MONTGOMERY, Ala. – U.S. Sen. and Republican gubernatorial nominee Tommy Tuberville on Monday filed a motion to dismiss a lawsuit alleging that he doesn’t meet the residency requirements to be the governor of Alabama.
In his motion, Tuberville argues that the court does not have the jurisdiction to decide on the case. The pending case in the Montgomery Circuit Court was filed last week by two Alabama residents as the latest challenge to Tuberville’s residency. The plaintiffs – Brooke Lynn Dorgan and Justin Jude LeBlanc – claim that Tuberville has not lived in Alabama for the last seven years, meaning he would not meet the constitutional requirements to be governor.
The plaintiffs’ complaint sought a quo warranto remedy, which challenges an individual’s right to hold a public office. Given the upcoming election, the plaintiffs also requested that their desired trial by jury run on an expedited timeline.
Though he addresses some of the plaintiffs’ claims about his residency, Tuberville’s motion centers around his argument that the judiciary has no jurisdiction over the case.
“Under § 142 of the Constitution, when the legislature has expressly ‘provided by law’ for there to be no jurisdiction, the Constitution says the Court loses its ‘general jurisdiction’ to do anything,” the motion reads. “The legislature has ‘provided by law’ in Ala. Code § 17-16-44 that the circuit court lacks jurisdiction, given the subject matter.”
Tuberville further argues in his motion that he doesn’t fall under quo warranto because he is not yet a state public officer. The plaintiffs’ original complaint identifies him as a “quasi-officer” who does fall under quo warranto.
Tuberville also says that the plaintiffs’ request for action disputes his certification as the Republican nominee and interrupts the ongoing election process.
“(Quo warranto action) would leave the Governor candidate nomination by 422,000 Republican primary voters in doubt and uncertainty,” his motion reads. “The circuit court is not the forum for a decision with such anti-democratic effects, and ALGOP is not to be denied its choice of nominee for a Statewide office by a single judge elected in a single county.”
This case is the latest development in the long challenge to Tuberville’s residency, which until last week has primarily been carried by Republican primary opponent Ken McFeeters.
Tuberville easily won the May 19 primary, earning 85.5% of the vote. McFeeters came in second place with 9.6%.
McFeeters first brought a residency challenge to the ALGOP during candidate qualifying, but the party dismissed that challenge in early February. He later took the challenge to the Covington County Circuit Court, but a judge dismissed that case, too.
He then brought the challenge back to the ALGOP after the primary. The party’s executive committee unanimously ruled to keep Tuberville on the ballot earlier this month.
The plaintiffs criticized the party’s hearing, calling it a “show trial with a foregone finding in Tuberville’s favor.”
The plaintiffs echo several of the arguments made by McFeeters during his many challenges. They lay out that Tuberville repeatedly went to his Florida home, not Auburn, where he says he lives, when returning from representing Alabama in Washington. The complaint also references several advertisements and interviews where Tuberville mentions living in Florida.
Tuberville addressed some of these allegations in his motion to dismiss. He argues that the plaintiffs’ “lengthy discourse” about his Florida home should be immaterial to the court.
“Just as Tuberville’s spending most of his time in Washington as Senator does not cause a loss of his resident status in Alabama; likewise, his time in Florida also has no such inherent effect,” his motion reads.
Alabama Daily News reported last year that the Auburn home Tuberville claims as his primary residence has had a homestead exemption applied to it since 2018. Homeowners can only claim one homestead tax exemption.
The Tubervilles own two properties in Walton County on the Florida panhandle, according to records from the county appraiser’s office. Neither property has had a homestead exemption filed by Tuberville in the last seven years.
Allen files similar motion in residency case
Secretary of State Wes Allen, a named defendant in the lawsuit, also filed a motion to dismiss on Monday. In addition to arguing that the court should dismiss the suit over lack of jurisdiction, Allen claims that the plaintiffs wrongly included him as a defendant.
“Because this suit does not challenge Wes Allen’s right to hold office as Secretary of State, he is an improper defendant and all claims against him must be dismissed,” Allen’s motion reads.
Though his motion vehemently opposes the plaintiffs’ complaint, Allen wrote that the plaintiffs “did get one thing right,” that “time is of the essence.”
Allen asks the court to dismiss the case quickly so that the proceedings do not interfere with “time-sensitive preparations” for the general election. The law mandates the secretary of state to certify the list of candidates with probate judges statewide 69 days before the election so that counties can start printing ballots.
For the upcoming election, this certification deadline falls on Aug. 26.
Tuberville will face Democrat and former U.S. Sen. Doug Jones in the general election. The match-up is a repeat of the 2021 election that first sent Tuberville to Washington.
The general election is Nov. 3.