The dismissal of a residency lawsuit against Senator Tommy Tuberville, R-Alabama, by a Montgomery judge Thursday drew immediate support from Alabama Republicans, while gubernatorial rival Doug Jones and the plaintiffs’ attorney renewed their claims about Tuberville’s Alabama residence.
Although Montgomery County Circuit Judge Brooke E. Reid did not rule on whether Tuberville met the residency requirements for governor, she granted his motion to dismiss the challenge. Reid ruled that the plaintiffs’ quo warranto claim was not the proper legal avenue to challenge a party nominee before a general election.
Reid left open the possibility of an appeal, meaning the Alabama Supreme Court could hear the case next.
While Democratic nominee Jones and the plaintiffs’ legal team stood by their assertions that Tuberville’s primary residence is in Florida, the decision drew praise from Tuberville’s legal and political allies.
In a statement released Thursday after the ruling, Jones said the decision would not affect his campaign.
“Since our campaign began, we’ve been building a movement to win at the ballot box on November 3,” Jones said. “Nothing about today’s decision changes our plan.”
Jones repeated his claim that Tuberville does not meet the residency requirements to be elected governor and pledged to focus his campaign on affordability and the needs of everyday Alabamians.
“It’s more than evident that Tommy Tuberville doesn’t live in Alabama, but the real issue is how out of touch he is with everyday Alabamians,” Jones said. “While he’s focused on helping his powerful friends, we’re focused on lowering costs, strengthening our schools, saving rural hospitals, and making government work for the people. We will keep showing up for the people of Alabama every day.”
Barry Ragsdale, an attorney for the plaintiffs, said he would continue to challenge Tuberville’s Alabama residency before the Alabama Supreme Court.
“We are obviously disappointed with the Circuit Court’s ruling, but we have known all along that this matter would have to be decided by the Alabama Supreme Court,” Ragsdale said.
“The public, and voters in particular, need to ask themselves why Senator Tuberville is so afraid of having this case proceed in court,” Ragsdale continued. “If he really was constitutionally eligible for Alabama’s highest office, he should be ready, willing and able to prove that in court, instead of cowardly relying on legal technicalities to avoid scrutiny of where he lives.”
“Everyone who has viewed the credible evidence knows that Tuberville really lives in a $5 million gated mansion on the beach in Florida and not in that tiny house behind a strip mall in Auburn,” Ragsdale said. “We are confident that, if given a fair opportunity to present that evidence in court, we could easily establish that Tuberville is lying about where he lives and is ineligible to serve as governor. We are reviewing our options regarding an appeal or asking the Circuit Court to reconsider the ruling.”
Tuberville’s attorney, Joe Espy, said the decision “follows the Alabama Constitution and the law that has been in effect for generations and generations.”
“Hopefully the court’s decision brings an end to all litigation,” Espy said. “The decision on our next governor should not be up to any court, but rather the people of Alabama.”
Alabama Republican Party Chairman Scott Stadthagen described the lawsuit as an attempt by Tuberville’s opponents “to accomplish in the courtroom what they couldn’t accomplish at the ballot box.”
“With today’s dismissal, it’s finally time to turn the page,” Stadthagen said. “Now Democrats like Doug Jones have to do what every candidate should do: stand on their record, explain their agenda, and make their case to the people of Alabama. Republicans are proud of our record of conservative leadership and we’ve been ready to have that conversation.”
Tuberville campaign chairman Jordan Doufexis noted that a Democratic judge issued the ruling and described the accusations against Tuberville as “absurd.”
“DC Doug cannot run on open borders, men in women’s sports, DEI, defunding the police, the socialist left, or the Biden-Jones record, so his buddies tried to drag Coach through the mud instead,” Doufexis said. “Well, today’s ruling wiped that mud away. Coach is now 5-0 against these ridiculous challenges, and we are confident he will win the championship with the people of Alabama in November.”
As of Thursday evening, the plaintiffs had not filed an appeal.
