A local judge has dismissed a case against Sen. Tommy Tuberville (R-Al.), setting up a case that will likely go to the Alabama Supreme Court, AL.com reported on Thursday.
For years, Tuberville has been plagued by allegations that he actually lived in Florida while running for office in Alabama. Now he’s facing off against renewed allegations about his residency in Florida and when he moved to Alabama.
Brooke Lynn Dorgan and Justin Jude Le Blanc, as “Realtors” sued Tuberville on behalf of the state of Alabama, challenging the eligibility of his candidacy to run for governor. While the U.S. Senate seat didn’t have the residency requirements for Tuberville’s first campaign, the state of Alabama has since constitutionally mandated residency requirements that are more expansive.
According to the suit, “At a meeting of the Shoals Republican Club on August 3, 2019, Tuberville candidly conceded that he ‘has property’ in Alabama but is not an ‘everyday resident of Alabama,’ describing himself as a ‘carpetbagger.'”
Barry Ragsdale, who represents the plaintiffs, made it clear they intend to appeal.
Montgomery Circuit Court Judge Brooke Reid wrote in the opinion that she “wrestled” with whether state law allows courts to get involved in a case concerning Tuberville’s residency and whether it meets the Alabama Constitution’s standards. AL.com reported that she doesn’t believe she has jurisdiction over the candidacy case and, as such, dismissed it.
Ahead of the primary election, the state’s GOP rejected a challenge to his residency from his primary opponent, Ken McFeeters.
McFeeters had filed a lawsuit in the spring in Covington County questioning Tuberville’s eligibility. County Circuit Court Judge Charles Short dismissed the case in a one-page order that gave no reason, the Alabama Reflector reported in May. However, the judge did refer to a motion filed by the Alabama Republican Party, saying that the court was not the place to have that debate.
The party’s motion said that they believed Tuberville had been a resident for the past seven years. The Alabama Constitution requires a gubernatorial candidate to have been a resident for 7 years to run for the top spot. However, Tuberville has served as the U.S. senator for the state for the past six years.
In her ruling, Reid cited the state Republican Party’s handling the issue that found Tuberville met the requirements, though the party is not a legal body.
She did leave the door open for future litigation, however, writing that “declaratory or other injunctive relief may be available to challenge a certified nominee’s eligibility” — just not the one brought in this case.