Tuberville’s Move To Dismiss Residency Lawsuit Is Today
A court hearing in Montgomery County Circuit Court this afternoon will decide if a lawsuit challenging Republican Gubernatorial nominee Tommy Tuberville’s residency in Alabama will continue.
The scope of the lawsuit was narrowed ahead of today's proceedings when Montgomery County Circuit Judge Brooke Reid issued an order of dismissal yesterday, formally removing Alabama Secretary of State Wes Allen as a defendant in the case. The court order followed a notice of voluntary dismissal filed by the plaintiffs, narrowing the focus of the lawsuit directly onto Tuberville.
Tuberville says he filed a request for dismissal of the lawsuit because he has the proof he needs that he has lived the required 7-years in the state to constitutionally be governor. During an interview last week on 95.3 The Bear's Steve and DC Morning Show, Tuberville listed the documentation he posses as proof of his legal residence is Alabama. "My wife and I's drivers license, we've been paying taxes for eight years in the State of Alabama, eight in a row. You have to be consistent for seven years, well we have eight, and we've proven it! But they don't care about facts," Tuberville remarked.
The plaintiffs in the case, Brooke Lynn Dorgan and Justin Jude LeBlanc, who have repeatedly identified themselves as military veterans, claim Tuberville has not lived in Alabama for the last seven years as required by the state constitution and is actually a resident of Florida.
Today's hearing will decide if the lawsuit progressors to an expedited discovery phase. If it does, the first term U.S. Senator will be required to turn over personal medical, veterinary, voting, and moving company records from 2018 and 2019 to prove when he relocated back to Alabama. The suit is also asking that both Tuberville and his wife be deposed seperately.
Tuberville’s camp argues that the judiciary lacks jurisdiction, asserting that candidate qualifications represent political questions legally reserved for the political parties, the voters, and ultimately the state legislature.
The hearing is set for 1:30 this afternoon at the Montgomey County Courthouse.
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