Montgomery Court Dismisses Residency Challenge Against John Wahl

From the Wahl campaign

October 13

MONTGOMERY, Ala. — A Montgomery County court today dismissed a legal challenge seeking to disqualify John Wahl as the Republican nominee for Lieutenant Governor.

The lawsuit alleged that Wahl was ineligible to serve as Lieutenant Governor because he had maintained a residence in Tennessee within the past seven years. Wahl’s legal team argued that the challenge failed as a matter of law due to the court’s lack of jurisdiction. They also pointed to Alabama’s Constitution, statutes, and established Alabama Supreme Court precedent demonstrating that maintaining a second residence outside Alabama does not terminate an individual’s Alabama residency.

Wahl’s attorneys argued that the facts clearly showed that Wahl had continuously maintained his Alabama residence and never abandoned his roots in the state. The legal filing emphasized that Alabama law does not prohibit an individual from maintaining more than one residence and that the lawsuit failed to establish that Wahl had ever given up his Alabama residence.

“I have spent my entire life as an Alabamian. I was born here, raised here, and have maintained my residence here. My roots are in Alabama, and I have never abandoned them,” Wahl said.

The legal arguments also cited Alabama Supreme Court precedent, including Horwitz, which recognizes that a second residence elsewhere and even registering to vote elsewhere do not automatically establish the loss of an existing legal residence. Additionally, the filing cited provisions of the Alabama Constitution and state law protecting residency during temporary absences.

“From the beginning, this challenge was built on the false premise that having a second residence somehow means you lose your Alabama residency. That is simply not what our Constitution says, and it is not what Alabama law requires,” Wahl said.

The court’s dismissal represents a significant legal victory for Wahl and marks the third time a constitutional eligibility claim against him has been rejected.

“I am grateful to my legal team for presenting the facts and the law clearly before the court. This is an important victory, and I am ready to put these distractions behind us and get back to focusing on the people of Alabama and the issues that matter to their families,” Wahl said.

“Alabama deserves leaders who are focused on fighting for our state, protecting our conservative values, and delivering results. That is exactly what I intend to do as Lieutenant Governor.”

Wahl said he intends to move forward and focus on the campaign and the voters who selected him as the Republican nominee.

“The voters chose me as the Republican nominee for Lieutenant Governor, and I intend to honor their trust by continuing to fight for Alabama. It's time to move forward,” Wahl concluded.

Wahl's motion to dismiss may be read at THIS LINK.