TALLAHASSEE, Fla. — A lawsuit that could affect the Republican race for Florida governor is now on a fast track after a Leon County judge set aside two days later this month to decide whether James Fishback can remain on the ballot.
The lawsuit was filed by Lt. Gov. Jay Collins, one of Fishback's rivals in the GOP primary. Collins argues Fishback does not meet Florida’s seven-year residency requirement to run for governor. His complaint points to records tied to Fishback's voter registration and residency in Washington, D.C.
WATCH BELOW: Court battle over Fishback candidacy heats up before primary
During a Tuesday scheduling hearing, Judge David Frank set the matter for July 21 and 22, warning attorneys there is an "extreme shortage of time" with the Aug. 18 primary approaching. Frank also noted it is likely already too late to stop ballots from being printed.
"It's too late to stop the printing of the ballots, so there would be an injunction to the Department of State to tell the supervisors of elections, don't count — don't count the votes on there, and post a notice," Frank said.
Fishback's attorney, former state representative Anthony Sabatini, told the judge the case turns on more than paperwork, arguing Fishback's intent will be central to determining residency. Sabatini said the defense wants time to present witnesses and documents.
The courtroom fight comes just days after the issue spilled onto the debate stage. During last week's GOP primary debate, Fishback, Collins and former House Speaker Paul Renner appeared together. Frontrunner Byron Donalds skipped the event. The absent Donalds still loomed large over the debate, with his rivals repeatedly invoking him and his position in the race.
Fishback pressed Collins directly over the lawsuit— getting the state's lieutenant governor to note his Florida roots.
"Case closed. Drop the lawsuit," Fishback said during the debate.
He later accused Collins of trying to "steal the election with Byron Donalds." Collins pushed back, saying the challenge belongs in court.
"That is a matter for the court," Collins said. "I actually respect the judicial system."
For now, Fishback remains on the ballot. But the case adds uncertainty to the primary calendar at a time when election officials are already preparing ballots and candidates are running out of time to shift the race.
Even if Fishback is removed, the broader GOP contest may still revolve around Donalds, who has maintained a commanding position in the primary through polling, fundraising and endorsements. Axios reported Tuesday that Donalds continues to tower over the field as the Aug. 18 primary approaches.
Witness and exhibit lists are due five days before the July 21 hearing.
