Gov. Gavin Newsom is suing his own Secretary of State after “an inadvertent but good faith mistake” could cause his party label to be omitted from the upcoming recall ballot.
Newsom made the mistake when he filed a formal answer to recall organizers’ petition in February of last year and according to the lawsuit his lawyers mistakenly left off his party affiliation, Democrat, from the paperwork.
The Governor asked Secretary of State Shirley Weber, a Democrat who Newsom himself appointed, to update his preference, and she “declined to accept the notice.”
The lawsuit, which was filed in Sacramento County Superior Court, is seeking the judge’s order to reverse Weber’s decision and list his affiliation on the ballot.
“Weber has stated she will not require the recall ballot to include Newsom’s party preference without a court order,” the lawsuit stated.
“The Secretary of State’s office has a ministerial duty to accept timely filed documents,” Weber’s chief spokesperson Joe Kocurek said in a statement. “Acceptance of filings beyond a deadline requires judicial resolution.”
The Governor’s legal problems are yet another layer of controversy involving the recall race after state Republicans were upset by Democratic lawmakers who passed a bill on Monday which would move up the date of the election.
No official date for the recall election has been set, but it’s expected to occur in the fall.
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