TALLAHASSEE, Fla. — A hearing expected to last two days ended after a single day of testimony Tuesday, leaving a Leon County judge to decide whether Republican gubernatorial candidate James Fishback meets Florida's constitutional residency requirement and can remain on the ballot.
The lawsuit was brought by Lt. Gov. Jay Collins, one of Fishback's opponents in the Aug. 18 Republican primary. Collins argues Fishback's Washington, D.C., voting, tax and property records show he did not reside in Florida for the seven consecutive years required to serve as governor.
WATCH BELOW: Judge to rule Monday on James Fishback’s candidacy
Circuit Judge David Frank said the parties must submit proposed orders by 5 p.m. Friday and promised a quick decision.
"If you get me the proposed orders by 5 p.m. Friday, I will have an order for you by 5:00 p.m. Monday," Frank said. "I'm going to regret saying that."
Heated exchange before court
The day began with a confrontation inside the courtroom between Fishback, his supporters and members of Collins' campaign team.
During the exchange— which included expletives— Fishback promised to place a top Collins advisor behind bars suggesting, suggesting the trial was an orchestrated political takedown.
"James will be an authoritarian,” Fishback quipped to himself. "Yes, I will, and I'm proud of it. A lot of people are going to prison."
Fishback also criticized Collins' record as lieutenant governor. The exchange ended just before the proceedings began.
Collins points to D.C. records
Once testimony was underway, Collins' attorneys presented a series of records they say show Fishback established residency in Washington. Opposition researcher Mark McLaughlin testified that public records showed Fishback registered and voted in D.C. in November 2020, used Washington addresses on tax returns and purchased a condominium there in 2021.
The mortgage paperwork required Fishback to establish and use the property as his principal residence for at least one year. Property-tax records also showed the condominium received a D.C. homestead deduction, which is generally reserved for an owner’s primary residence.
McLaughlin said Fishback's federal and D.C. tax filings listed Washington through 2022. A document connected to Fishback's purchase of a Madison County home that year described the Florida property as his "new primary residence" and said the D.C. condominium would be retained as a second home or investment.
The defense emphasized that McLaughlin works for Collins' campaign, did not personally observe Fishback sign the records and was unable to obtain Fishback's underlying D.C. homestead application because officials withheld it on privacy grounds.
McLaughlin also acknowledged he had not reviewed the defense's roughly 70 exhibits before taking the stand.
Expert says Fishback likely signed voter form
Collins' attorneys also called forensic document examiner Thomas Vastrick, who compared the signature on Fishback's D.C. voter-registration record with signatures from 14 other documents.
Vastrick concluded it was "probable" the disputed signature was written by Fishback, a finding he described as reflecting a high level of confidence.
"To the level of probable, it is written by the same person who wrote the known specimens,” Vastrick testified.
On cross-examination, Vastrick acknowledged he had not personally watched Fishback sign the documents and did not interview him about the circumstances surrounding the registration.
Fishback says he did not read mortgage documents
Fishback then spent several hours on the witness stand offering explanations for the D.C. records and presenting documents he says prove Florida always remained his legal home.
He acknowledged signing mortgage paperwork identifying the Washington condominium as his primary residence but said the declaration was false. Fishback testified he was 26, buying property for the first time and rushed through the documents while his family waited to leave for lunch.
"I was just kind of signing through stuff," Fishback said. "I signed it, and we were off to lunch."
Fishback compared his approach to accepting the terms of service for a phone or online account without reading the full agreement. He said he did not understand that the documents exposed him to possible legal consequences for making an inaccurate statement.
"I inadvertently registered and voted"
Fishback also admitted registering and voting in Washington during the 2020 presidential election.
He testified that he had traveled to D.C. to visit his parents shortly before the COVID-19 pandemic and remained there during lockdowns. Fishback said he stayed away from his elderly grandmother in Plantation because he feared exposing her to the virus.
On Election Day, Fishback said he entered a D.C. polling location with his Florida driver’s license and asked whether he could vote for President Donald Trump.
"She pulled out a tablet, had me sign something,” Fishback testified. “I walked in. I pushed the button for Trump. I walked out and never thought about it again."
Fishback said he did not understand that he was registering as a Washington voter.
"On Election Day, I inadvertently registered and voted in that election,” he said.
Defense emphasizes Florida ties
Fishback described the D.C. condominium as a lightly used investment purchased near his parents’ one-bedroom apartment. He said he spent no nights at the condominium in 2021 and pointed to low electricity usage as evidence it was largely vacant.
He also introduced Florida corporate filings, deliveries, insurance records, SunPass activity and documents connected to Incubate Debate, the statewide student debate organization he founded.
Fishback testified that he returned to Florida after leaving Georgetown University, later lived with and cared for his grandmother in Plantation, and traveled throughout the state organizing debate events. He purchased his current home in Madison in 2022.
Ruling could remove candidate from ballot
Collins and Fishback have feuded publicly over the lawsuit for weeks, with each calling on the other to leave the race.
Even a successful challenge would not immediately make Collins the Republican frontrunner. A Cygnal survey released Monday showed U.S. Rep. Byron Donalds leading the primary with 43%, while Fishback received 12%, Collins 11% and former House Speaker Paul Renner 2%. Another 31% were undecided.
Frank did not indicate how he intends to rule but said the expedited election dispute requires a prompt decision.
"I will have a very, very prompt order for you," the judge said.
