Tuberville Residency Fight Returns to Alabama High Court

The legal fight over Tommy Tuberville's residency is back before the Alabama Supreme Court, where two Alabama voters are asking the justices to revive their challenge to the Republican nominee's eligibility to serve as Governor.

Attorneys for Brook Lynn Dorgan and Justin Jude LeBlanc filed a 45-page brief with the State's highest court this week, arguing that a Montgomery County judge wrongly dismissed their case before the central residency issue could be heard. The filing is the latest step in a dispute that has followed Tuberville's campaign for much of the year.

The case turns on Article V, Section 117 of the Alabama Constitution, which requires the Governor to have been "a resident citizen of this State at least seven years next before the date of his election."

With the general election set for Nov. 3, the challengers argue that Tuberville must have established Alabama residency no later than Nov. 3, 2019. They contend that records show his legal residence remained in Florida beyond that date. Tuberville has firmly rejected that claim and maintains that Auburn has been his legal home.

The appeal does not ask the Supreme Court to rule on whether Tuberville meets the seven-year rule — yet. Instead, the immediate question is whether Dorgan and LeBlanc can use a legal action known as quo warranto to challenge the qualifications of a certified candidate before an election.

Montgomery County Circuit Judge Brooke Reid dismissed the lawsuit on July 9, ruling that the court lacked subject matter jurisdiction under the legal procedure used by the plaintiffs. Reid did not rule on where Tuberville legally resides or whether he meets the constitutional test.

Dorgan and LeBlanc appealed that ruling to the Alabama Supreme Court.

Their original lawsuit alleged that Tuberville registered to vote in Walton County, Florida, in May 2017 and voted there in 2018. It also raised questions about Tuberville's Auburn home, which the plaintiffs said was bought by his wife and son in 2017. According to the complaint, Tuberville was not added to the deed until 2024 and did not personally claim a homestead exemption on the property until 2025.

The lawsuit sought records that could bear on the residency question, including tax returns, utility bills, insurance records and other documents tied to Tuberville's homes in Alabama and Florida. It also sought depositions from Tuberville and his wife, Suzanne. The case was dismissed before that discovery took place.

The Supreme Court agreed last month to speed up its review of the appeal. Dorgan and LeBlanc were ordered to file their opening brief by Aug. 7. Tuberville's attorneys then have 14 days to respond, followed by seven days for the challengers to file a final reply. The court warned that requests for more time would be disfavored.

Justice Greg Cook recused himself from the case. The court has not announced when it will rule.

The clock, however, is becoming a major factor.

Under Alabama law (§17-13-23), the deadline for a political party to name a replacement for a Statewide nominee under certain circumstances falls 76 days before the general election. This year, that date is Aug. 19. Another ballot deadline arrives Aug. 24 — the day party nominations must be finalized under Alabama Code §17-6-21. If each side uses all of the time allowed by the Supreme Court, the final brief in the appeal may not be filed until Aug. 28.

Even a victory for Dorgan and LeBlanc at the Supreme Court would not necessarily settle Tuberville's eligibility. If the justices find that Reid had jurisdiction to hear the quo warranto case, they could send it back to Montgomery Circuit Court for discovery, evidence and a ruling on the merits.

The current lawsuit is only the latest challenge to Tuberville's residency.

Former Republican gubernatorial candidate Ken McFeeters raised the issue early this year, first challenging Tuberville's ballot eligibility before the Alabama Republican Party. McFeeters argued that public records raised "serious and unresolved questions" about whether Tuberville had maintained the continuous Alabama residency required by the Constitution.

McFeeters later sued Tuberville over the residency issue, arguing that the courts should decide whether he was qualified to appear on the Republican primary ballot.

Tuberville went on to overwhelmingly win the May 19 Republican primary with more than 85 percent of the vote and was certified as the party's nominee.

The dispute did not end there.

The Alabama Republican Party held a formal evidentiary hearing in June to consider a post-primary challenge to Tuberville's qualifications. The party said it reviewed sworn testimony as well as State tax records, property and home ownership records, driver's licenses, voter registration records and other evidence submitted by Tuberville.

After the hearing, the ALGOP Candidate Committee unanimously sided with Tuberville.

"Coach Tuberville provided the evidence necessary to establish beyond any doubt that he fully meets the residency requirements to serve as Governor, and the challenge failed to present any evidence that proved otherwise," ALGOP Chairman Scott Stadthagen said.

Tuberville has also argued that his years living in Auburn while coaching the Tigers should satisfy the State's residency requirement.

"You can go back to, as long as you've had a seven year…I was at Auburn 10 years and so I lived there for 10 years in a row," Tuberville said during the earlier dispute. "So it's not your last seven years."

The challengers dispute that reading. They argue that the Constitution's words "seven years next before the date of their election" require seven consecutive years of Alabama residency immediately before Election Day.

For now, however, the Alabama Supreme Court is faced with a narrower issue: whether a court can hear such a challenge before a candidate is elected and takes office.

If the justices affirm Reid's dismissal, the Dorgan-LeBlanc lawsuit will end unless the challengers find another legal route. If they reverse it, the case could return to Montgomery Circuit Court and, for the first time, put the evidence behind Tuberville's residency claim before a judge.