Alabama Supreme Court affirms dismissal of Tommy Tuberville residency challenge

The Alabama Supreme Court Friday upheld a lower court’s dismissal of a challenge to Republican gubernatorial nominee Tommy Tuberville’s residency and eligibility to run for governor.

In a 13-page, unsigned opinion, the court said the Montgomery Circuit Court “lacked subject-matter jurisdiction” over the case.

Tuberville has faced questions about his residency for years, which he has dismissed. Two plaintiffs who challenged Tuberville’s residency attempted to do so under what is known as a “quo warranto” action, meaning “by what authority.” Plaintiffs argued that as a party nominee, Tuberville was a quasi-public official and subject to quo warranto, but the justices said that a nomination did not give a party nominee “some portion of the sovereign functions of government.”

“We hold that a party’s nominee for election to public office does not exercise any public office,” the opinion said. “Thus, a quo warranto action is not authorized against a party nominee.” 

Messages seeking comment were left Friday with Tuberville’s campaign and Montgomery attorney Joe Espy, who represented Tuberville in court. 

Barry Ragsdale, an attorney representing the plaintiffs in the case, said in a statement Friday morning “we were obviously disappointed with the decision, but not particularly surprised.”

“There is simply no question that Tuberville is constitutionally ineligible to be governor,” the statement said. “Today’s decision opens the door to ineligible candidates, including non-U.S. citizens, to seek elected office so long as the political parties fail to do their jobs in ensuring that their nominees comply with the Constitution. It is another sad day for the rule of law.”

Montgomery Circuit Court Judge Brooke Reid dismissed the case in July due to a lack of jurisdiction after an hours-long hearing. Reid did not judge the merits of the case.

This is a developing story and will be updated.