North Carolina's 40th House district
{{Short description|American legislative district}}
{{Use mdy dates|date=August 2023}}
{{Infobox legislative district
| state = North Carolina
| district = 40
| chamber = House of Representatives
| image =
| representative = Phil Rubin
| party =Democratic
| residence =Raleigh
| Democratic =
| Republican =
| NPP =
| percent_white = 78
| percent_black = 9
| percent_hispanic = 5
| percent_asian = 4
| percent_native_american =
| percent_pacific_islander =
| percent_other_race =
| percent_multiracial = 4
| population = 85,330
| population_year = 2020
| voting_age =
| citizen_voting_age =
| registered =
| notes =
}}
North Carolina's 40th House district is one of 120 districts in the North Carolina House of Representatives. It had been represented by Democrat Phil Rubin since 2025. Rubin was appointed to complete the term of Joe John, who resigned and then died in 2025.{{cite web|url=https://censusreporter.org/profiles/62000US37040-state-house-district-40-nc/|title=State House District 40, NC|publisher=Census Reporter|accessdate=April 6, 2025}}{{cite web |title=NC Rep. Joe John, who served in state judicial, administrative and legislative roles, dies after battle with cancer |url=https://www.wral.com/story/nc-rep-joe-john-who-served-in-state-judicial-administrative-and-legislative-roles-dies-after-battle-with-cancer/21822392/ |website=WRAL |access-date=January 22, 2025 |language=en |date=January 22, 2025}}
Geography
Since 2003, the district has included part of northwestern Wake County. The district overlaps with the 15th, 16th, and 18th Senate districts.
District officeholders since 1995
=Multi-member district=
| class=wikitable style="text-align:center"
! Representative ! Party ! Dates ! Notes ! Representative ! Party ! Dates ! Notes ! Representative ! Party ! Dates ! Notes ! Counties |
| style="height:3em"
| align=left | 100px | {{Party shading/Republican}} | Republican | nowrap | January 1, 1995 – | Redistricted to the 90th district and retired. | align=left | Gene Wilson | {{Party shading/Republican}} | Republican | nowrap | January 1, 1995 – | Redistricted to the 82nd district. | align=left | 100px | {{Party shading/Republican}} | Republican | nowrap | January 1, 1995 – | Redistricted to the 91st district. | 1993–2003 |
=Single-member district=
Election results
=2024=
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2024[https://er.ncsbe.gov/?election_dt=11/05/2024&county_id=0&office=NCH&contest=1220] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Democratic Party (United States)
| candidate = Joe John (incumbent)
| votes = 32,983
| percentage = 62.32%
}}
{{Election box candidate with party link no change
| party = Republican Party (United States)
| candidate = Jerry Doliner
| votes = 18,332
| percentage = 34.64%
}}
{{Election box candidate with party link no change
| party = Libertarian Party (United States)
| candidate = Mike Munger
| votes = 1,612
| percentage = 3.05%
}}
{{Election box total no change
| votes = 52,927
| percentage = 100%
}}
{{Election box hold with party link no change
| winner = Democratic Party (United States)
}}
{{Election box end}}
=2022=
{{Election box begin no change|title=North Carolina House of Representatives 40th district Democratic primary election, 2022[https://er.ncsbe.gov/?election_dt=05/17/2022&county_id=0&office=NCH&contest=1601] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Democratic Party (United States)
| candidate = Joe John (incumbent)
| votes = 5,520
| percentage = 74.10%
}}
{{Election box candidate with party link no change
| party = Democratic Party (United States)
| candidate = Marguerite Creel
| votes = 1,929
| percentage = 25.90%
}}
{{Election box total no change
| votes = 7,449
| percentage = 100%
}}
{{Election box end}}
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2022[https://er.ncsbe.gov/?election_dt=11/08/2022&county_id=0&office=NCH&contest=1201] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Democratic Party (United States)
| candidate = Joe John (incumbent)
| votes = 24,630
| percentage = 54.78%
}}
{{Election box candidate with party link no change
| party = Republican Party (United States)
| candidate = Marilyn Avila
| votes = 19,224
| percentage = 42.75%
}}
{{Election box candidate with party link no change
| party = Libertarian Party (United States)
| candidate = Michael Nelson
| votes = 1,111
| percentage = 2.47%
}}
{{Election box total no change
| votes = 44,965
| percentage = 100%
}}
{{Election box hold with party link no change
| winner = Democratic Party (United States)
}}
{{Election box end}}
=2020=
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2020[https://er.ncsbe.gov/?election_dt=11/03/2020&county_id=0&office=NCH&contest=1209] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Democratic Party (United States)
| candidate = Joe John (incumbent)
| votes = 31,837
| percentage = 56.47%
}}
{{Election box candidate with party link no change
| party = Republican Party (United States)
| candidate = Gerard Falzon
| votes = 24,545
| percentage = 43.53%
}}
{{Election box total no change
| votes = 56,382
| percentage = 100%
}}
{{Election box hold with party link no change
