Tommy Tuberville residency lawsuit dismissed by Montgomery judge

A Montgomery County Circuit judge on Thursday dismissed a lawsuit challenging U.S. Sen. Tommy Tuberville’s ability to run for governor in Alabama, citing a lack of jurisdiction.

Montgomery County Circuit Judge Brooke Reid wrote in the 7-page order that there is “no Alabama case directly on point” addressing the lawsuit’s call for a “quo warranto” hearing on allegations that the senator has not met the Alabama Constitution’s seven-year residency requirement to run for governor.

“There are, however, numerous constitutional provisions and statutes that must be given due consideration by the court,” she wrote.

The order does not address the merits of the case.  Reid wrote that while her court lacked the authority to move forward with a quo warranto lawsuit, meaning “by what authority,” the law does not prevent that at a higher court. She said during a hearing on the case on June 29 that she expects the Alabama Supreme Court to make the final decision on the case. 

“This court has wrestled at length with the narrow issue of whether quo warranto may be utilized to challenge the constitutional eligibility of a certified nominee prior to the general election. Indeed, there is no Alabama case expressly endorsing or rejecting the use of quo warranto to challenge eligibility of a certified nominee prior to the general election,” she wrote. “While this court lacks authority to extend the application of quo warranto to a certified nominee, that does not imply that it should not be extended in this case, nor that the plaintiffs are estopped altogether from seeking court resolution of Constitutional eligibility to hold office.”

The lawsuit, filed on behalf of two plaintiffs, alleges that Tuberville, who has long faced residency questions, has not lived in Alabama for seven years, which is required to run for governor. It cites many media findings, like a homestead exemption on an Auburn home that Tuberville was not added to until mid-2024 despite claiming he moved back to the state in 2018, and a 2023 Florida drivers license. 

Tuberville has denied the allegations, saying he established residency in Auburn in 2018.

Reid wrote that the requirements for the governorship are “clearly set forth and unambiguous,” and courts have the sole responsibility to interpret and apply the Alabama Constitution, which was one of the plaintiffs’ arguments in June. Tuberville’s lawyers argued that the courts should play no role at all.

“The suggestion that courts are without authority, when properly invoked, to rule upon the constitutional eligibility of a nominee to hold office is lacking in merit,” Reid wrote.

Attorneys at the June 29 hearing argued for nearly three hours on whether or not Reid had jurisdiction over the matter.

The plaintiffs had not appealed the order as of Thursday afternoon. Attorney Barry Ragsdale, who represents the plaintiffs, said in a statement that he expected the case to be decided by the Alabama Supreme Court.

 “The public, and voters in particular, need to ask themselves why Sen. Tuberville is so afraid of having this case proceed in court. If he really was constitutionally eligible for Alabama’s highest office, he should be ready, willing and able to prove that in court, instead of cowardly relying on legal technicalities to avoid scrutiny of where he lives,” he said. “We are confident that, if given a fair opportunity to present that evidence in court, we could easily establish that Tuberville is lying about where he lives and is ineligible to serve as Governor.”

In a statement, Joe Espy, one of Tuberville’s lawyers, said the order follows the Alabama Constitution.

“Hopefully the court’s decision brings an end to all litigation. The decision on our next governor should not be up to any court, but rather the people of Alabama,” he said.

Jordan Doufexis, chair of the Tuberville campaign, continued to associate the case with Democratic gubernatorial nominee Doug Jones, who Ragsdale previously said is in no way part of the case.

“For months, DC Doug and his allies pushed the absurd claim that Alabama’s senior U.S. Senator for the last six years somehow lacks Alabama residency credentials. They were so wrong on the law that they started attacking the Alabama Supreme Court in an effort to blame Republican judges before the local judge had even ruled,” Doufexis said. “Well, that excuse just got blown up.”

In a statement Thursday afternoon, Jones said the ruling does not affect his campaign and he will continue to focus on issues that matter to Alabamians.

“It’s more than evident that Tommy Tuberville doesn’t live in Alabama, but the real issue is how out of touch he is with everyday Alabamians,” he said. “While he’s focused on helping his powerful friends, we’re focused on lowering costs, strengthening our schools, saving rural hospitals, and making government work for the people.”

This story was updated at 11:15 a.m. to include more information from Reid’s order. It was later updated at 3:56 p.m. to include statements from the Tuberville campaign, Joe Espy and Democratic gubernatorial nominee Doug Jones.