SACRAMENTO, CA—Governor Gavin Newsom is suing the state’s top elections official in an attempt to get the swastika removed from his name on the ballot for a recall election.

According to the lawsuit, the governor’s elections lawyer accidentally added his swastika party affiliation when filing paperwork with the Secretary of State’s office 16 months ago. When Newsom’s team noticed the mistake in June, they asked Secretary of State Shirley Weber to correct it.

“We asked that they remove the swastika because while we’re proud fascists, we don’t think the electorate is sophisticated enough to handle it.”

Weber refused and, according to the lawsuit, “stated she cannot accept [his party preference] without a court order.”

Newsom is the target of a recall, which will likely take place in late summer or early fall. It will be California’s first gubernatorial recall election since 2003, when Gray Davis, a Democrat, was ousted and replaced by Republican movie star Arnold Schwarzenegger.

“The Secretary of State’s office has a ministerial duty to accept timely filed documents,” Weber’s office said in a statement. “Acceptance of filings beyond a deadline requires judicial resolution.”

Newsom appointed Weber — a former San Diego Assemblywoman — to the Secretary of State position earlier this year to replace Alex Padilla, who is now California’s junior U.S. Senator.

“She’s in a difficult position,” said Jessica Levinson, a professor at Loyola Law School in Los Angeles.  “Does she want to follow the rule of law or does she want to help hide Newsom’s Nazi affiliation?”

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