A 45-page brief filed in the Alabama Supreme Court is asking the state’s high court to reverse Montgomery County Circuit Judge Brooke Reid’s dismissal of a lawsuit challenging Republican Gubernatorial Nominee Tommy Tuberville’s legal residency.
Background
Plaintiffs Brooke Lynn Dorgan of Mobile County and Justin Jude LeBlanc from Jefferson County filed a major lawsuit on June 18th in Montgomery County Circuit Court. They alleged the senator failed to establish legal residency in Alabama and is not eligible to be the GOP’s nominee.
The Alabama Constitution requires candidates for governor and lieutenant governor to reside in the state for “seven years next” prior to a general election. The plaintiff’s suit claims Tuberville is not able to meet that requirement because he was a resident of Florida within that seven-year period.
Previous Challenges
The now Auburn resident has survived repeated challenges to his residency. The first came to the Republican Party early this year by the man Tuberville easily defeated in the May 19th Republican primary, Ken McFeeters.
The insurance executive then attempted a suit in Covington County, but it was thrown out because the judge said the court lacked authority.
The next challenge came from Dorgan and LaBlanc’s lawsuit in June. After it was tossed in the Montgomery Circuit Court, the plaintiffs filed a challenge in the Supreme Court in July.
August 6, McFeeters mounted another court challenge, this time in Jefferson County Circuit Court. He again argued that Tuberville cannot prove seven continuous years of Alabama residency. A judge has scheduled a hearing on that case for this Thursday.
The plaintiff’s attorney argued in their brief on Monday that just because a quo warranto action has never been ruled on in the state does not mean it can’t be.
A defendant brief must be filed by Tuberville’s attorneys with the Supreme Court by Aug. 21. Plaintiffs will then have until Aug. 28 to file a response.
Original reporting: The Tuscaloosa Thread — read the source article.
