This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

SACRAMENTO, Calif. (KTXL) — Gov. Gavin Newsom is suing California Secretary of State Shirley Weber over whether his Democratic party affiliation will appear on a recall election ballot.

The lawsuit filed Monday aims, “…to require all recall ballots to include either next to or below NEWSOM’s name his party preference as follows: ‘Party Preference: Democratic.'”

According to the lawsuit, Newsom was informed of his office being the subject of recall on February 28, 2020.

Due to election code rules that went into effect on January 1, 2020, Newsom had the opportunity to give his party preference on the ballot.

But his elections attorney failed to include his party preference when filing his answer to the recall notice. 

Newsom tried to file his party preference election on June 19, 2021, but Weber declined, according to the lawsuit. 

Newsom’s suit states the inclusion of his political party will “ensure that voters are able to make a more informed choice when deciding how to vote in the upcoming recall election,” according to the suit.

FOX40 has reached out to both the Governor’s Office and Secretary of State office but has yet to hear a response.