North Carolina, State House, District 40

Note: North Carolina's state legislative district maps are the subject of ongoing legal actions. On June 5, 2017, the Supreme Court of the United States affirmed a federal district court decision finding that 28 state legislative districts had been subject to an illegal racial gerrymander. The district court then ordered state lawmakers to draft remedial maps for use in the 2018 election cycle. The legislature adopted new state House and Senate district maps on August 30, 2017. On October 26, 2017, the district court appointed a special master "to assist the Court in further evaluating and, if necessary, redrawing" the revised district maps. The special master, Nate Persily, issued final recommendations on December 1, 2017. On January 19, 2018, the district court issued an order adopting Persily's recommendations, which incorporated some changes to the maps drawn by the state legislature. However, on February 6, 2018, the Supreme Court of the United States issued a partial stay against the district court's order. On June 28, 2018, the high court partially affirmed the district court's decision but returned the case to the lower court for reconsideration regarding its original ruling on districts in Wake and Mecklenburg counties. As a result of these actions, several district numbers and boundaries changed. Consequently, the demographic information in this article might not apply to the newly drawn district boundaries. We will update this information as new developments occur. For more information on redistricting in North Carolina, see this article.

North Carolina House of Representatives District 40
Current incumbent	Joe John
Population	76,609
Race	77.45% White, 9.3% Black, 0.27% Native American, 9.39% Asian/Pacific Islander, 1.29% Single Race Other, 2.3% Multi-Race
Ethnicity	4.5% Hispanic, 95.5% Non-Hispanic
Voting age	72.4% age 18 and over

North Carolina's fortieth state house district is represented by Democratic Representative Joe John.

As of the 2010 census, a total of 76,609 civilians reside within North Carolina's fortieth state house district. North Carolina state representatives represent an average of 79,462 residents, as of the 2010 Census. After the 2000 Census, each member represented approximately 67,078 residents.

About the office

Members of the North Carolina House of Representatives serve two-year terms and are not subject to term limits. North Carolina legislators assume office the first day of the new General Assembly in January.

Qualifications

Article 2, Section 7 of the North Carolina Constitution states: "Each Representative, at the time of his election, shall be a qualified voter of the State, and shall have resided in the district for which he is chosen for one year immediately preceding his election."

Salaries

State legislators
Salary	Per diem
$13,951/year	$104/day; set by statute.

Vacancies

If there is a vacancy in the state House, the governor is responsible for appointing a replacement. The governor must appoint the recommended individual submitted by the political party committee that holds the vacant seat. The appointment must be made by the Governor within seven days of receiving the candidate recommendation. The person selected to the seat serves for the remainder of the unfilled term.

Elections

2020

Elections for the office of North Carolina House of Representatives will take place in 2020. The general election will be held on November 3, 2020. A primary is scheduled for March 3, 2020. The filing deadline was December 20, 2019.

2018

General election

General election for North Carolina House of Representatives District 40

Incumbent Joe John (D) defeated Marilyn Avila (R) and David Ulmer (L) in the general election for North Carolina House of Representatives District 40 on November 6, 2018.

	Candidate	%	Votes
✔	Joe John (D)	51.2	24,193
	Marilyn Avila (R)	45.0	21,256
	David Ulmer (L)	3.7	1,767

The results have been certified.

Total votes: 47,216

Democratic primary election

Democratic primary for North Carolina House of Representatives District 40

Incumbent Joe John advanced from the Democratic primary for North Carolina House of Representatives District 40 on May 8, 2018.

		Candidate
✔		Joe John (D)

The results have been certified.

Republican primary election

Republican primary for North Carolina House of Representatives District 40

Marilyn Avila advanced from the Republican primary for North Carolina House of Representatives District 40 on May 8, 2018.

		Candidate
✔		Marilyn Avila (R)

There were no incumbents in this race. The results have been certified.

2016

Elections for the North Carolina House of Representatives took place in 2016. The primary election was held on March 15, 2016, and the general election was held on November 8, 2016. The candidate filing deadline was December 21, 2015.

Joe John defeated incumbent Marilyn Avila in the North Carolina House of Representatives District 40 general election.

North Carolina House of Representatives, District 40 General Election, 2016

Party	Candidate	Vote %	Votes
	Democratic	Joe John	50.41%	23,786
	Republican	Marilyn Avila Incumbent	49.59%	23,402
Total Votes			47,188
Source: North Carolina State Board of Elections

Joe John ran unopposed in the North Carolina House of Representatives District 40 Democratic primary.

North Carolina House of Representatives, District 40 Democratic Primary, 2016

Party	Candidate
	Democratic	Joe John (unopposed)

Incumbent Marilyn Avila ran unopposed in the North Carolina House of Representatives District 40 Republican primary.

North Carolina House of Representatives, District 40 Republican Primary, 2016

Party	Candidate
	Republican	Marilyn Avila Incumbent (unopposed)

2014

Elections for the North Carolina House of Representatives took place in 2014. A primary election took place on May 6, 2014. The general election took place on November 4, 2014. The signature filing deadline for candidates wishing to run in this election was February 28, 2014. Incumbent Marilyn Avila was unopposed in the Republican primary, while Margaret Broadwell was unopposed in the Democratic primary. Avila defeated Broadwell in the general election.

North Carolina House of Representatives, District 40 General Election, 2014

Party	Candidate	Vote %	Votes
	Republican	Marilyn Avila Incumbent	54.3%	16,120
	Democratic	Margaret Broadwell	45.7%	13,567
Total Votes			29,687

2012

Elections for the office of North Carolina House of Representatives consisted of a primary election on May 8, 2012, and a general election on November 6, 2012. The signature filing deadline for candidates wishing to run in this election was February 29, 2012. Incumbent Marilyn Avila (R) defeated William Jones (D) and Ronald Reale (L) in the general election. All three candidates were unopposed in the May 8 primary elections.

North Carolina House of Representatives, District 40, General Election, 2012

Party	Candidate	Vote %	Votes
	Republican	Marilyn Avila Incumbent	53.9%	22,613
	Democratic	William Jones	41.8%	17,541
	Libertarian	Ronald Reale	4.4%	1,828
Total Votes			41,982

Campaign contributions

From 2002 to 2016, candidates for North Carolina House of Representatives District 40 raised a total of $1,917,675. Candidates who raised money in contributions earned $68,488 on average. All figures come from Follow the Money.

Campaign contributions, North Carolina House of Representatives District 40

Year	Amount	Candidates	Average
2016	$676,116	2	$338,058
2014	$227,765	2	$113,883
2012	$229,537	3	$76,512
2010	$87,277	2	$43,639
2008	$67,669	3	$22,556
2006	$174,457	2	$87,229
2004	$135,592	4	$33,898
2002	$22,073	2	$11,037
2000	$297,189	8	$37,149
Total	$1,917,675	28	$68,488