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. 

Alabama’s constitution requires candidates for governor to have seven years of residency in the state, and Tuberville has faced questions about his residency in Alabama for years. Tuberville owns a home in Florida and was living there in 2017.

Tuberville says the time he spent in Alabama after moving to the state in 1999 to be Auburn University’s head football coach contributed to his residency. He told Alabama Daily News last year that a homestead exemption claimed by his wife and son amounted to proof of residency in 2018.

Al.com reported in June that Tuberville voted in Florida three months after claiming the exemption.  The Washington Post reported in 2023 that Tuberville had sold his Alabama properties, though his office said he was still living in Auburn.

Earlier this year, Lagniappe, a Baldwin County newspaper, reported that Tuberville had an active Florida driver’s license until 2023 and the state denied public records requests for tax documents that would have indirectly confirmed Tuberville’s residence.

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.

The Alabama Supreme Court also found that because state political parties have a process for addressing challenges to the ballot, “there is no statutory right to appeal a committee’s decision to the circuit court or to this court.”

“Our decisions in such cases have generally adhered to the rule that a primary-election contest brought under the primary-election contest statutes is the exclusive method authorized by law to challenge a party nominee’s qualification for office before the general election,” the opinion said.

Ken McFeeters, Tuberville’s opponent in the May primary, filed multiple challenges against Tuberville’s residency and eligibility to run for governor including a lawsuit in Covington County and two challenges with the Alabama Republican Party. All were dismissed.

This is a developing story and will be updated.