McFeeters Says He Has the Right to Subpoena Tuberville in GOP Residency Challenge

June 5, 2026 - BESSEMER, Ala. - Republican gubernatorial candidate Ken McFeeters is escalating his residency challenge against U.S. Sen. Tommy Tuberville, arguing that Alabama Republican Party rules give him the clear authority to subpoena Tuberville for sworn testimony - and accusing the senator's legal team of trying to avoid answering basic questions about his residency.

In a public statement, McFeeters cited the Alabama Republican Party's own rules governing primary election contests, specifically Section 10: Subpoenas for Testimony, which outlines the rights of parties involved in a contest.

According to the rule:

"Counsel of Record for each Party to a Contest – or the Party themselves, in the event that the Party does not have Counsel of Record – is designated by these Rules and pursuant to Alabama Code § 17‑13‑74 as having the authority to issue up to five (5) subpoenas to summon witnesses to appear and give testimony at a Pre‑Hearing deposition."

McFeeters says that language is unambiguous: he is entitled to subpoena up to five witnesses, and the first should be the candidate whose residency is being challenged.

"Common sense," McFeeters says - Tuberville should be witness #1

McFeeters argued that the most obvious witness is Tuberville himself, given that the core question in the challenge is whether the senator has lived in Alabama for the constitutionally required seven consecutive years before the 2026 election.

"#1 on the list should be the one who says he lived in Alabama for the last 7 years, right? Common sense, right?" McFeeters wrote.

But according to McFeeters, Tuberville's attorneys pushed back on the request, citing scheduling and logistical concerns.

Tuberville's counsel: Deposition "difficult" due to Washington schedule

McFeeters shared the response he says he received from Tuberville's legal team:

"The deposition could be difficult logistically given that Coach works in Washington, DC and the short time frame."

McFeeters says he even offered to conduct the deposition via Zoom, but the senator's attorneys still resisted.

McFeeters: "Too busy to testify?"

The refusal, McFeeters argues, raises questions about transparency and accountability.

"So we don't get to ask him if he's lived in Alabama for the last seven years?" he wrote.

"Does someone too busy and too much of a big shot to testify in their own hearing, about their residency, sound like someone trying to get to the truth?"

The dispute adds another layer of tension to an already high‑profile challenge. Tuberville, who is running for governor while continuing to serve in the U.S. Senate, has long faced scrutiny over his residency history, including past voting records in Florida and the timing of his return to Alabama property ownership.

What happens next

The Alabama Republican Party's contest committee will ultimately decide whether subpoenas may be enforced and whether Tuberville must testify. The committee also determines whether a formal hearing will be held and what evidence may be considered.

The outcome could influence whether Tuberville remains on the GOP primary ballot - and could shape the trajectory of the 2026 governor's race.