McFeeters Sues Tuberville Over Residency
Lawsuit challenges Tuberville’s eligibility for Governor, citing residency concerns and prior warnings to GOP officials
A legal challenge is now underway in Alabama’s race for Governor, as Ken McFeeters has filed suit against U.S. Senator Tommy Tuberville, contesting his eligibility to appear on the ballot in Alabama’s May 19 Republican gubernatorial primary election.
The lawsuit, announced this week, centers on claims that Tuberville does not meet Alabama’s residency requirements for the office of Governor. McFeeters argues that the issue is not political, but constitutional, and says the courts must now decide whether Tuberville qualifies under State law — specifically, Section 117 of the Alabama Constitution.
The court filing (see below) provided to ALPolitics.com by the McFeeters campaign states that:
“The Defendant, Tommy Tuberville, has made application to be the Governor of the State of Alabama. The Plaintiff, Ken McFeeters, who has qualified to be on the ballot in the Republican primary for Governor of the State of Alabama, has demanded Tuberville prove under sworn testimony with confirming evidence that he has been a resident of the State of Alabama for the period of seven years immediately preceding the election in November.”
It goes on to state:
“In the event the Executive Committee decides not to act appropriately in its fiduciary capacity, and get Senator Tuberville to swear under oath that he meets the eligibility requirements to be Governor, I, Ken McFeeters, candidate for the Republican nomination for Governor for the great State of Alabama will initiate a WRIT OF QUO WARRANTO and DEMAND an EMERGENCY TRIAL BY JURY PURSUANT TO AMENDMENT VII OF CONSTITUTION FOR THE REPUBLIC OF THE UNITED STATES OF AMERICA.”
McFeeters has said the case is about upholding the integrity of Alabama’s election process. He contends that candidates must meet clear legal standards before seeking the state’s highest office.
This legal action follows a series of earlier steps taken by McFeeters to challenge Tuberville’s candidacy. In prior notices to the Alabama Republican Party and Tuberville’s campaign, McFeeters raised concerns about the Senator’s residency status and warned that legal action could follow if the issue was not addressed.
McFeeters formally challenged Tuberville’s ballot eligibility earlier this year, arguing that the candidate had not maintained the required period of residency in Alabama. The Alabama Republican Party later reviewed the challenge but declined to remove Tuberville from consideration, prompting a direct response from McFeeters.
In that response, McFeeters maintained that party officials failed to fully address the legal question. He reiterated his position that the matter should be settled in court, not by internal party decisions.
In a separate notice issued before the lawsuit, McFeeters also warned both the State GOP and Tuberville that he intended to pursue legal remedies if his concerns were not resolved. That notice laid the groundwork for the current filing, signaling that the dispute would likely escalate.
The lawsuit now places the issue squarely before a judge, where questions about residency, ballot access, and constitutional requirements will be examined in detail. Legal experts note that such challenges are not uncommon in Statewide races, though they can carry significant political weight depending on the outcome.
Tuberville, who has been widely viewed as a strong contender in the Governor’s race, has not been disqualified by party officials and remains an active candidate. His campaign has previously dismissed residency concerns, though a formal response to the lawsuit is expected through the legal process.
As the case moves forward, it could shape the trajectory of Alabama’s 2026 gubernatorial race, with potential implications for both candidates and voters alike.
The court filing document, as provided to ALPolitics.com, is below:
