frank wrote in a 25-page order. “That will be in the very sound hands of the voters.”

READ: James Fishback stays on Florida ballot, judge rules

According to a FiftyPlusOne poll released on July 28, Fishback still sits second behind Trump-endorsed U.S. Congressman (R-FL) Byron Donalds for the Republican nomination. Collins polls third.

Collins’ lawyer, Mark Meuser, told the Florida Phoenix the ruling was “disappointing” and represents an “ignorance of the law.”

“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,” Meuser said. “Mr. Fishback may have been able to convince the court to leave him on the ballot, but in doing so, he demonstrated he does not have the mental capacity to govern himself, let alone Florida.”

READ: Florida judge refuses to boot Fishback from the ballot, won’t ‘decide the race’

Frank also said in his order that Fishback’s Florida roots, including being born and raised here, holding a state driver license, operating a Florida company and voting in Florida every election except 2020, showed he never intended to set up a residence outside of Florida.

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

Quoting from a 1980 Florida case, the judge wrote, “If two equally reasonable constructions might be found, this Court in the past has chosen the one which enhances the elective process by providing voters with the greater choice in exercising their democratic rights.”

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