The Nebraska Attorney General's Office says a state senator from Lincoln is eligible to seek re-election.
But the office also says in an opinion released Tuesday that the final decision rests in the hands of the Nebraska secretary of state.
Lincoln Sen. Tony Fulton was appointed to his seat in 2007. He served the remaining two years of Mike Foley's term and was elected to a full term in 2008.
The question is whether the state's term limits keep Fulton from seeking another term.
Calculations by the Attorney General's Office say he can. So far, calculations by the Secretary of State's Office say otherwise.
Published reports reveal an aide said Secretary of State John Gale wouldn't immediately make his decision.