PORTLAND – A state senator can finance his re-election campaign with Clean Election funding, even though he used private funding in the primary race, the state’s Ethics Commission ruled Wednesday.

The decision adds fuel to the race between incumbent Sen. Michael McAlevey and state Rep. Richard Nass, who defeated McAlevey by 104 votes in the Republican primary in June.

McAlevey, D-Waterboro, switched parties after the Democratic nominee, George Carroll, dropped out of the District 34 race for health reasons.

Nass, R-Acton, argued that McAlevey should not be eligible for $17,500 in public campaign financing because his primary campaign was privately financed.

But on Wednesday, the ethics commission refused to overturn a decision certifying McAlevey for public funding under the state’s Clean Election Act.

Afterward, Nass said McAlevey’s switch from private to public financing violated the spirit of the law.

“The only reason we have Clean Elections is so someone can’t take money from private sources and use it at the same time as using taxpayer money,” Nass said. “That’s the very point of the law.”

McAlevey applauded the commission’s ruling, saying he met the statute’s requirements for certification.

“The vote shows the commission is bipartisan and votes according to the law,” McAlevey said.

When McAlevey first ran for the state Senate in 2000, he took issue with Maine’s Clean Election Act, saying it suggested that privately financed candidates were dirty.

In the earlier race, McAlevey criticized his Democratic opponent for using public funds that he said could have been used to pay for state programs.

On Wednesday, McAlevey said he had no choice but to accept public funds this time around.

“I would have preferred to raise money the other way, but I didn’t have the time, and I was looking for the easiest way to level the playing field, and Richard Nass is a Clean Election candidate,” McAlevey said.