Tuberville Files Motion To Dismiss Residency Lawsuit

U.S. Senator Tommy Tuberville wants a court lawsuit challenging his residency in Montgomery Circuit Court to be dismissed. The move to dismiss filed by his attorney Joe Espy, III states the suit is asking he court to “seize control of the election process” because the plaintiffs “do not believe they can trust the voters to choose their own governor.”

The motion further states, “The  Constitution and the Election Code leave political questions of candidate selection,  nominee certification, and gubernatorial election contests to the voters, the political parties, and, after the general election, and the legislature sitting in the manner prescribed by law.”

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Alabama Secretary of State Wes Allen, who is also a defendant in the lawsuit, has also filed a motion to dismiss the case. His motion argues that the lawsuit asks the court to “tread uncharted waters.”

Brooke Lynn Dorgan and Justin Jude LeBlanc filed the lawsuit claiming Tuberville has not lived in Alabama for the last seven years as required by the state constitution. They allege his official residence is actually in Florida, not the house in Auburn where his name was added to the deed in May 2024. Tuberville claims the only reason his name was not on the deed before that date was because he had been unavailable on signing day due to his U.S. Senate duties.

The two plaintiffs want Tuberville and his wife to provide tax returns, bills and insurance statements to the court and also be individually deposed.

The Alabama Republican Executive Committee has rejected two previous challenges of Tuberville's residence. The latest decision, just before the primary election, stated, "The evidence presented by Tuberville is conclusive as to his being a resident citizen of Alabama since prior to November 2019."

Attorneys for Dorgan and LeBlanc are requesting a 'quo warranto' remedy, which challenges an individual’s right to hold a public office. Given the upcoming election, the plaintiffs also requested that their desired trial by jury run on an expedited timeline.

The deadline for certification of candidiates for the November 3 General Election is August 26.

A hearing to look at both motions to dismiss is set for Monday.