| winner = Democratic Party (United States)
}}
{{Election box end}}
=2018=
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2018[https://er.ncsbe.gov/?election_dt=11/06/2018&county_id=0&office=NCH&contest=1043] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Democratic Party (United States)
| candidate = Joe John (incumbent)
| votes = 24,193
| percentage = 51.24%
}}
{{Election box candidate with party link no change
| party = Republican Party (United States)
| candidate = Marilyn Avila
| votes = 21,256
| percentage = 45.02%
}}
{{Election box candidate with party link no change
| party = Libertarian Party (United States)
| candidate = David Ulmer
| votes = 1,767
| percentage = 3.74%
}}
{{Election box total no change
| votes = 47,216
| percentage = 100%
}}
{{Election box hold with party link no change
| winner = Democratic Party (United States)
}}
{{Election box end}}
=2016=
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2016[https://er.ncsbe.gov/?election_dt=11/08/2016&county_id=0&office=NCH&contest=1115] North Carolina State Board of Elections
}}
{{Election box winning candidate with party link no change
| party = Democratic Party (United States)
| candidate = Joe John
| votes = 23,786
| percentage = 50.41%
}}
{{Election box candidate with party link no change
| party = Republican Party (United States)
| candidate = Marilyn Avila (incumbent)
| votes = 23,402
| percentage = 49.59%
}}
{{Election box total no change
| votes = 47,188
| percentage = 100%
}}
{{Election box gain with party link no change
| winner = Democratic Party (United States)
| loser = Republican Party (United States)
}}
{{Election box end}}
=2014=
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2014[https://er.ncsbe.gov/?election_dt=11/04/2014&county_id=0&office=NCH&contest=1206]North Carolina State Board of Elections
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Marilyn Avila (incumbent)
| votes = 16,120
| percentage = 54.30%
}}
{{Election box candidate with party link no change
| party = Democratic Party (United States)
| candidate = Margaret E. Broadwell
| votes = 13,567
| percentage = 45.70%
}}
{{Election box total no change
| votes = 29,687
| percentage = 100%
}}
{{Election box hold with party link no change
| winner = Republican Party (United States)
}}
{{Election box end}}
=2012=
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2012[https://er.ncsbe.gov/?election_dt=11/06/2012&county_id=0&office=NCH&contest=1223] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Marilyn Avila (incumbent)
| votes = 22,613
| percentage = 53.86%
}}
{{Election box candidate with party link no change
| party = Democratic Party (United States)
| candidate = William "Watt" Jones
| votes = 17,541
| percentage = 41.78%
}}
{{Election box candidate with party link no change
| party = Libertarian Party (United States)
| candidate = Ron Reale
| votes = 1,828
| percentage = 4.35%
}}
{{Election box total no change
| votes = 41,982
| percentage = 100%
}}
{{Election box hold with party link no change
| winner = Republican Party (United States)
}}
{{Election box end}}
=2010=
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2010[https://er.ncsbe.gov/?election_dt=11/02/2010&county_id=0&office=NCH&contest=1219] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Marilyn Avila (incumbent)
| votes = 27,686
| percentage = 62.88%
}}
{{Election box candidate with party link no change
| party = Democratic Party (United States)
| candidate = Violet Rhinehart
| votes = 16,345
| percentage = 37.12%
}}
{{Election box total no change
| votes = 44,031
| percentage = 100%
}}
{{Election box hold with party link no change
| winner = Republican Party (United States)
}}
{{Election box end}}
=2008=
{{Election box begin no change|title=North Carolina House of Representatives 40th district Democratic primary election, 2008[https://er.ncsbe.gov/?election_dt=05/06/2008&county_id=0&office=NCH&contest=1039] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Democratic Party (United States)
| candidate = Stan Morse
| votes = 7,353
| percentage = 54.82%
}}
{{Election box candidate with party link no change
| party = Democratic Party (United States)
| candidate = Sam Hart Brewer
| votes = 6,061
| percentage = 45.18%
}}
{{Election box total no change
| votes = 13,414
| percentage = 100%
}}
{{Election box end}}
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2008[https://er.ncsbe.gov/?election_dt=11/04/2008&county_id=0&office=NCH&contest=1226] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Marilyn Avila (incumbent)
| votes = 35,764
| percentage = 56.68%
}}
{{Election box candidate with party link no change
| party = Democratic Party (United States)
| candidate = Stan Morse
| votes = 27,336
| percentage = 43.32%
}}
{{Election box total no change
| votes = 63,100
| percentage = 100%
}}
{{Election box hold with party link no change
| winner = Republican Party (United States)
}}
{{Election box end}}
=2006=
{{Election box begin no change|title=North Carolina House of Representatives 40th district Republican primary election, 2006[https://er.ncsbe.gov/?election_dt=05/02/2006&county_id=0&office=NCH&contest=35] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Marilyn Avila
