ALGOP asks judge to dismiss McFeeters lawsuit challenging Tommy Tuberville's residency

May 17, 2026 - The Alabama Republican Party (ALGOP) has formally requested that a Covington County judge throw out a lawsuit filed by GOP gubernatorial candidate Ken McFeeters, who is seeking to force the party-and the courts-to examine whether U.S. Sen. Tommy Tuberville meets Alabama's seven‑year residency requirement to run for governor.

The motion, filed by attorneys with Balch & Bingham LLP, argues that Alabama's "jurisdiction‑stripping statute" prevents courts from hearing pre‑election challenges unless a specific statute authorizes judicial review. According to ALGOP, no such statute exists, meaning the court cannot legally consider McFeeters' claims.

The Alabama Gazette spoke with McFeeters on Sunday. McFeeters said that the Alabama Republican Party is saying that they and they alone have the authority to determine whether or not Senator Tuberville meets the constitutional requirements to be Governor of Alabama and that the court has no jurisdiction.

McFeeters said that he told the court, "If not you, then who?"

Background of the Dispute

McFeeters filed his lawsuit on March 24 after the Alabama Republican Party dismissed his internal challenge to Tuberville's residency. He contends that Tuberville has not lived in Alabama for the constitutionally required seven consecutive years before the November 2026 election.

McFeeters argues that Tuberville's primary residence is in Santa Rosa Beach, Florida, not Auburn, where Tuberville claims domicile.

Tuberville's campaign has repeatedly rejected the allegation, calling McFeeters' claims a political stunt. A spokesperson previously stated that Tuberville has lived in Auburn since 2019 and returns home when not in Washington.

ALGOP's Legal Argument

In its motion to dismiss, the party cites a 2010 Alabama Supreme Court case, Rice v. Chapman, which held that courts cannot remove a candidate from a primary ballot in a pre‑election challenge. ALGOP argues that the same principle applies here: the judiciary has no authority to second‑guess the party's qualification decisions.

If the court agrees, McFeeters' lawsuit would be dismissed with prejudice, ending his attempt to force Tuberville to testify under oath about his residency.

McFeeters' Position

McFeeters maintains that the issue is constitutional, not political, and insists that only a court-not the party-can compel Tuberville to provide objective evidence such as travel records, financial documents, and utility statements to prove seven years of Alabama residency.

He has framed the dispute as a matter of election integrity, arguing that allowing candidates to claim "domiciles of convenience" undermines the Alabama Constitution.

What Happens Next

Judge Charles A. Short has held a hearing to determine whether the case will proceed. A ruling on the motion to dismiss could have come as early as Thursday.

McFeeters said that as of Sunday Judge Short has not made a ruling on whether or not to dismiss the case.

"Tommy Tuberville will never be Governor of Alabama," McFeeters told the Gazette. Vowing that if Tuberville wins the May 19 Republican primary that he will sue the party for ten million. He also expressed concern that likely Democratic nominee former Senator Doug Jones will file a lawsuit after the point at which it is too late for the Republican Party to replace Tuberville on the ballot and that we could get a Governor Doug Jones because of this.

The Republican primary is May 19.

(A.I, contributed to this report.)