SACRAMENTO, Calif. (AP) — California Gov. Gavin Newsom is suing the state's top elections official to ensure the word “Democratic" appears next to his name on the ballot for a recall election.

Newsom's lawsuit was filed Monday and says his campaign made an inadvertent mistake in February 2020 when it initially responded to the recall petition. At the time, the first-term Democrat failed to file paperwork saying he wanted his party preference next to his name on the ballot.

Secretary of State Shirley Weber, who Newsom appointed, says she can't accept his request to add it now because he missed the deadline. A recall date hasn't been set but is likely to be in early fall.