Larry Elder files lawsuit against California secretary of state to get on recall ballot

LOS ANGELES, CA - MARCH 10: Radio personality Larry Elder arrives at the premiere of the FX Network's "The Riches" at the Zanuck Theater on the Fox Studio lot on March 10, 2007 in Los Angeles, California. (Photo by Charley Gallay/Getty Images)
LOS ANGELES, CA - MARCH 10: Radio personality Larry Elder arrives at the premiere of the FX Network's "The Riches" at the Zanuck Theater on the Fox Studio lot on March 10, 2007 in Los Angeles, California. Photo credit (Photo by Charley Gallay/Getty Images)

Conservative talk radio host Larry Elder is filing a lawsuit after he was left off the ballot for September's recall election​ against California Gov. Gavin Newsom, according to the San Francisco Chronicle.

The Sacramento Bee reported that that Elders is filing the suit against Secretary of State Shirley N. Weber, claiming he "was unfairly disqualified from the ballot" and that he should be included.

The deadline to enter the recall was Friday, July ​16 at 5 p.m.

Elder claims in his lawsuit that the secretary of state's office said he did not qualify as a candidate because his tax returns were redacted incorrectly. Elder argues the disqualifying factor wasn't relayed to his staff until late Sunday.

Elder also claims in the lawsuit that his campaign manager, Lou Barnett, provided the required documents -- including his notarized declaration of candidacy, ballot designation worksheet and several others -- to staffers at the Los Angeles County Registrar of Voters on July 16 ahead of the 5 p.m. deadline.

Elders also claims that his relevant tax documents were filed to the California Secretary of State's Office in Sacramento. All gubernatorial candidates must release five years' worth of tax returns per law.

The recall election is set for September 14.

Featured Image Photo Credit: (Photo by Charley Gallay/Getty Images)