Tommy Tuberville

A Montgomery County circuit judge will hear arguments today in the latest challenge to whether Sen. Tommy Tuberville meets the requirement to live in Alabama for seven years before being elected governor.

Tuberville has asked the court to dismiss the case, which claims that Tuberville spends most of his time at his Florida beach house when not in D.C.

Tuberville maintains that he has lived in Auburn for seven years, the time required for a person to be elected governor in the state constitution.

The state Republican Party ruled in Tuberville’s favor in a previous challenge filed by his GOP primary opponent, insurance agent Ken McFeeters.

Tuberville won the May 19 primary and is set to face former U.S. Sen. Doug Jones in November, a rematch of their 2020 election, won by Tuberville.

In their motion to dismiss the lawsuit, Tuberville’s lawyers say the court lacks jurisdiction because the Alabama Constitution - in Section 115 - gives the Legislature authority over election contests.

They also cite a state law - Alabama Code 17-17-44 - that says courts have no jurisdiction to issued orders in election disputes unless authorized by another law.

In response, lawyers for the plaintiffs say the lawsuit is not an election contest and is not subject to those provisions.

They said they are not arguing whether Tuberville won the primary or is the Republican nominee.

“That election is now final, and the certified result is not challenged here,” they wrote in opposition to the motion to dismiss.

“Instead, the question before this Court is whether Tuberville’s status as the certified nominee and his placement on the General Election ballot violate the Alabama Constitution.”

Attorneys Barry Ragsdale, Jimmy Pool, and Robert S. Vance III represent the plaintiffs in the case.

Tuberville’s lawyers include Joe Espy III, William Espy, Bert Jordan, and Stephen Shaw.

Montgomery County Circuit Judge Brooke E. Reid is hearing the case.