A Lawsuit Challenges Tuberville’s Eligibility For Governor
Four the fourth time since he qualified to run for the Republican gubernatorial nomination, Alabama U.S. Senator Tommy Tuberville is having his legal residence challenged. This time a lawsuit filed today in Montgomery County Circuit Court by Brooke Lynn Dorgan and Justin Jude LeBlanc. Dorgan is an air force veteran from Mobile and LeBlanc an army veteran from Jefferson County.
The pair's suit states, "Relator (a private individual who brings a lawsuit on behalf of the government) plaintiffs contend that Tuberville is constitutionally prohibited from serving as Governor because he fails to satisfy the 7-year durational residency requirement contained in the Alabama Constitution. As such, Plaintiffs contend that Tuberville has “usurp[ed], intrude[d] into or unlawfully holds or exercises a public office” and seek relief pursuant to the Alabama quo warranto statutes." (a quo warranto challenge is filed after a candidate is certified as the party’s nominee making Tuberville a quasi-state official by law).
The suit Points out that the plaintiffs are not filing an election contest and do not contest the validity of the results of the Republican primary for Governor on May 19th. It also quotes Section 117 of Article V of the Constitution of Alabama of 2022 as the basis for their suit.
The governor and lieutenant governor shall each be at least thirty years of age when elected and shall have been citizens of the United States ten years and resident citizens of this state at least seven years next before the date of their election.
The suit includes photographs of a multi-million-dollar home Tuberville purchased in Santa Rosa Beach, Florida and quotes Tuberville during appearance on ESPN, “Six months ago, after 40 years of coaching football, I hung up my whistle and moved to Santa Rosa Beach, Florida, with the white sands and the blue water. What a great place to live.”
Also included is a photo of a home in Lee County which his son and wife owned. His name was not on the deed, "...when they claimed a homestead exemption on the Auburn House in October 2018, just a month before Tuberville and his wife would swear under penalty of perjury that they were legal residents of Walton County, Florida, and vote in the November 2018 Florida General Election."
The suit requests the Tubervilles produce tax returns, utility bills, automobile and homeowner insurance policies and mortgage loan documents. There are also a number of questions being asked Interrogatories (a discovery tool that the parties can use to have specific questions about a case answered before trial).
Depositions will be take from both Tuberville and his wife Suzanne.
Plaintiff attorneys are Barry A. Ragsdale and Robert S. Vance, 111 of the law firm Dominick Feld Hyde, PC.
Tuberville's campaign manager Jordan Doufexis issued the following statement, “Less than 72 hours after Coach Tuberville said ‘DC’ Doug Jones couldn’t talk about the issues, Jones’ Democrat lawyers proved Coach right. They’re back pushing the same tired residency hoax because they can’t defend open borders, men in women’s sports, DEI, crime, opposing school choice, or the Biden-Jones record.”
Tuberville has withstood three challenges to his residency by defeated GOP primary opponent Ken McFeeters, twice in the Alabama Republican Party Executive Committee and once in a county court.
Dorgan and LeBlanc have requested the court expedite their request. A ruling in favor of the plaintiffs could find Tuberville guilty of voter fraud.
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