Too Fast, Not Fast Enough.
Alabama’s Supreme Court agreed to rush Tuberville’s residency appeal — but the state’s own ballot deadline might beat the ruling to the punch.
A Montgomery County circuit judge dismissed the residency challenge against Tommy Tuberville on July 9, ruling she lacked authority to decide a party nominee’s eligibility before the general election — not that Tuberville actually lives in Alabama, a question no court has yet answered. The two voters behind the suit, Brook Lynn Dorgan and Justin Jude LeBlanc, appealed and asked the Alabama Supreme Court to speed things up.
On July 21, the Court agreed. Its order sets a hard schedule: Dorgan and LeBlanc must file their opening brief by Aug. 7, Tuberville gets 14 days to respond, and the challengers get seven more days to reply. Run the clock all the way out and Tuberville’s response could land Aug. 21, the final reply Aug. 28. The Court also warned that extension requests “will be disfavored” and suspended the appellate rule that normally allows for more time.
Here’s the problem: Alabama law sets its own deadline, and it doesn’t care about the Court’s calendar. If the Republican Party needed to replace Tuberville as its nominee, state law requires that name filed with the secretary of state no later than 76 days before the Nov. 3 election — Aug. 19. A second deadline, Aug. 24, finalizes party nominations outright. Under the statute, a nominee disqualified or withdrawing after that date stays on the ballot with no replacement allowed, and votes cast for that candidate simply aren’t certified.
Read the dates side by side: the statutory replacement deadline could arrive before Tuberville’s own response brief is even due. If the Supreme Court rules for Dorgan and LeBlanc, the ordinary next step would send the case back to circuit court for discovery, evidence and a first real ruling on where Tuberville actually lives. That process could easily run past both deadlines. Justice Greg Cook recused himself from the case; the Court gave no reason. No oral argument has been scheduled.
None of this touches the merits. Whether Tuberville meets the Constitution’s seven-year residency requirement for governor remains exactly as undecided as it was the day the lawsuit was filed. What’s changed is the odds that anyone gets an answer before Chambers County voters are asked to pick between him and Doug Jones in November.