Judge grants Tuberville motion to dismiss residency lawsuit

July 9, 2026 – MONTGOMERY, Ala. – Montgomery County Circuit Judge Brooke E. Reid has granted Senator Tommy Tuberville's (R) motion to dismiss the lawsuit against him seeking to prevent him from being the Republican nominee for Governor.

The swift court victory frees the Tuberville campaign and the Alabama Republican Party to focus on winning the general election on November 3 and not waste time and resources in lengthy court hearings and appeals.

Tuberville's residency was initially challenged by Republican primary opponent Ken McFeeters. After the Alabama Republican Party found in favor of Tuberville clearing his way to be certified as the Alabama Republican Party nominee, a lawsuit was filed by veterans y Brooke Lynn Dorgan and Justin Jude LeBlanc.

The plaintiffs claimed that Tuberville was ineligible to run for Governor citing Article V, Section 117 of the Alabama Constitution.

Judge Reid, after a week and a half of deliberation, agreed with Tuberville's legal team that her court lacked jurisdiction and dismissed the case without considering the plaintiffs' question over Tuberville's residency.

A source close to the case has told the Alabama Gazette that at the Republican Steering Committee (the candidate's committee) Tuberville's team produced an Alabama driver's license, Alabama voter registration, a deed showing that he and his wife own a home in Auburn, and Alabama income tax returns for the last seven years – the last six while he was the U.S. Senator. The Tuberville team also argued that he established residency in Alabama during the decade that he lived and worked here while he was the head coach at the University of Alabama.

Judge Reid never actually considered the residency issue.

Baldwin County attorney Harry Still III told the Alabama Gazette that he was disappointed with the decision to dismiss without hearing the case or making a ruling on Tuberville's residency.

"A good judge would have held a hearing and then given us a ruling on which the law could be used as a precedent," said Still.

The plaintiffs could still appeal to the all Republican Alabama Supreme Court. The Supreme Court justices could in theory reject the lower court's order to dismiss the case and send the case back to the circuit judge for continuation, but the Supreme Court could simply refuse to hear the appeal.

This does not end the residency issue. There will likely be other lawsuits.

McFeeters has asked for financial assistance in bringing his own suit in federal court. Since the residency issue has not been resolved in court, it is likely that if Tuberville is elected Governor one of his political opponents could file a new lawsuit in a last ditch effort to block his swearing in as Governor in January.

Those possible legal actions – much like this lawsuit – appears to have little if any merit and the ultimate judge and jury will be Alabama voters on November 3.

Tuberville faces former Alabama Democratic Party nominee Senator Doug Jones (the only person in Alabama to win a statewide election as a Democrat since 2008).

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