Sen. Tommy Tuberville (R-Al.) appeared before the Alabama Supreme Court this week to defend himself against allegations that he was not a resident of Alabama long enough to qualify for governor. Tuberville, first elected to the Senate in 2020 after a career as a college football coach, is seeking the state's top office, and the court's ruling could shape the Republican lineup on the November ballot.

Those challenging Tuberville filed a 23-page brief with the state's highest court in response to filings by Tuberville's attorney and the Alabama Republican Party, the Alabama Recorder reported.

The residency question has been a persistent problem for Tuberville, who has faced allegations that he was actually a resident of Florida. Evidence cited by his challengers includes a "2023 Florida driver's license, and homestead exemption in Auburn that Tuberville said he has been on since 2018 but was not added to until mid-2024." Tuberville previously served as head football coach at Auburn University and later coached at Cincinnati from 2013 to 2016. During a closed-door hearing, he said he purchased the Auburn home in October 2018, The Birmingham News reported in June.

Alabama requires that a candidate for governor be an Alabama resident for seven years to qualify for office — a durability requirement the state applies to its highest offices, similar to residency provisions found in many state constitutions.

The brief accuses Tuberville's team of attempting to avoid an "obvious and very inconvenient truth."

"Raising every conceivable procedural and legal roadblock they can muster, Tuberville and his political allies ask this Court to simply look the other way while he thumbs his nose at an Alabama constitutional requirement that has existed since this state was founded more than 200 years ago," Thursday's brief said.

Tuberville has argued that although he may own a home in Florida, it is not his permanent residence.

"Alabama has long held that it is up to the judiciary – undisputably a co-equal branch of our government – to uphold and enforce the provisions of the Constitution when threatened by unscrupulous politicians and others more concerned with their own power than the rights enshrined in our most sacred laws," the brief continued.

"The statutory language is expressly limited to 'any proceeding for ascertaining the legality, conduct, or results of any election' or 'any injunction, process, or order from any judge or court, whereby the results of any election are sought to be inquired into, questioned, or affected, or whereby any certificate of election is sought to be inquired into or questioned,'" the brief added. "Appellants challenge only Tuberville's constitutional eligibility to now serve as the certified nominee — which presumes that the results of the primary are valid and correct."

One of Tuberville's arguments is that the courts have no role in deciding whether he meets the legal requirements. The plaintiffs, however, are proceeding under a legal mechanism called "quo warranto," according to the report — a process by which someone asks, "By what authority does this person hold — or claim the right to hold — this public office?" The centuries-old writ has historically been used to test claims to public office, and the court's decision on whether it can be applied to a candidate who has not yet been elected will be a central procedural issue in the case.

In June, Tuberville's campaign released new documents intended to prove his residency, but the release inadvertently exposed him to two potential problems. To establish Alabama residency, his team produced seven years of tax documentation and property tax records. Still, questions remain about how Tuberville can prove he was an Alabama resident.

First, Alabama Reporter journalist Josh Moon asked why it took Tuberville's staff so long to produce documentation in his defense. Second, Moon raised the question of whether Tuberville's voting records indicated he committed voter fraud.

Tuberville included his 2018 tax filings among the records, even though they were not required, since he only needs to prove seven years of residency, not eight. The problem is that Tuberville voted in Florida in November 2018 while claiming to be a resident of Alabama, AL.com reported.

"According to records from the Walton County, Florida, registrar's office, Tuberville registered to vote in Florida on May 24, 2017, and voted by mail in the 2018 general election," Moon reported. "The earliest he could have received a mail-in ballot was October 2, 2018, according to the Division of Elections at the Florida Department of State."

The legal question is complicated because Tuberville has not yet been elected to office, making it difficult to determine whether he could take office if he were elected.

The brief addresses that point by arguing, "Alabama voters deserve to know whether Tuberville is constitutionally ineligible before they go to the polls in November."