By SPEAKIN’ OUT NEWS
A Montgomery County judge said Monday that the Alabama Supreme Court will likely have the final word in the legal battle over whether U.S. Sen. Tommy Tuberville meets the state’s constitutional residency requirement to run for governor.
Circuit Judge Brooke E. Reid heard more than two hours of arguments from attorneys representing Tuberville and the plaintiffs challenging his eligibility. The lawsuit, filed June 17, contends Tuberville does not satisfy the Alabama Constitution’s requirement that a governor reside in the state for at least seven years before the election.
Rather than addressing Tuberville’s residency itself, Monday’s hearing focused on whether the court has jurisdiction to hear the case.
Tuberville’s attorney, Joe Espy, argued Alabama law clearly gives the Legislature—not the courts—the authority to decide election contests after an election is held.
“The plaintiffs have a mountain to climb,” Espy told the court. “And they’re barely at the base with nowhere to go.”
Attorney Barry Ragsdale, representing the plaintiffs, argued the case presents an unprecedented constitutional question that should be decided by the courts before voters cast their ballots. “We’ve never had an out-of-stater to run for governor,” Ragsdale said.
Judge Reid said she plans to issue a ruling as soon as possible but acknowledged there is little legal precedent to guide her decision.
“It’s not a well-settled issue in my opinion,” Reid said.
She added that regardless of how she rules, she expects the case to be appealed, meaning the Alabama Supreme Court will ultimately decide the legal question before the November gubernatorial election.