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(KTXL) — A hearing date has been set after Gov. Gavin Newsom announced Monday he was suing the secretary of state over what his lawyer called “an inadvertent but good faith mistake.”

The hearing has been set for July 9 at 9:30 a.m. in Sacramento.

It will be up to a judge to decide whether Newsom’s party preference can be on the ballot for the upcoming recall election.

The governor, a Democrat, is fighting to have his political affiliation alongside his name after his lawyer said it was left out of his answer to February’s recall notice. 

According to the lawsuit, Newsom tried to file his party preference on June 19 but Secretary of State Shirley Weber declined. 

In a statement Tuesday, the secretary of state’s office wrote, “The Secretary of State’s office has a ministerial duty to accept timely filed documents. Acceptance of filings beyond a deadline requires judicial resolution.”

Newsom’s legal team had asked a Sacramento County judge to take action by July 12.