SACRAMENTO, Calif. (KRON) – Governor Gavin Newsom will not be identified as a Democrat on the upcoming recall election ballot.

A Sacramento County judge denied Newsom’s request to allow his party preference on the ballot after the secretary of state first refused.

The judge’s decision comes after Newsom sued his own appointed secretary of state for not allowing him to include his party preference.

The governor was required to include his party preference in his reply to the recall petition in February of 2020. 

One of his lawyers who handled the paperwork admitted to the judge Friday he screwed up.

Secretary of State Shirley Weber has refused to allow Newsom to make the change. Her legal team noting Newsom missed the deadline and she’s following the law.

In his 11 page decision, the judge in part said, “the circumstances Newsom’s legal team laid out in arguments do not excuse his noncompliance with the law.” He wrote, “the court is not persuaded.”

A spokesman for Newsom’s anti-recall campaign said in a statement in part, “Californians see this partisan recall for what it is — a Republican power grab, and across the state you see Democrats united behind Governor Newsom.”

He would not say whether Newsom’s team would attempt to appeal.

Celebrity candidate running to replace Newsom, Caitlyn Jenner, intervened in the lawsuit last week. 

She tweeted Monday in part, “I am thrilled the rule of law prevailed. The end is near for Gavin Newsom!”

The judge’s decision comes about a month before recall election ballots hit mailboxes. Elections officials are preparing to send them out starting August 16th.

The special election date is set for Sept. 14.