Republican candidate Jack Ciattarelli can legally sue his opponent, Rep. Mikie Sherrill (D-NJ), during their race to be New Jersey‘s next governor, the state election board said.

The New Jersey Election Law Enforcement Commission issued an advisory opinion Monday that, as long as Ciattarelli uses his own personal funds, the Republican can file a defamation lawsuit against Sherrill. Ciattarelli sought an opinion from NJ ELEC to ensure that a lawsuit before Election Day would not violate any campaign finance laws.