| votes = 2,029
| percentage = 65.62%
}}
{{Election box candidate with party link no change
| party = Republican Party (United States)
| candidate = Rick Eddins (incumbent)
| votes = 1,063
| percentage = 34.38%
}}
{{Election box total no change
| votes = 3,092
| percentage = 100%
}}
{{Election box end}}
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2006[https://er.ncsbe.gov/?election_dt=11/07/2006&county_id=0&office=NCH&contest=193] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Marilyn Avila
| votes = 20,556
| percentage = 100%
}}
{{Election box total no change
| votes = 20,556
| percentage = 100%
}}
{{Election box hold with party link no change
| winner = Republican Party (United States)
}}
{{Election box end}}
=2004=
{{Election box begin no change|title=North Carolina House of Representatives 40th district Republican primary election, 2004[https://er.ncsbe.gov/?election_dt=07/20/2004&county_id=0&office=NCH&contest=38] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Rick Eddins (incumbent)
| votes = 3,069
| percentage = 50.40%
}}
{{Election box candidate with party link no change
| party = Republican Party (United States)
| candidate = David S. Robinson
| votes = 3,020
| percentage = 49.60%
}}
{{Election box total no change
| votes = 6,089
| percentage = 100%
}}
{{Election box end}}
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2004[https://er.ncsbe.gov/?election_dt=11/02/2004&county_id=0&office=NCH&contest=200] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Rick Eddins (incumbent)
| votes = 29,528
| percentage = 62.14%
}}
{{Election box candidate with party link no change
| party = Democratic Party (United States)
| candidate = Joe O’Shaughnessy
| votes = 16,848
| percentage = 35.46%
}}
{{Election box candidate with party link no change
| party = Libertarian Party (United States)
| candidate = Andrew Hatchell
| votes = 1,143
| percentage = 2.41%
}}
{{Election box total no change
| votes = 47,519
| percentage = 100%
}}
{{Election box hold with party link no change
| winner = Republican Party (United States)
}}
{{Election box end}}
=2002=
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2002[https://er.ncsbe.gov/?election_dt=11/05/2002&county_id=0&office=NCH&contest=208] North Carolina State Board of Elections.
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Rick Eddins (incumbent)
| votes = 18,194
| percentage = 85.10%
}}
{{Election box candidate with party link no change
| party = Libertarian Party (United States)
| candidate = Scott Quint
| votes = 3,186
| percentage = 14.90%
}}
{{Election box total no change
| votes = 21,380
| percentage = 100%
}}
{{Election box hold with party link no change
| winner = Republican Party (United States)
}}
{{Election box end}}
=2000=
{{Election box begin no change|title=North Carolina House of Representatives 40th district Republican primary election, 2000{{cite web|url=https://www.ourcampaigns.com/RaceDetail.html?RaceID=923975|title=NC State House 040 - R Primary|publisher=Our Campaigns|accessdate=August 12, 2022}}
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = William Hiatt (incumbent)
| votes = 5,951
| percentage = 30.41%
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Gene Wilson (incumbent)
| votes = 5,317
| percentage = 27.17%
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Rex Baker (incumbent)
| votes = 4,798
| percentage = 24.52%
}}
{{Election box candidate with party link no change
| party = Republican Party (United States)
| candidate = John Brady
| votes = 1,928
| percentage = 9.85%
}}
{{Election box candidate with party link no change
| party = Republican Party (United States)
| candidate = Larry Joseph Wood II
| votes = 1,575
| percentage = 8.05%
}}
{{Election box total no change
| votes = 19,569
| percentage = 100%
}}
{{Election box end}}
{{Election box begin no change|title=North Carolina House of Representatives 40th district general election, 2000{{cite web|url=https://www.ourcampaigns.com/RaceDetail.html?RaceID=781706|title=NC State House 040|publisher=Our Campaigns|accessdate=August 12, 2022}}
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = William Hiatt (incumbent)
| votes = 44,155
| percentage = 23.90%
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Gene Wilson (incumbent)
| votes = 42,337
| percentage = 22.92%
}}
{{Election box winning candidate with party link no change
| party = Republican Party (United States)
| candidate = Rex Baker (incumbent)
| votes = 42,110
| percentage = 22.79%
}}
{{Election box candidate with party link no change
| party = Democratic Party (United States)
| candidate = Bert Wood
| votes = 30,224
| percentage = 16.36%
}}
{{Election box candidate with party link no change
| party = Democratic Party (United States)
| candidate = Daniel Hense
| votes = 25,915
| percentage = 14.03%
}}
{{Election box total no change
| votes = 184,741
| percentage = 100%
}}
{{Election box hold with party link no change
| winner = Republican Party (United States)
}}
{{Election box hold with party link no change
| winner = Republican Party (United States)
}}
{{Election box hold with party link no change
| winner = Republican Party (United States)
}}
{{Election box end}}