Legal Challenge Threatens To Boot GOP Candidate From Race To Replace DeSantis

Florida Republican Lt. Gov. Jay Collins filed a legal challenge Monday over fellow Republican gubernatorial candidate James Fishback’s eligibility to run for office in the state.

Florida law requires that gubernatorial candidates live in the state for at least seven years preceding their run for governor, so all Florida candidates running for governor on Nov. 3, 2026, should have been living in the state at least by Nov. 3, 2019. But according to Collins’ complaint, Fishback registered to vote in Washington, D.C., in 2020. In 2021, Fishback allegedly purchased a condominium in D.C. and executed a deed of trust, claiming it as his primary residence. Then Fishback allegedly received a DC Homestead Deduction through the 2026 tax year. (RELATED: Trump-Backed Julia Letlow Defeats Freedom Caucus Co-Founder In Race To Succeed Pro-Impeachment GOP LA Sen Bill Cassidy)

In order to receive a DC Homestead Deduction, the homeowner must submit an application claiming their D.C. home as their principal residence. In April 2026, the Office of Tax and Revenue of the District of Columbia allegedly issued Fishback a “Corrected Property Tax Bill,” removing the Homestead Deduction.

“We can’t afford to play games with Florida’s Constitution that would end up handing the Governor’s Mansion to Democrat David Jolly on August 19,” Collins said in a statement.

🚨 JUST IN: Lt. Gov. Jay Collins’ campaign announced that they’ve filed a legal challenge to James Fishback’s eligibility as a candidate for Florida governor@JayCollinsFL: “We can’t afford to play games with Florida’s Constitution that would end up handing the Governor’s… pic.twitter.com/LBfOO436gH

— Florida’s Voice (@FLVoiceNews) June 29, 2026

Collins is running for governor against Fishback, and both are running against Trump-endorsed Byron Donalds to replace Republican Governor Ron DeSantis.

Fishback has received criticism for his repeated comments about Donalds’ race, calling him a “token black” in Congress, a “slave to donors,” and claiming that he wants to turn Florida into a “Section 8 ghetto.” In addition, Fishback has made calls to “burn down” the GOP establishment. He blamed the court complaint on Donalds, saying Collins was acting on his behalf.

Fishback posted a picture of his driver’s license on X as proof that he had been a Florida resident since 2016.

“This baseless lawsuit is nothing more than a desperate and illegal attempt to stop our momentum because they know we’re going to win on August 18,” Fishback said.

Current Florida polls show Donalds leading Fishback by 46 points and Collins by 49.