U.S. Sen. Tommy Tuberville gives an acceptance speech after he wins the Republican nomination for Alabama's governor at his primary election victory tailgate at the Vulcan Park in Birmingham, Alabama, on May 19, 2026. Tuberville on Monday filed a motion to dismiss a Montgomery County lawsuit that questions his qualifications for governor over his residency. (Anna Barrett/Alabama Reflector)
Key points
- U.S. Sen. Tommy Tuberville filed a motion to dismiss the most recent lawsuit that alleges he is not eligible to be governor.
- It also sought to quash discovery to prevent the Democratic nominee from using what could be found against him.
- Another court refused to step in after another candidate, Ken McFeeters, tried to challenge Tuberville’s candidacy.
Alabama Republican gubernatorial nominee and U.S. Sen. Tommy Tuberville Monday afternoon filed a motion to dismiss a Montgomery County lawsuit that questioned his eligibility to run for governor over his residency and to quash discovery.
The motion states that the lawsuit is asking the Montgomery County Circuit Court to “seize control of the election process” because the plaintiffs “do not believe they can trust the voters to choose their own governor.”
It stated that the court does not have jurisdiction to weigh in on Tuberville’s candidacy because that power belongs to the Alabama Republican Party (ALGOP).
“The Constitution and the Election Code leave political questions of candidate selection, nominee certification, and gubernatorial election contests to the voters, the political parties, and, after the general election, and the legislature sitting in the manner prescribed by law,” the motion states.
A message seeking comment from Barry Ragsdale, one of the plaintiffs’ attorneys, was left Monday afternoon.
The ALGOP steering committee heard and rejected a challenge to Tuberville’s residency on June 14, which was brought by his former primary opponent Ken McFeeters. McFeeters challenged Tuberville’s residency with the party when the U.S. Senator qualified to run for governor in January. McFeeters also filed a lawsuit in Covington County — which was “the closest I could get to Destin, Florida,” that claimed he was not eligible to be a candidate for governor. Both challenges were dismissed.
Tuberville lived in the state while he coached football at Auburn University from 1999 to 2008, and told Alabama Daily News in 2025 that the time he lived in the state during his coaching tenure contributed to his residency qualification for governor. After he left Auburn, he moved to Santa Rosa Beach, Florida.
His wife and son bought a home in Auburn in 2018, known as the “Game Day House,” and Tuberville was added to a homestead exemption for the property in mid-2024.
Tuberville, who is represented by Joe Espy, III, also filed a motion Monday afternoon to delay the discovery period until the first motion is settled. The discovery motion, filed by two veterans represented by Ragsdale and Robert Vance, III, asked Tuberville to provide evidence of moving companies used in moving from Florida to Auburn in 2018 and 2019, when the senator says he moved back to Alabama.
The discovery motion also asks for names and addresses of doctors offices, veterinarian offices and records of where he voted.
The motion to stay the discovery also says that such information found can be used by Democratic gubernatorial nominee Doug Jones and his campaign, “with the likely collateral effect of the public perceiving the court’s involvement.”
A message seeking comment from the Jones campaign was left Monday afternoon.
The motion says that discovery will “irreparably harm” Tuberville, but not the relator as a voter.
“No voting is allegedly due to occur during the likely time it takes to resolve the jurisdiction of this court,” the motion states. “Even if there were voting, and Tuberville were to receive the most votes, Section 115 of the Constitution provides for a “final judgment” from the legislature sitting in joint session were Tuberville actually ineligible to be governor.”
Montgomery Circuit Court Judge Brooke Reid on Monday morning set a status hearing for Thursday morning. As of Monday afternoon, Reid nor the plaintiffs had filed any additional documents.
Alabama Secretary of State Wes Allen, who is also a defendant in the lawsuit, also filed a motion to dismiss the case Monday afternoon. The motion argues that the lawsuit asks the court to “tread uncharted waters.”
The complaint uses a legal path known as quo warranto, meaning “by what authority,” which are on an expedited timeline. Ragsdale said in an interview last week that quo warranto was the “historically” correct path to take according to the Alabama Supreme Court.
“So far as the Secretary of State can tell, the Supreme Court of Alabama has never held that a quo warranto action can (1) bypass the jurisdiction-stripping statute’s bar and thus affect an ongoing election cycle; (2) adjudicate the qualifications of a party’s nominee; or (3) permit naming third parties (like Secretary Allen) not identified by the quo warranto statutes,” Allen’s motion to dismiss states.
According to the motion, the deadline to finalize ballots for the general election is Aug. 26, so Allen’s motion argues that the case should be dismissed so that any appeals that may come do not interfere with the election process.
The motion also says that quo warranto complaints can also be used for public office holders, not candidates.
“Here, plaintiffs challenge Sen. Tuberville’s qualifications to hold the office of governor. But Sen. Tuberville has not been elected governor and does not exercise the sovereign functions of that office,” the motion states. “To try to get around this bar, plaintiffs contend that a party’s nominee is a ‘quasi-officer’ subject to quo warranto. But a party’s nominee is a quasi-officer only of the party—not a public officer exercising sovereign authority.”
The motion also says that Allen is not a “proper party” in the lawsuit and he should be dismissed. Ragsdale said in an interview last week that Allen was included because he makes the final ballot decisions.
The story was updated to include a filing from Alabama Secretary of State Wes Allen.
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Author: Anna Barrett