Judge Dismisses Tuberville Residency Lawsuit

Montgomery Circuit Court Judge Brooke Reid on Thursday dismissed the lawsuit challenging whether U.S. Senator Tommy Tuberville meets Alabama's constitutional residency requirement to serve as Governor, ruling that the court lacks jurisdiction to decide the dispute before the general election.

The lawsuit, filed by Alabama voters Brooke Lynn Dorgan and Justin LeBlanc, alleged that Tuberville failed to satisfy the Alabama Constitution's requirement that a Governor be a "resident citizen" of the State for seven consecutive years before taking office. The plaintiffs argued Tuberville's true residence remained in Florida rather than Alabama.

Instead of reaching the factual question of where Tuberville resides, Reid concluded that Alabama law does not authorize the court to use a quo warranto action to remove a certified major-party nominee from the ballot at this stage of the election. The judge also noted that the Alabama Republican Party had already considered the same residency challenge during its post-primary contest process, found Tuberville qualified under the Alabama Constitution, and certified him as the Republican nominee for Governor. Because State law assigns political parties authority over primary-election contests, the court ruled it lacked jurisdiction to revisit that determination.

The ruling marks another legal victory for Tuberville after the Alabama Republican Party unanimously rejected an earlier residency challenge filed by former Republican primary opponent Ken McFeeters. During that proceeding, party officials reviewed documentary evidence including driver's license records, tax filings, voting history and other materials before determining Tuberville satisfied the constitutional residency requirement.

Joe Espy, counsel for Tuberville, welcomed Thursday's ruling.

"The court's decision today follows the Alabama constitution and the law that has been in effect for generations and generations," Espy said. "Hopefully the court's decision brings an end to all litigation. The decision on our next Governor should not be up to any court, but rather the people of Alabama."

Tuberville's campaign struck an even sharper tone.

"Doug Jones' residency hoax just got sacked for a loss as a Democrat judge in Montgomery dismissed yet another desperate lawsuit from 'DC Doug's' Democrat proxies," said campaign chairman Jordan Doufexis.

"For months, DC Doug and his allies pushed the absurd claim that Alabama's senior U.S. Senator for the last six years somehow lacks Alabama residency credentials. They were so wrong on the law that they started attacking the Alabama Supreme Court in an effort to blame Republican judges before the local judge had even ruled. Well, that excuse just got blown up. Today's ruling didn't come from a Republican court protecting Coach Tuberville; it came from a Montgomery Democrat judge who followed the law and rejected a bogus lawsuit aimed at hijacking the election before Alabama voters could decide. DC Doug cannot run on open borders, men in women's sports, DEI, defunding the police, the socialist left, or the Biden-Jones record, so his buddies tried to drag Coach through the mud instead. Well, today's ruling wiped that mud away. Coach is now 5-0 against these ridiculous challenges, and we are confident he will win the championship with the people of Alabama in November."

The campaign characterized the lawsuit as another failed attempt to derail Tuberville's gubernatorial campaign through the courts rather than at the ballot box.

The plaintiffs, however, indicated the legal fight is not over.

Attorney Barry Ragsdale, who represents the challengers, told reporters he intends to appeal the dismissal. He maintained that the plaintiffs possess evidence they believe shows Tuberville's primary residence is in Florida and argued they should have been allowed to present that evidence in court.

Thursday's decision leaves Tuberville on the Nov. 3 general election ballot, where he is set to face former U.S. Sen. Doug Jones in a rematch of their 2020 U.S. Senate race. Unless an appellate court overturns Reid's ruling, the residency issue will now move from the courtroom back to the campaign trail.