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McFeeters requests expedited decision in latest lawsuit challenging Tuberville's candidacy

August 1, 2026 – BIRMINGHAM, Ala. – former Republican Primary candidate Ken McFeeters has filed a motion for expedited consideration in his newest lawsuit claiming that U.S. Senator Tommy Tuberville (R-Alabama) is not an Alabama resident and thus is not qualified to be the Republican nominee for Governor of Alabama.

McFeeters is asking Circuit Court Judge Charles "Chuck" H. Price (D) for expedited consideration in the case which has been filed in the Circuit Court of Jefferson County.

Alabama Secretary of State Wes Allen (R) is also a defendant in this suit.

Price is a graduate of Morehouse College and the Creighton University School of Law. He is a former Birmingham Municipal Court judge. He was elected to the Jefferson County Circuit Court in November 2024.

McFeeters is asking for a tight pre-deadline schedule. He is also requesting that Judge Price order depositions of both Tuberville and his wife and son by August 13, 2026. McFeeters is requesting the judge to make his final judgment by August 18, just one day before the August 19th statutory deadline for the Alabama Republican Party to certify that Tuberville is the qualified Republican candidate for the office of Governor.

McFeeters is seeking a declaratory judgment barring Tuberville from being the GOP nominee.

The Alabama Gazette has been told by ALGOP sources that Tuberville can show proof that he has an Alabama driver's license, owns a home in Auburn, is registered to vote in Alabama, and has paid Alabama income taxes for the seven years that he is required to show that he has been a resident of the state of Alabama in order to run for Governor of the state. Tuberville's team also argues that he established his residency in Alabama during the decade that he was the head Coach of the Auburn University football team.

Tuberville also owns a home in Santa Rosa, Florida worth about $6.5 million. McFeeters maintains that Tuberville is a Florida resident and thus ineligible to run for office in Alabama.

Two Democratic veterans filed suit in Montgomery County. The judge there dismissed the case. They have appealed to the Alabama Supreme Court.

State Senator Sam Givhan (R-Huntsville) said at the Alabama Republican Party State Executive Committee meeting in Montgomery that, "In 34 years of practicing law, McFeeters's lawsuit is the most frivolous suit I have seen."

The ALGOP executive committee narrowly voted down a controversial bylaws change proposed by State Auditor Andrew Sorrell (R) that would have prevented anyone who sues the Alabama Republican Party and loses from running for office as a Republican for seven years.

McFeeters had previously asked the Alabama Republican Party to remove Tuberville from the primary election ballot. That challenge was dismissed as frivolous. After Tuberville defeated McFeeters with 85.5 percent of the GOP primary vote, McFeeters challenged Tuberville's validity to serve as the GOP nominee. A formal hearing was held and the hearing officer found in favor of Tuberville.

ALGOP sources dismissed any possibility that Tuberville might be removed from the ballot.

"Mr. McFeeters lawsuit is a perfect example of a frivolous lawsuit," said former State Representative Perry O. Hooper Jr. (R-Montgomery).

Hooper said that Tuberville should consider filing his own lawsuit against McFeeters for filing a frivolous lawsuit.

Tuberville faces Doug Jones (D) in the November general election.

To comment or to ask a question email: brandonmreporter@gmail.com

 
 

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