MONTGOMERY — Attorneys for two Alabama veterans filed an appeal Tuesday with the Alabama Supreme Court seeking to revive a challenge to U.S. Sen. Tommy Tuberville’s eligibility to appear on the ballot for governor.
What the appeal seeks
The suit, initially brought in May by veterans Brook Dorgan and Justin LeBlanc, argues that Tuberville cannot show he has been a resident of Alabama for the required seven years prior to the general election. Montgomery County Circuit Court Judge Brooke Reid dismissed the case last week, saying the circuit court lacked jurisdiction to decide this type of eligibility challenge.
On July 14, the plaintiffs’ attorney, Barry Ragsdale, filed an appeal asking the state Supreme Court to allow the case to proceed into discovery so the veterans can gather evidence regarding Tuberville’s residency claims.
"We are confident that, if given a fair opportunity to present that evidence in court, we could easily establish that Tuberville is lying about where he lives and is ineligible to serve as governor,"
Ragsdale said in comments to AL.com.
Positions from both sides
Tuberville’s campaign maintains that the senator established residency in Alabama in 2019, when he says he moved to Auburn. Campaign officials have criticized the challenge as politically motivated. Campaign manager Jordan Doufexis told reporters that rival campaigns and opponents are manufacturing the dispute.
- Plaintiffs: Seek court review and discovery to determine residency facts.
- Defense: Argues state law provides nonjudicial routes for election disputes and that courts should not intervene.
- Lower court: Dismissed case on jurisdictional grounds July 2026.
Why the case matters locally
The appeal raises broader questions about how Alabama resolves disputes over who may appear on the ballot. The plaintiffs rely on a quo warranto theory — a historical common-law remedy used to challenge a person’s right to hold office — but applying it to a certified party nominee is legally novel in this context.
Legal experts and political operatives will watch closely because the Supreme Court’s decision could determine whether courts may review candidate eligibility claims before an election or whether such disputes must be handled internally by parties or the legislature after contests are certified.
| Item | Detail |
|---|---|
| Plaintiffs | Brook Dorgan, Justin LeBlanc |
| Defendant | U.S. Sen. Tommy Tuberville |
| Lower court ruling | Dismissed by Montgomery County Circuit Court (jurisdictional) |
| Next step | Appeal filed to Alabama Supreme Court (July 14, 2026) |
As this matter moves to the state’s highest court, Alabamians can expect briefing schedules and potential argument dates to be set. Those details will determine how quickly justices address whether the courts have a role in pre-election eligibility disputes for certified nominees.
The matter touches everyday concerns for voters: who may run for the state’s top office and which institutions — courts, parties or the legislature — decide those questions. I will continue to monitor filings and court notices and report developments as they become public.
