Tuberville Residency Questioned – Alabama or Florida?
Since before Tommy Tuberville filed qualifying papers to run for the Republican U.S. Senate nomination in 2020, questions have been repeatedly raised as to his legal place of residence. Is it Alabama or as some claim, Florida?
"Coach's" GOP U.S. Senate primary foes and Democrat Doug Jones in the 2020 general election, raised that question, as did political activists. But for the U.S. Senate that is not that a significant issue. Alabama law only requires a senate candidate to live in the state just one day. The U.S. Constitution requires in-state residency but does not establish a minimum length of time.
In August 2023, The Washington Post reported that campaign finance and property records indicate that Tuberville lives in Santa Rosa Beach, Florida, instead of Auburn, as his office claims, and has for almost two decades. There lies the problem for his ongoing campaign for governor.
According to the Alabama Secretary of State's website, Section 117 of the Alabama Constitution sets the length of residency to run for governor at seven years.
Records obtained by Alabama Daily News reportedly reveal Tuberville's Auburn residence on Cherry Street has had a homestead exemption applied to it since 2018. Tuberville told the Townsquare Media Tuscaloosa Steve and DC Morning Show on 95.3 The Bear that he would not be running to replace Kay Ivey if he didn't meet residency requirements.
Just before the end of primary qualifying last Friday, Ken (Abe) McFeeters, an insurance agent with offices in Hoover, Bessemer and Roebuck, signed qualifying papers to challenge Tuberville and "Alabama" Will Santivasci in the Republican primary.
The campaign is sure to heat up today with word from McFeeters that he is legally challenging the GOP nomination's front-runner residency and claims the former Auburn head football coach is not a qualified candidate.
No doubt this will be the first of several challenges. If McFeeters fails before the GOP Executive Committee, the Democrats who saw their front-runner, former Alabama Senator Doug Jones, lose to Tuberville by more than a half-million votes in 2020, will file several more.
The first challenge by the Democrats would be in Montgomery County Circuit Court. Evidence gathered there would be presented to a joint session of the Republican controlled state legislature.
The next and most legally challenging to Tuberville would be a legal action called a “quo warranto” action. It would be filed after the primaries decide party nominees. This would be heard in a court with depositions and a judge's demand for documents, including tax returns.
A "quo warranto" ruling against Tuberville would be the most problematic outcome for the senator and the Republican Party because law would now require the party to replace the nominee on the fall General Election ballot.
Obviously, what had been initially determined to be an easy win for the man endorsed by President Trump will not be an expected cakewalk. Tuberville will have to win at the ballot box and in the legislature and court.
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