A judge has ruled against California Governor Gavin Newsom’s request to be identified as Democrat on the upcoming recall election ballot. Newsom sued California Secretary of State Shirley Weber in June over the mistake which resulted in his party affiliation being left off the ballot.

The Hill reports:

Per state law, Newsom was required to request his party affiliation be put on the ballot during a seven-day response window after a recall notice is filed, according to the newspaper. That deadline was 16 months ago.

The lawsuit argues that the error was a “good faith mistake,” but Weber rejected their call for the issue to be fixed.

Superior Court Judge James P. Arguelles ruled Monday that the good-faith assertion does not “justify excuse from the deadline,” according to Courthouse News.

Arguelles added that state law “unambiguously precludes party information from appearing on a recall ballot where the elected officer fails timely to make the designation.”

The California recall election will take place on Sept. 14.