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The question before a Tallahassee judge is straightforward: Either Republican candidate for governor James Fishback is qualified to run – or he isn't. Fishback says he is; Lt. Gov. Jay Collins, his GOP competitor, says he's not.
Circuit Judge David Frank began hearing testimony July 21 in an evidentiary hearing scheduled for two days for a lawsuit brought by Collins, who's seeking to keep Fishback off the ballot. The primary election is Aug. 18.
Collins accused Fishback, a conservative influencer and online provocateur, of lying in his candidate papers that he met all requirements to run, including a seven-year Florida residency requirement.
For instance, Collins’ attorneys questioned a campaign researcher to prove allegations that Fishback voted in Washington, D.C. for the 2020 elections.
Fishback called the lawsuit "baseless" on social media and told supporters in the courtroom that Collins was using taxpayer dollars to fund the legal challenge, an as-yet unproven allegation that Collins denies.
Fishback’s popularity has grown among young conservatives in recent months. He's regarded by critics as a “rage-baiter,” espousing thinly veiled antisemitic and racist rhetoric. Supporters see him as saving the soul of the Republican Party.
In any case, the suit may end up being an expensive battle for second place: Collins, Fishback and former Florida House Speaker Paul Renner are polling far behind the President Trump-endorsed leading candidate, U.S. Rep. Byron Donalds.
Testimony focused on reports, public records
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.
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.
Fishback repeatedly criticized Collins during court breaks and traded barbs with a campaign adviser for Collins who sat in the audience. Collins was not in court, saying in a statement that he has "full faith that the judicial system will uphold the rule of law and maintain election integrity."
Voters had until July 20 to register or change their party affiliation to vote in the primaries, since Florida is a closed-primary state and requires only voters of a registered party to vote in that primary race.
If Collins succeeds, Fishback's name may still appear on the ballot, but any votes he gets wouldn't be counted.
(This story was updated to add new information.)
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at [email protected]. On X: @stephanymatat.
This article originally appeared on Tallahassee Democrat: Judge hears case to remove James Fishback from Florida ballot
