A Montgomery County judge on Thursday dismissed a lawsuit challenging U.S. Sen. Tommy Tuberville's eligibility to run for Alabama governor, ruling that the court lacked jurisdiction to decide the matter before the general election.
Judge Cites Lack of Precedent
Circuit Judge Brooke Reid, a Democrat, wrote in her decision that she had "wrestled" with the case but found no legal precedent directly addressing the dispute. She determined she did not have the authority to rule on a party nominee's eligibility prior to the general election.
The lawsuit, filed by two Alabama voters, argued that Tuberville does not meet the Alabama Constitution's seven-year residency requirement to serve as governor. Tuberville, who has represented Alabama in the Senate since 2021, is the Republican nominee for governor.
Campaign Calls Lawsuit 'Bogus'
Joe Espy, an attorney representing Tuberville, praised the dismissal. Jordan Doufexis, chairman of Tuberville's campaign, called the residency allegation a "bogus lawsuit" pushed by allies of Democratic gubernatorial candidate Doug Jones.
"Doug Jones' residency hoax just got sacked for a loss as a Democrat judge in Montgomery dismissed yet another desperate lawsuit from 'DC Doug's' Democrat proxies," Doufexis said in a statement. He noted that the decision came from a Democratic judge "who followed the law and rejected a bogus lawsuit aimed at hijacking the election before Alabama voters could decide."
Plaintiffs Plan to Appeal
Barry Ragsdale, an attorney for the voters who filed the lawsuit, said he plans to appeal. "Everyone who has viewed the credible evidence knows that Tuberville really lives in a $5 million gated mansion on the beach in Florida and not in that tiny house behind a strip mall in Auburn," Ragsdale 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."
Property Records Show Florida Home
Property tax records show Tuberville and his wife own a beach home in Florida valued at $5.6 million. His campaign said Tuberville resides at a home in Auburn, a 1,551-square-foot property with an appraised value of about $291,780. The Auburn home was initially purchased by his wife and son; the senator's name was later added to the property in 2024, and his son's name was removed.
Background on Tuberville's Residency
Tuberville was head football coach at Auburn University from 1999 to 2008, then coached at Texas Tech and the University of Cincinnati. After retiring from coaching, he worked for ESPN. In a 2017 promotional video for ESPN, he talked about moving to Florida after retiring from coaching. Tuberville said he has since moved back to Alabama.
Voting records show Tuberville last voted in Florida in November 2018. He registered to vote in Alabama on March 28, 2019, about two weeks before announcing his run for Senate. The Alabama Republican Party in June rejected a similar challenge to Tuberville's eligibility, citing his property, tax and voting records.
Tuberville faces Jones in a rematch of their 2020 Senate race, which Tuberville won. The general election is scheduled for November.
