A man with the same name and party affiliation as Alaska Republican US Senator Dan Sullivan is eligible to challenge the senator in the August primary, a judge ruled on Friday.

Superior Court Judge Thomas Matthews’ ruling overturns a June 15 decision by Division of Elections Director Carol Beecher to disqualify the challenger and keep him off the primary ballot. Matthews’ ruling can be appealed to the state Supreme Court.

Lawyers for the state have said Tuesday is the deadline for a final ruling so that ballots for the August 18 primary can be printed.

The judge ruled that the division’s decision to exclude Dan J. Sullivan because his candidacy was not “in good faith” was not based on the Constitution, Alaska law or the division’s own regulations.

The retired teacher from the small fishing community of Petersburg filed to challenge the incumbent.

“Instead, the decision was based upon a new, previously unstated, ‘good faith’ criteria,” the judge wrote.