Let Florida Republican voters decide James Fishback’s fate | Opinion
The likelihood of James Fishback becoming Florida’s next governor is very small. But that decision should be left to Republican voters. That’s why I don’t think he should be removed from the ballot, despite a lawsuit by fellow gubernatorial candidate Jay Collins asking a court to do just that.
Collins, Florida’s current lieutenant governor, argues in the lawsuit that Fishback doesn’t meet Florida’s seven-year residency requirement because he lived and voted in Washington, D.C. The suit contends that Fishback falsely stated under oath that he was qualified to run for Florida governor even though he wasn’t.
There may be merit to those claims. Fishback registered to vote in Washington in 2020, voted there and claimed a homestead exemption on a Washington property. Fishback counters that he is a fourth-generation Floridian who has maintained lifelong ties to the state, including holding a Florida driver’s license issued in 2016.
When I asked Fishback about the lawsuit, his answer was blunt: “If you can’t beat them, drag them into court and attempt to disenfranchise hundreds of thousands of voters.”
“This attempt to rig an election to disenfranchise voters is completely un-American and illegitimate,” he said.
In less than two weeks, a court will determine whether Fishback meets Florida’s legal requirements. But the timing of Collins’ challenge can’t be ignored.
At a virtual press conference on Thursday, I asked Collins why he filed the lawsuit just six weeks before the primary. He said state law required a candidate to officially qualify before a legal challenge could move forward. His goal was to “protect the sanctity of our ballot” and “protect election integrity.” That’s a worthy objective. Even so, a late legal challenge also carries consequences.
A hearing is scheduled for July 21, but Leon County Circuit Judge David Frank has already indicated it’s likely too late to stop ballots from being printed. Even if Collins prevails, Fishback’s name could remain on the ballot, creating confusion for voters and setting the stage for a potential post-election legal fight.
The Republican Party of Florida has struck the right balance. After Fishback agreed to participate in a primary debate but continued attacks on fellow Republicans, the party revoked his invitation to the Sunshine State Showdown, a candidate forum in Broward last month. RPOF Chairman Evan Power issued a statement stating that racism and antisemitism have no place in the party. But when I asked about Collins’ lawsuit to get Fishback off the ballot, the party declined to comment.
A political party can condemn a candidate’s conduct without asking the courts to remove that candidate from the ballot. Candidates don’t get to choose their opponents. Their responsibility is to persuade voters — not to ask a judge to narrow the field.
Fishback’s rhetoric is inconsistent with the values the GOP stands for. But if he loses, it should be because Republican voters reject him, not because a court prevents them from being able to make that choice.
The party could’ve weighed in and forced him out of the race, but it didn’t. Instead, the RPOF has decided to let the primary play out. That’s fine. If Fishback is unfit to serve, let Republican voters have the final say at the ballot box on Aug. 18.
Mary Anna Mancuso is a member of the Miami Herald Editorial Board. Her email: mmancuso@miamiherald.com
This story was originally published July 10, 2026 at 4:04 PM.