Tuberville's Attorneys Move to Dismiss Residency Lawsuit in Montgomery County

Attorneys for U.S. Sen. and Republican gubernatorial nominee Tommy Tuberville have filed a motion seeking to dismiss the latest lawsuit challenging his eligibility to run for governor, arguing that Alabama courts lack the authority to intervene in the matter.

The lawsuit, filed in Montgomery County Circuit Court by two Alabama residents, claims Tuberville has not lived in Alabama for the seven years required under the state constitution for gubernatorial candidates. Plaintiffs point to voting records, property documents, and past public statements suggesting Tuberville maintained Florida residency well into the period that would disqualify him from the 2026 race.

Arguments for Dismissal

In their filing, Tuberville's attorneys contend that the Montgomery County Circuit Court lacks jurisdiction, asserting that decisions about candidate eligibility fall under the authority of the Alabama Republican Party, not the judiciary. The motion argues that the lawsuit attempts to "seize control of the election process," a role the attorneys say belongs to voters and political parties under Alabama law.

The motion also seeks to quash discovery, preventing plaintiffs from obtaining documents or testimony that could be used against Tuberville in the ongoing campaign.

Parallel Motion from the Secretary of State

Alabama Secretary of State Wes Allen, also named in the lawsuit, has filed his own motion to dismiss. His filing argues that Alabama's "jurisdiction‑stripping statute" prevents courts from interfering in ongoing elections unless explicitly authorized by law - and no such authorization exists in this case. Allen's motion further states that a quo warranto action, the legal mechanism used by plaintiffs, can only challenge someone already holding office, not a party nominee.

A Long‑Running Residency Dispute

This lawsuit is the latest in a series of challenges to Tuberville's residency status. Previous challenges brought before the Alabama Republican Party and in Covington County were dismissed. The ALGOP's steering committee most recently rejected a residency challenge on June 14.

Plaintiffs in the current case cite several pieces of evidence, including Tuberville and his wife voting as Florida residents in 2018 and the fact that his Auburn home was not added to his name on the deed until mid‑2024.

Next Steps

A Montgomery County judge has scheduled a June 29 hearing to consider the motions to dismiss. The outcome will determine whether the lawsuit proceeds or is halted before the discovery phase.

Tuberville's campaign has dismissed the repeated challenges as politically motivated, calling the latest filing "the same tired residency hoax."