# North Carolina's 40th House district

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.

## Geography

Since 2003, the district has included part of northwestern Wake County. The district overlaps with the 13th and 18th Senate districts.

## District officeholders since 1995
### Multi-member district

| Representative | Party | Dates | Notes | Representative | Party | Dates | Notes | Representative | Party | Dates | Notes | Counties |
| William Hiatt | Republican | January 1, 1995 – January 1, 2003 | Redistricted to the 90th district and retired. | Gene Wilson | Republican | January 1, 1995 – January 1, 2003 | Redistricted to the 82nd district. | Rex Baker | Republican | January 1, 1995 – January 1, 2003 | Redistricted to the 91st district. | 1993–2003 All of Watauga, Ashe, Alleghany, Surry, and Stokes counties. |

### Single-member district

| Representative | Party | Dates | Notes | Counties |
| Rick Eddins | Republican | January 1, 2003 – January 1, 2007 | Redistricted from the 65th district. Lost re-nomination. | 2003–Present Part of Wake County. |
| Marilyn Avila | Republican | January 1, 2007 – January 1, 2017 | Lost re-election. | 2003–Present Part of Wake County. |
| Joe John | Democratic | January 1, 2017 – January 21, 2025 | Resigned | 2003–Present Part of Wake County. |
| Phil Rubin | Democratic | January 29, 2025 – Present | Appointed to succeed Joe John | 2003–Present Part of Wake County. |

## Election results
### 2022

North Carolina House of Representatives 40th district Democratic primary election, 2022 :
| Party | Party | Candidate | Votes | % |
| | Democratic | Joe John (incumbent) | 5,520 | 74.10% |
| | Democratic | Marguerite Creel | 1,929 | 25.90% |
| Total votes | Total votes | Total votes | 7,449 | 100% |
North Carolina House of Representatives 40th district general election, 2022 :
| Party | Party | Candidate | Votes | % |
| | Democratic | Joe John (incumbent) | 24,630 | 54.78% |
| | Republican | Marilyn Avila | 19,224 | 42.75% |
| | Libertarian | Michael Nelson | 1,111 | 2.47% |
| Total votes | Total votes | Total votes | 44,965 | 100% |
| | Democratic hold | Democratic hold | Democratic hold | Democratic hold |

### 2020

North Carolina House of Representatives 40th district general election, 2020 :
| Party | Party | Candidate | Votes | % |
| | Democratic | Joe John (incumbent) | 31,837 | 56.47% |
| | Republican | Gerald Falzon | 24,545 | 43.53% |
| Total votes | Total votes | Total votes | 56,382 | 100% |
| | Democratic hold | Democratic hold | Democratic hold | Democratic hold |

### 2018

North Carolina House of Representatives 40th district general election, 2018 :
| Party | Party | Candidate | Votes | % |
| | Democratic | Joe John (incumbent) | 24,193 | 51.24% |
| | Republican | Marilyn Avila | 21,256 | 45.02% |
| | Libertarian | David Ulmer | 1,767 | 3.74% |
| Total votes | Total votes | Total votes | 47,216 | 100% |
| | Democratic hold | Democratic hold | Democratic hold | Democratic hold |

### 2016

North Carolina House of Representatives 40th district general election, 2016 :
| Party | Party | Candidate | Votes | % |
| | Democratic | Joe John | 23,786 | 50.41% |
| | Republican | Marilyn Avila (incumbent) | 23,402 | 49.59% |
| Total votes | Total votes | Total votes | 47,188 | 100% |
| | Democratic gain from Republican | Democratic gain from Republican | Democratic gain from Republican | Democratic gain from Republican |

### 2014

North Carolina House of Representatives 40th district general election, 2014 :
| Party | Party | Candidate | Votes | % |
| | Republican | Marilyn Avila (incumbent) | 16,120 | 54.30% |
| | Democratic | Margaret E. Broadwell | 13,567 | 45.70% |
| Total votes | Total votes | Total votes | 29,687 | 100% |
| | Republican hold | Republican hold | Republican hold | Republican hold |

### 2012

North Carolina House of Representatives 40th district general election, 2012 :
| Party | Party | Candidate | Votes | % |
| | Republican | Marilyn Avila (incumbent) | 22,613 | 53.86% |
| | Democratic | William "Watt" Jones | 17,541 | 41.78% |
| | Libertarian | Ron Reale | 1,828 | 4.35% |
| Total votes | Total votes | Total votes | 41,982 | 100% |
| | Republican hold | Republican hold | Republican hold | Republican hold |

