McFeeters: “We Weren’t Given a Fair Trial” in Tuberville Challenge

On Sunday afternoon, the Alabama Republican Party (ALGOP) Candidate Committee met at the downtown Birmingham offices of Balch & Bingham to hold a formal hearing into the ballot eligibility status of Tommy Tuberville. The challenge was brought by gubernatorial candidate Ken McFeeters, who has alleged for months now that Tuberville is ineligible to serve as Governor under Secrion 117 of the Alabama Constitution’s residency requirements.

McFeeters has maintained that Tuberville has actually resided in Florida until recently, in violation of the requirement for seven years residency in the Stare to serve as Governor or Lieutenant Governor.

At Sunday’s hearing, both McFeeters and Tuberville’s attorneys presented evidence in support of their claims. Following a short deliberation, the Candidate Committee unanimously ruled against McFeeters, dismissing his challenge and leaving Tuberville as the Party’s nominee for Governor in the November general election.

ALPolitics.com spoke with McFeeters by phone shortly after the ruling was announced:

“After experiencing this hearing, I'm not 100% sure if Balch & Bingham works for the Republican Party, or the Republican Party works for Balch & Bingham,” McFeeters said.

“We were supposed to be able to depose 5 people, and for 2 hours each, we were not given that right,” he went on. “We asked for an extension, and were told no, the time had passed. You do not get an extension. You cannot, and it's your fault. And then they brought up that this was the third time I've contested this and they ruled against me at the candidate challenge back in January when this should have been handled.”

McFeeters then discussed his perceptions of the original challenge process which occurred earlier this year.

“For the 1st time in Alabama history, ALGOP history and contested files, it's the 1st time a lawyer put them in 4 sacks, (saying) ‘You can rule on this. These people are already out. These are facially defective, and these are frivolous.’ They (the Candidate Committee) weren't given an opportunity to look at it back in January. And then they dismissed it because of Balch & Bingham declaring it facially defective in January. 

“The Steering Committee was never able to look at it. And then now they finally took it, and we weren't given a fair trial. We weren't allowed to depose. because it's my fault. You know, it's Ken's fault. It's like, dude, we got it, and then I had to get a lawyer, and you know, hard to just get a lawyer to, um, go against the, uh, Republican party. Not easy. So we got a lawyer, whatever, and it was like, okay. 

“We're either gonna appeal, and I think we have very good grounds for appealing, or take it to federal court, but I don't want to do that.”

McFeeters closed by saying that he and his legal team were still considering their options for future action.

For now, Tommy Tuberville is the Republican nominee for Governor, and ALGOP Chair Scott Stadthagen has said the matter is closed.