Judge Has Not Dismissed Tuberville Residency Challenge as Case Moves Toward Key Hearing

MONTGOMERY, Ala. - The lawsuit challenging U.S. Sen. Tommy Tuberville's eligibility to run for governor remains active in Montgomery County Circuit Court, with a judge declining to dismiss the case and instead setting a hearing to consider competing motions from the parties. The decision keeps alive a high‑stakes legal battle over Alabama's constitutional residency requirements and the authority of courts to intervene in candidate disputes.

The case, brought by Alabama veterans Brooke Dorgan and Justin LeBlanc, argues that Tuberville does not meet the state constitution's mandate that gubernatorial candidates maintain seven years of continuous residency in Alabama prior to the election. Tuberville, who has served in the U.S. Senate since 2021, has faced repeated questions from political opponents about his residency history, voting records, and time spent outside the state.

Judge Cancels Initial Hearing but Keeps Case Alive

Earlier this week, the court canceled a scheduled June 25 status hearing, prompting speculation that the case might be dismissed. But the judge quickly clarified that the cancellation did not signal an end to the lawsuit. Instead, the court set a new hearing for June 29, where it will consider motions to dismiss filed by both Tuberville and Secretary of State Wes Allen.

Those motions argue that the court lacks jurisdiction to hear the case under Alabama's jurisdiction‑stripping statute, which limits judicial review of certain election‑related disputes. Tuberville's legal team contends that questions about candidate eligibility fall under the authority of the Alabama Republican Party, not the courts, and that the party has already unanimously dismissed a similar challenge.

The judge has not ruled on those arguments, leaving the lawsuit fully intact as the parties prepare for the upcoming hearing.

A Quo Warranto Challenge With Statewide Implications

The plaintiffs filed the case as a quo warranto action - a legal mechanism used to challenge whether a person is lawfully entitled to hold or seek public office. Their complaint asserts that Tuberville's residency record does not satisfy the constitutional requirement and that the state has a compelling interest in ensuring candidates meet eligibility standards before appearing on the ballot.

Dorgan and LeBlanc argue that Tuberville's extended time living and working outside Alabama, including years spent coaching college football in other states, undermines his claim of continuous residency. They also point to property records and voting history as evidence that his primary residence may not have been in Alabama for the required period.

Tuberville has dismissed the allegations as politically motivated and maintains that he meets all constitutional requirements to run for governor.

Party Dismissed Earlier Challenge, but Court Case Continues

The lawsuit comes just days after the Alabama Republican Party's Executive Committee unanimously rejected a similar residency challenge brought by GOP gubernatorial candidate Ken McFeeters. In that case, the party ruled that Tuberville was eligible to appear on the Republican primary ballot.

McFeeters has vowed to continue pressing the issue, saying he will pursue additional legal avenues if necessary. But the Dorgan‑LeBlanc lawsuit represents the most significant judicial test of Tuberville's eligibility to date.

Despite the party's ruling, the court case proceeds independently - and the judge's decision to hold a hearing rather than dismiss the suit signals that the legal questions raised are substantial enough to warrant further review.

What the June 29 Hearing Means

The upcoming hearing will determine whether the case moves forward into discovery or is dismissed on jurisdictional grounds. If the judge allows the lawsuit to proceed, Tuberville could be required to provide sworn testimony or documentation establishing his residency.

Legal experts note that Alabama courts have historically interpreted the seven‑year residency requirement strictly, emphasizing continuous physical presence and intent to remain in the state. But the jurisdiction‑stripping statute adds a layer of complexity, raising questions about whether courts can intervene in candidate disputes at all.

The June 29 hearing is expected to draw significant attention from political observers, party officials, and campaigns across the state.

A High‑Profile Case in a High‑Stakes Election

The residency challenge has become one of the most closely watched legal battles of the 2026 election cycle. Tuberville, a high‑profile figure in Alabama politics, is widely considered a frontrunner in the Republican gubernatorial primary. A ruling against him could reshape the race and trigger a wave of legal and political fallout.

For now, the case remains active, the judge has not dismissed it, and the future of Tuberville's candidacy may hinge on the arguments presented at the June 29 hearing.