The Alabama Supreme Court has expedited the Tuberville residency appeal challenging whether the Republican nominee meets the constitutional requirements to serve as governor.
The court granted a request from Brook Lynn Dorgan and Justin Jude LeBlanc, two voters appealing the dismissal of their lawsuit against U.S. Sen. Tommy Tuberville (R-Auburn).
The challengers must file their opening brief no later than August 7. Tuberville will then have 14 days to respond, followed by seven days for a final reply from the plaintiffs.
The court said requests for extensions will be disfavored and must be supported by evidence showing good cause.
In a statement to Yellowhammer News, Tuberville campaign chairman Jordan Doufexis said the campaign expects the Supreme Court to uphold the dismissal and bring the residency dispute to an end.
“The clock is running out on DC Doug and his cronies’ attempt to take this election away from Alabama voters,” Doufexis said.
“Last month, the Alabama Republican Party followed the law, heard live testimony, reviewed more than 100 pages of evidence, and determined that Alabama’s senior U.S. Senator Tommy Tuberville has been a resident citizen of Alabama for more than seven years. This month, a Democrat circuit judge from Montgomery dismissed their attempt to disqualify Coach. Now we expect the Supreme Court will stand with the Constitution and put a final end to this nonsense. Coach is 5-0 in residency challenges, and we look forward to being 2-0 against DC Doug come November.”
The appeal follows Montgomery County Circuit Judge Brooke Reid’s July 9 dismissal of the lawsuit for lack of jurisdiction.
The plaintiffs filed the case as a quo warranto action, a legal procedure used to challenge whether someone has the right to hold public office.
Reid ruled that the circuit court could not use that procedure against Tuberville before he had been elected or assumed the office of governor. Her ruling did not determine where Tuberville legally resides or whether he satisfies Alabama’s seven-year residency requirement.
The Alabama Constitution requires the governor to have been a resident citizen of the state for the seven years immediately preceding the election.
Dorgan and LeBlanc argue Tuberville does not meet that requirement. Tuberville maintains that he resides in Auburn and is constitutionally eligible to serve.
The Supreme Court is now considering whether the circuit court had authority to hear the challenge before the November election. If the justices reverse the dismissal, the lawsuit could return to circuit court for further proceedings.
Justice Greg Cook recused himself from the appeal. The court has not announced a date for oral arguments or a deadline for issuing its decision.
The Alabama Republican Party previously rejected a separate challenge to Tuberville’s eligibility after reviewing his tax, property, voting and identification records.
Sawyer Knowles is a state and political reporter for Yellowhammer News. You may contact him at [email protected].
