Ken McFeeters is once again challenging the residency of Tommy Tuberville, this time suing the Republican gubernatorial nominee in Jefferson County Circuit Court.
The new challenge comes after a Montgomery Circuit Court dismissed a quo warranto challenge by two Alabama men seeking to challenge Tuberville’s residency. That case is awaiting review by the Alabama Supreme Court.
In the dismissal of the case, Judge Brooke Reid wrote that there may be an avenue to decide the matter of Tuberville’s residency in court despite dismissing this particular case on procedural grounds—Tuberville’s attorneys have argued that it is not in the purview of the court.
McFeeters filed the new challenge to Tuberville’s residency under that framework, in hopes that the case can finally proceed to the merits and give him the change to depose and subpoena individuals to create a picture of Tuberville’s true residence.
Judge Charles Price seemed Thursday to lean toward Tuberville’s argument to dismiss the case on procedural grounds, noting that some of McFeeters’ legal arguments were “dicey” (McFeeters filed the suit pro se).
Whatever decision is made will need to come quickly—Tuberville’s attorneys all but confirmed that replacing Tuberville on the ballot after Aug. 19 will be logistically impossible as the party must deliver its certified nominee to the Secretary of State by that date. Ballots begin being printed soon after that with absentee voting beginning in mid-September.
Price said he could have the transcript of Thursday’s hearing by Friday and would seek to make an expedited ruling, but made no promises to clear the Aug. 19 deadline. If Price does not dismiss the case on one of the multiple procedural arguments, the case will almost certainly languish past August as McFeeters begins to seek discovery.
