Florida Judge Rules Intent Governs Residency Under State Law
A Leon County judge refused Monday to remove James Fishback from the Florida gubernatorial ballot, ruling that a candidate’s stated intent to remain a Florida resident is legally sufficient to satisfy the state’s seven-year residency requirement. Judge David Frank issued the 25-page order on July 27, 2026.
The case was brought by Lt. Governor Jay Collins, who argued that Fishback broke Florida law by buying a home and voting in Washington, D.C., in 2020. Florida’s Constitution requires gubernatorial candidates to have lived in Florida for seven consecutive years.
Frank ruled that Collins failed to prove Fishback established legal residency outside Florida. The judge credited Fishback’s testimony that he did not know voting and purchasing property in D.C. could constitute establishing residency there.
“The best proof of one’s domicile is where [the person] says it is.”
Judge David Frank, quoting a 1947 Florida Supreme Court precedent, in his July 27 order
Frank acknowledged the law’s limits directly. “That law may be imprudent, or it may give too much leeway to a person seeking or maintaining residency,” he wrote. “But it is the law.”
What the Ruling Does and Does Not Decide
The decision keeps Fishback in a competitive primary field, but it does not dramatically reshape the race. Trump-endorsed U.S. Rep. Byron Donalds has led most polls at above 40%. Fishback and Collins have been fighting for second place in single-digit territory.
Collins’ attorney, Mark Meuser, called the ruling “disappointing” and said it represents an “ignorance of the law.” Meuser argued that Fishback’s own sworn testimony showed he did not understand how mortgage, tax, and election laws apply to residency.
The ruling does raise a durable question about Florida’s residency standard. If a candidate’s stated intent is the primary legal test, the bar for challengers to prove a competing residency claim is extremely high. That has implications for future ballot access cases, not just this one.
Frank made clear his role is not to pick a winner.
“This Court will not be deciding the race between the Lieutenant Governor and Mr. Fishback. That will be in the very sound hands of the voters.”
Judge David Frank, Leon County, July 27, 2026
Florida’s primary is approximately 22 days away.
What You Can Do Now
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Contact the Florida Legislature’s Senate Judiciary Committee and House State Affairs Committee and urge them to clarify Florida’s residency statute. The current “intent” standard, last interpreted by a 1947 precedent, leaves significant ambiguity. Find your state legislators at myfloridahouse.gov and flsenate.gov.
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Check your registration and polling location before the primary. Florida’s primary is roughly August 18, 2026. Confirm your registration is current at dos.fl.gov/elections/for-voters.
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Contact Florida Secretary of State Cord Byrd’s office at (850) 245-6200 and ask what review process, if any, the Division of Elections uses to independently verify gubernatorial candidates meet residency requirements before certification to the ballot.
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Monitor the case for an appeal. Collins’ campaign has not announced next steps. If Collins appeals, the Florida First District Court of Appeal would be the next venue. Track Florida appellate court filings at 1dca.flcourts.org.