Phil Rubin is the incumbent Democratic member of the North Carolina House of Representatives for District 40, covering parts of Wake County. He is on the ballot for re‑election in the November 3, 2026 general election, having advanced unopposed after the March 3, 2026 Democratic primary was cancelled 1.
Born Phillip Anthony Rubin on August 17, 1983, he earned a Bachelor of Arts magna cum laude from the University of Georgia and a Juris Doctor summa cum laude (along with an MA) from Duke University School of Law, where he served as editor‑in‑chief of the Duke Law Journal 714. After law school he clerked for Chief Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit 711. He then practiced at the Washington, D.C., firm Covington & Burling before joining the U.S. Department of Justice as an Assistant United States Attorney in the Eastern District of North Carolina, handling constitutional appeals and prosecuting gun‑violence, environmental, and child‑abuse cases 71116. Later he served as a Special Deputy Attorney General at the North Carolina Department of Justice, focusing on constitutional litigation and child‑safety matters 71418.
Rubin’s legal career also included a stint at Meta, where he worked on online‑safety initiatives 16. In January 2025 Governor Josh Stein appointed him to fill the vacancy created by the death of Rep. Joe John; the Wake County Democratic Executive Committee had recommended Rubin for the seat, and he was sworn in on January 29, 2025 31620.
During the 2025‑2026 legislative session Rubin has sponsored a range of bills, including HR 18 honoring the late Rep. Joe John, HB 20 supporting the Fair Maps Act, HB 31 proposing a state holiday for Election Day, and HB 174/175 advancing marriage‑equality legislation 5. He has also introduced measures on veterans’ cemeteries, Medicaid dental rates, military‑education promises, vehicle‑telematics restrictions, COLA for retirees, prostate‑cancer programs, and reforms to election law and gun safety 5.
Rubin’s stated priorities on his campaign website emphasize fully funding public schools and raising teacher pay, commonsense gun‑safety laws, economic policies that promote fair wages and affordable housing, and ending partisan gerrymandering to restore voter accountability 14. He describes himself as a former federal prosecutor and online‑safety expert who “fights for people who can’t afford to lose” 14.
Rubin resides in Raleigh with his wife, Katelyn Love, a former chief counsel to the North Carolina State Board of Elections, and their daughter 7. He is the brother of Jeopardy! Masters champion Victoria Groce 7.
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