ALGOP Sets Hearing on Tuberville Residency Challenge

The Alabama Republican Party (ALGOP) has scheduled a final hearing on a primary election contest filed by gubernatorial candidate Ken McFeeters, advancing his challenge to the eligibility of Republican nominee Tommy Tuberville.

McFeeters announced Sunday that he received formal notice from attorneys representing the Alabama Republican Party that the party's Candidate Committee determined his election contest met the requirements necessary to proceed under the party's Rules Governing Contests of Primary Elections. The hearing is scheduled for June 14 at the Birmingham offices of Balch & Bingham LLP.

The Alabama Republican Party also notified members of its State Executive Committee about the decision to move the contest forward. In a memo distributed Monday by ALGOP Chairman Scott Stadthagen and obtained by ALPolitics.com, Stadthagen said the Candidate Committee had reviewed McFeeters' filing and determined that it met the standard required under Article II, Section 5(c) of the party's Rules Governing Contests of Primary Elections. Stadthagen informed committee members that a final hearing had been scheduled for June 14 in Birmingham and that the proceedings would be conducted pursuant to Alabama Code § 17-13-88 and party rules.

Stadthagen wrote that transparency, fairness, and integrity would guide the process and pledged to keep party leaders informed as the matter moves forward.

"I want each of you to know that this process will be handled professionally, fairly, and according to the rules that govern our Party," Stadthagen wrote. "We will continue to keep you updated as the Contest process moves forward."

The memo did not address the merits of McFeeters' claims or Tuberville's response. Instead, it focused on the procedural steps being followed by the party as it considers the election contest. Stadthagen also noted that he will serve as hearing officer during the proceedings in accordance with party rules.

McFeeters described the decision as a significant step in the challenge process.

"This is not a dismissal and it is not a preliminary review," McFeeters said. "The Alabama Republican Party has determined that my contest is facially valid and that the issues raised could affect the outcome of the primary election. Under the Party's own rules, that finding requires the matter to proceed to a final hearing."

The dispute centers on whether Tuberville satisfies the Alabama Constitution's requirement that a Governor be a resident citizen of Alabama for the seven years immediately preceding election to office. McFeeters has argued for months that Tuberville's primary residence is in Florida rather than Alabama, while Tuberville and his campaign have repeatedly denied the allegation.

The residency issue has generated multiple challenges and a lawsuit filed by McFeeters. Earlier efforts to block Tuberville's candidacy before the Republican primary were unsuccessful, and a court challenge was dismissed before voters overwhelmingly nominated Tuberville in the May 19 primary election. Tuberville won approximately 85 percent of the vote, with McFeeters finishing second.

Under the party's contest rules, a hearing is required when a contest is deemed facially valid and could potentially affect the outcome of the election. McFeeters pointed to that provision as evidence that the committee found his challenge warranted further review.

McFeeters' filing asks party officials to declare Tuberville ineligible if they determine he does not meet the constitutional residency requirement. In announcing the hearing, he reiterated his position that the issue is larger than any single candidate.

"This case is about upholding the Alabama Constitution and ensuring that every candidate seeking the state's highest office meets the qualifications required by law," McFeeters said. "The people of Alabama deserve a fair and transparent review of these issues."

McFeeters also argues that if Tuberville's nomination is ultimately voided, party officials should follow Alabama election law and declare the next eligible candidate as the Republican nominee.

Tuberville's campaign has welcomed the hearing and says it plans to submit extensive documentation supporting his eligibility. Campaign Chairman Jordan Doufexis said the campaign will provide tax returns, property records, and other evidence that Tuberville has been an Alabama resident for longer than the constitution requires.

In speaking with ALPolitics.com about this issue, McFeeters said, “I'm extremely happy that the Alabama Republican Party is finally going to put this to rest. I'm confident that it will be proven that Tommy Tuberville does not live in Alabama and has not lived in Alabama for the last 7 years. I think I’m going to be victorious in this and be named as the nominee.”

The June 14 hearing is expected to include evidence, testimony, and legal arguments before the hearing officer issues findings and recommendations under party rules. A final decision could determine whether the residency challenge remains an internal party matter or becomes part of a broader legal fight ahead of the November general election.