Allen Dismissed from Tuberville Residency Lawsuit
Secretary of State Wes Allen exits residency lawsuit as legal challenge against Tommy Tuberville moves forward
Alabama Secretary of State Wes Allen has been dismissed from the lawsuit challenging Republican gubernatorial nominee Tommy Tuberville's eligibility to appear on the State's ballot, leaving Tuberville as the sole remaining defendant in the closely watched residency dispute.
The plaintiffs, Brook Lynn Drogan and Justin Jude LeBlanc, filed a notice of voluntary dismissal Thursday in Montgomery County Circuit Court, removing Allen from the case after agreeing with his contention that neither he nor the Secretary of State's Office is a proper party to the action.
The dismissal was allowed under Alabama Rules of Civil Procedure because Allen had not yet filed either an answer or a motion for summary judgment.
While Allen is no longer a defendant, the lawsuit itself remains active. All claims against Tuberville continue as the plaintiffs seek a judicial ruling that he does not satisfy Alabama's constitutional residency requirements to serve as Governor.
The latest filing narrows, but does not resolve, a legal battle that has shadowed Tuberville's gubernatorial campaign since shortly after he entered the race.
Tuberville, a former Auburn University head football coach and current U.S. Senator, formally launched his campaign for Governor earlier this year before winning the Republican nomination.
Questions surrounding his eligibility have been raised in multiple venues.
Earlier this month, the Alabama Republican Party conducted a formal evidentiary hearing on Tuberville's residency after challenger Ken McFeeters filed a contest. Following testimony and the presentation of evidence, the Alabama Republican Executive Committee unanimously concluded that Tuberville fully satisfied the party's residency requirements and allowed his nomination to stand.
McFeeters later criticized the party's decision, arguing the dispute should ultimately be resolved in court rather than through the party's internal process.
A separate lawsuit filed in Montgomery County seeks that judicial determination.
The current action was brought by Brook Lynn Drogan and Justin Jude LeBlanc, who contend Tuberville does not meet Alabama's seven-year residency requirement for Governor. Tuberville has consistently maintained that he satisfies all constitutional requirements and remains eligible to serve.
Thursday's filing removes Secretary of State Wes Allen from the litigation but leaves the central constitutional question untouched. Unless the case is dismissed or otherwise resolved, the court will now focus solely on whether Tuberville meets Alabama's residency requirements for the office he seeks.
