Topeka ? Republican gubernatorial hopeful Jim Barnett blasted Gov. Kathleen Sebelius for her support of a law that allows some illegal immigrants to qualify for in-state tuition rates at public universities.

But Barnett’s lieutenant governor running mate, Sen. Susan Wagle, R-Wichita, voted for the measure that Sebelius signed into law in 2004.

Barnett said Friday he saw nothing wrong with criticizing Sebelius, a Democrat, for supporting a policy that his running partner voted for and has endorsed in public comments.

“That doesn’t change my position nor the position of the ticket,” said Barnett, who is a state senator from Emporia. If elected, Barnett said his administration would work to repeal the law.

Wagle could not be reached for comment.

The dispute is over the 2004 legislation that says students who attend a high school for three years and graduate can be eligible for in-state tuition at a public higher education institution. They also must be seeking citizenship. The bill was aimed at helping the children of illegal immigrants.

Last fall, 221 students qualified under the immigrant tuition law, according to the Kansas Board of Regents.

Barnett said the law encourages “an influx of more undocumented workers by giving them special favors.”

He added: “The governor has failed to provide leadership on illegal immigration issues in Kansas. It is time for a governor who understands the difference between ‘legal’ and ‘illegal’ behavior.”

Supporters of the law say it helps students who have been living in Kansas, regardless of their immigration status.

When the issue came up in the Senate, Barnett voted against the bill but Wagle voted for it. It passed the Senate 25-15.

During debate on the bill, Wagle said she couldn’t vote against the measure after attending Ash Wednesday services in a church near the Statehouse with a multiracial congregation.

“I’m going to vote for this bill because I think this is the right thing to do,” Wagle said at the time. “I think we’re called to help other people.”

Sebelius’ office declined to comment on Barnett’s statement. Sebelius has said in the past that the policy would strengthen the state.

“We need to open the doors of our colleges and universities to all our high school graduates,” she said when explaining her reason for supporting the proposal.