Jefferson County Circuit Judge Dismisses Ken McFeeters' Lawsuit Challenging Tuberville's Eligibility

A Jefferson County Circuit Court judge has dismissed Ken McFeeters' lawsuit challenging U.S. Sen. Tommy Tuberville's eligibility to appear on Alabama's November gubernatorial ballot, marking yet another failed attempt by McFeeters to block Tuberville's candidacy.

🏛️ Background of the Case

Ken McFeeters, a former Republican gubernatorial candidate who finished a distant second to Tuberville in the May primary, filed the Jefferson County lawsuit in July. His complaint argued that Tuberville did not meet Alabama's constitutional requirement of seven continuous years of residency to qualify for the governor's race. The suit also named Secretary of State Wes Allen as a co-defendant, asserting that Allen should be barred from certifying Tuberville as the GOP nominee.

McFeeters' filing leaned heavily on a 22‑exhibit record, including Tuberville's past use of a Florida homestead tax exemption - a point McFeeters claimed undermined Tuberville's residency status.

⚖️ Judge's Ruling

Circuit Judge Chuck Price dismissed the lawsuit without ruling on the underlying residency question, determining instead that the court lacked jurisdiction to remove a candidate from an upcoming ballot. He further ruled that Jefferson County was the wrong venue for claims against Secretary of State Wes Allen, who officially resides in Montgomery County.

In the dismissal order, the judge also noted that McFeeters' dissatisfaction with internal Republican Party procedures "is not tantamount to the denial of due process," signaling that party-level decisions cannot simply be relitigated in state court.

📉 A Pattern of Failed Challenges

This dismissal marks McFeeters' second failed state court challenge. His first lawsuit, filed in Covington County, was dismissed in May for lack of subject‑matter jurisdiction just hours before primary polls opened.

Additionally, a federal lawsuit filed by McFeeters was dismissed within 24 hours on August 14, with U.S. District Judge Edmund LaCour ruling that McFeeters lacked standing and was raising a generalized grievance rather than a particularized injury.

With the Jefferson County dismissal, McFeeters has now failed in three separate legal actions attempting to block Tuberville's candidacy.

🔍 What Happens Next?

The dismissal does not affect a separate residency challenge brought by two Alabama military veterans, which remains pending before the Alabama Supreme Court under an expedited schedule. That case could still influence the gubernatorial ballot if the justices decide to take it up.

For now, Tuberville remains the Republican nominee and is set to face Democratic nominee Doug Jones in Novembe