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LINCOLN, Neb. (AP) — Nebraska’s secretary of state says he will allow Democratic gubernatorial candidate Bob Krist to appear on the party’s primary ballot, despite a challenge from one of Krist’s opponents.

Secretary of State John Gale rejected arguments Tuesday from Democratic hopeful Tyler Davis. Davis says Krist didn’t follow a law that requires candidates to change party affiliation before the first Friday in December of the previous year. The Nebraska Republican Party raised the same question.

Krist had been a Republican but switched to “nonpartisan” in September. He took initial steps to create a “United Nebraska” party, but never finished the process. Earlier this month, he registered as a Democrat for that party’s May 15 primary.

Gale says changing from nonpartisan to Democrat is considered a declaration of party, not switching parties.