MONTGOMERY, Ala. — A legal challenge to Tommy Tuberville’s eligibility to become Alabama governor is now before the Alabama Supreme Court after challengers argued in a new filing that the Republican nominee is “constitutionally ineligible” for the office.
The Sept. 3 reply brief was the latest filing in an expedited appeal over whether the courts can examine Tuberville’s residency before the Nov. 3 general election. The filing did not produce a ruling from the Alabama Supreme Court, and the justices have not determined whether Tuberville satisfies the state’s seven-year residency requirement.
The case centers on whether Tuberville was an Alabama “resident citizen” for at least seven years before the election, as required by Article V, Section 117, of the Alabama Constitution. Because the election is scheduled for Nov. 3, the relevant deadline is Nov. 3, 2019.
The challengers, Brooke Lynn Dorgan and Justin Jude LeBlanc, are asking the Supreme Court to reverse a Montgomery County judge’s dismissal of their lawsuit and send the case back for further proceedings, including possible discovery and a trial.
A reversal would not immediately remove Tuberville from the ballot or establish that he is ineligible. It would determine only whether the challenge can proceed in court and whether evidence about his residency can be examined before the election. No court has ruled that Tuberville either meets or fails to meet the constitutional requirement.
Montgomery County Circuit Judge Brooke Reid dismissed the case in July, ruling that her court lacked jurisdiction to hear the type of claim brought by the challengers. The lawsuit uses a legal procedure known as quo warranto, which asks by what authority a person holds or seeks to hold public office.
Tuberville’s lawyers have asked the Alabama Supreme Court to affirm Reid’s dismissal. They argue that quo warranto is generally used against someone who has already assumed office, not to challenge a certified candidate before an election.
His attorneys also contend that the dispute should have been handled through the Alabama Republican Party’s primary challenge process and that courts should not interfere with election matters before voters cast their ballots. Alabama Attorney General Steve Marshall and the Alabama Republican Party have filed briefs supporting Tuberville’s position.
Marshall has warned that allowing the lawsuit to continue could lead to similar post-primary challenges against other candidates. He argues that questions about a governor’s qualifications may be reserved for a legislative proceeding after the election.
The challengers counter that Alabama’s Constitution establishes a clear residency requirement and that waiting until after the election could prevent meaningful enforcement of that requirement.
The lawsuit points to records and reporting that the plaintiffs say raise questions about when Tuberville established Alabama as his permanent legal home.
Among the issues cited are a Florida driver’s license issued in 2023 and an Auburn homestead exemption that Tuberville has said he claimed in 2018 but that was not added until 2024. The lawsuit also acknowledges that Tuberville owns a home on the Florida coast.
Tuberville has maintained that he meets the residency requirement. His lawyers argue that owning property in Florida or spending time outside Alabama does not necessarily end Alabama domicile, particularly when an absence is temporary.
The case has not reached the stage at which witnesses could be questioned or records fully examined. The circuit court did not hold a trial or decide the underlying residency evidence before dismissing the lawsuit.
The Alabama Republican Party previously held an internal hearing on the issue and certified Tuberville as its nominee after determining that he met the seven-year requirement. That party decision does not resolve whether a court may independently review the constitutional question.
Tuberville, Alabama’s senior U.S. senator and a former Auburn football coach, won the Republican nomination for governor in May. He is scheduled to face Democratic nominee Doug Jones in November, according to the current election contest.
The Supreme Court’s decision could determine whether the residency dispute receives a full hearing before the election. But even if the court sends the case back to Montgomery County, the challengers would still have to prove their allegations.
The immediate question before the justices is narrower: whether Alabama law provides a way to require a certified nominee to establish his eligibility before voters choose the next governor. The court had not issued a decision as of Saturday.