Lt. Gov. Jay Collins sues Republican opponent James Fishback over election residency requirements

Florida gubernatorial candidate James Fishback fought back Tuesday against an eligibility lawsuit filed by primary opponent Lt. Gov. Jay Collins, who claims Fishback fails to meet state residency guidelines. 

Gubernatorial candidate lawsuit

What we know:

Florida's constitution explicitly dictates that a candidate for governor must live in the state for at least seven years before being elected. 

The legal challenge alleges that Fishback breached this law, pointing to public records that show he bought a home in Washington, D.C., where he claimed primary home status. 

According to the court filing, Fishback was also listed as an active registered voter in Washington as recently as this month. 

Florida primary challenge

What they're saying:

"The Constitution requires a governor to reside in Florida for seven years. Records show Fishback registered to vote in Washington, D.C.," Collins said. "He had voted in D.C. and bought property in D.C. and signed mortgage documents saying the property would be his principal residence. That ended in 2023."

Lt. Governor Collins maintained that safeguarding election integrity is the single most important factor behind filing the case. 

"Election integrity matters, nothing is more important," he explained. "Nothing is more based in freedom and liberty than election integrity and making sure we have faith in that process."

Residency record details

The other side:

Fishback argued that he was born and raised in Florida, and posted a message on social media noting that his Florida voter registration dates back to 2012. 

"Jay Collins, who was born in Montana, who moved here in 2019, the same Jay Collins who didn't even vote for Governor DeSantis in 2018, says I'm not a Floridian," he added. "Even though I was born here and raised here. Even though my dad ran a landscaping business out of this house. 

Addressing the out-of-state property, Fishback explained that the Washington apartment was purchased purely as a personal spot to visit his parents.

"That's where my parents live today, so I bought a place across the street, so when I visit I don't have to sleep on the couch, I have a place of my own," he explained. "So, I opened that up to friends and family and my sister, right now, is staying there."

Campaign eligibility dispute

What we don't know:

Officials have not yet confirmed how the court will rule on the eligibility lawsuit or if Fishback will remain on the ballot. 

Campaign trail tensions

What's next:

The Florida primary election is scheduled for August 18.

The Source: The information in this story was gathered from interviews with James Fishback and Lt. Gov. Jay Collins, who explained their side of the new lawsuit.

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