### 2010

North Carolina House of Representatives 40th district general election, 2010 :
| Party | Party | Candidate | Votes | % |
| | Republican | Marilyn Avila (incumbent) | 27,686 | 62.88% |
| | Democratic | Violet Rhinehart | 16,345 | 37.12% |
| Total votes | Total votes | Total votes | 44,031 | 100% |
| | Republican hold | Republican hold | Republican hold | Republican hold |

### 2008

North Carolina House of Representatives 40th district Democratic primary election, 2008 :
| Party | Party | Candidate | Votes | % |
| | Democratic | Stan Morse | 7,353 | 54.82% |
| | Democratic | Sam Hart Brewer | 6,061 | 45.18% |
| Total votes | Total votes | Total votes | 13,414 | 100% |
North Carolina House of Representatives 40th district general election, 2008 :
| Party | Party | Candidate | Votes | % |
| | Republican | Marilyn Avila (incumbent) | 35,764 | 56.68% |
| | Democratic | Stan Morse | 27,336 | 43.32% |
| Total votes | Total votes | Total votes | 63,100 | 100% |
| | Republican hold | Republican hold | Republican hold | Republican hold |

### 2006

North Carolina House of Representatives 40th district Republican primary election, 2006 :
| Party | Party | Candidate | Votes | % |
| | Republican | Marilyn Avila | 2,029 | 65.62% |
| | Republican | Rick Eddins (incumbent) | 1,063 | 34.38% |
| Total votes | Total votes | Total votes | 3,092 | 100% |
North Carolina House of Representatives 40th district general election, 2006 :
| Party | Party | Candidate | Votes | % |
| | Republican | Marilyn Avila | 20,556 | 100% |
| Total votes | Total votes | Total votes | 20,556 | 100% |
| | Republican hold | Republican hold | Republican hold | Republican hold |

### 2004

North Carolina House of Representatives 40th district Republican primary election, 2004 :
| Party | Party | Candidate | Votes | % |
| | Republican | Rick Eddins (incumbent) | 3,069 | 50.40% |
| | Republican | David S. Robinson | 3,020 | 49.60% |
| Total votes | Total votes | Total votes | 6,089 | 100% |
North Carolina House of Representatives 40th district general election, 2004 :
| Party | Party | Candidate | Votes | % |
| | Republican | Rick Eddins (incumbent) | 29,528 | 62.14% |
| | Democratic | Joe O’Shaughnessy | 16,848 | 35.46% |
| | Libertarian | Andrew Hatchell | 1,143 | 2.41% |
| Total votes | Total votes | Total votes | 47,519 | 100% |
| | Republican hold | Republican hold | Republican hold | Republican hold |

### 2002

North Carolina House of Representatives 40th district general election, 2002 :
| Party | Party | Candidate | Votes | % |
| | Republican | Rick Eddins (incumbent) | 18,194 | 85.10% |
| | Libertarian | Scott Quint | 3,186 | 14.90% |
| Total votes | Total votes | Total votes | 21,380 | 100% |
| | Republican hold | Republican hold | Republican hold | Republican hold |

### 2000

North Carolina House of Representatives 40th district Republican primary election, 2000 :
| Party | Party | Candidate | Votes | % |
| | Republican | William Hiatt (incumbent) | 5,951 | 30.41% |
| | Republican | Gene Wilson (incumbent) | 5,317 | 27.17% |
| | Republican | Rex Baker (incumbent) | 4,798 | 24.52% |
| | Republican | John Brady | 1,928 | 9.85% |
| | Republican | Larry Joseph Wood II | 1,575 | 8.05% |
| Total votes | Total votes | Total votes | 19,569 | 100% |
North Carolina House of Representatives 40th district general election, 2000 :
| Party | Party | Candidate | Votes | % |
| | Republican | William Hiatt (incumbent) | 44,155 | 23.90% |
| | Republican | Gene Wilson (incumbent) | 42,337 | 22.92% |
| | Republican | Rex Baker (incumbent) | 42,110 | 22.79% |
| | Democratic | Bert Wood | 30,224 | 16.36% |
| | Democratic | Daniel Hense | 25,915 | 14.03% |
| Total votes | Total votes | Total votes | 184,741 | 100% |
| | Republican hold | Republican hold | Republican hold | Republican hold |
| | Republican hold | Republican hold | Republican hold | Republican hold |
| | Republican hold | Republican hold | Republican hold | Republican hold |