Virginia Court Dismisses Recall Effort Against Fairfax County School Board Member Elaine Tholen at Request of Albemarle County Commonwealth’s Attorney

The effort to recall Fairfax County School Board Member Elaine Tholen hit a dead end Friday, when Albemarle County Commonwealth’s Attorney Jim Hingeley asked Fairfax Circuit Court Judge Richard Gardiner to dismiss the recall petition. According to Tholen’s press release, Hingeley said the petition did not have factual allegations that met the legal standard.

“In this case, a small group of people unhappy about Covid restrictions tried to use the law to substitute their opinion for a unanimous consensus of the Fairfax County School Board. I was happy to hear the special prosecutor tell the judge that the case was about a policy disagreement, and that the recall process is not a vehicle to resolve such disputes with elected officials and governing bodies. That is why we have elections,” Tholen said.

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