Three candidates– Courtney Booth, Katie Kurdys, and Martin Moore – are running in the Democratic primary for North Carolina’s 40th Prosecutorial District Attorney, also known as the Buncombe County District Attorney, on March 3. No Republican candidates are running. This means the winner of the primary will succeed incumbent Todd Williams (D), who is not seeking re-election.

Among the key issues in this race is how the Democratic candidates will respond to recently passed, Republican-sponsored state laws and federal immigration policies. According to Bolts Magazines’ Piper French, “Few areas of North Carolina are as liberal, and these candidates are each trying to meet the electorate where it is, denouncing the federal government’s immigration crackdowns and promising to make the court system more fair.”

Both chambers of the Legislature and Gov. Josh Stein (D) signed HB 307, also known as Iryna’s Law, in 2025 after the killing of Iryna Zarutska on Aug. 22 on a train in Charlotte.  According to UNC public law and government professor Brittany Bromell, “The legislation makes a number of changes to proceedings involving pretrial release; adds a new aggravating sentencing factor; alters the way magistrates may be disciplined; and expands the permissible methods of execution, among other things.”

All three candidates completed Ballotpedia’s Candidate Connection Survey. In their responses, the candidates mentioned various topics, including Iryna’s Law, local jail population, and due process. 

Here’s a background on each candidate and what they wrote. (Only a portion of each candidate’s survey response is shown below. Click here, here, and here to read their full responses.)

Booth has been a public defender in Buncombe County for 20 years. She also ran for District Attorney in 2022. In that year’s Democratic primary, she placed second of four candidates, with Williams defeating her by 101 votes. No Republican ran for the office in that year, either.  Booth said the three key messages of her campaign include:

• “Mass incarceration and arresting our unhoused neighbors does not make us safer! Using our limited resources wisely and addressing criminogenic risk factors, such as mental illness and substance abuse actually does keep us safe!”
• “Keeping all neighbors safe from Federal Agents is unfortunately becoming a required duty of elected DAS around the country. I vow to uphold State law and prosecute anyone to include Federal Agents if they break our laws.”
• “Working swiftly to honor Due Process in light of House Bill 307, a law that was poorly written and passed without full consideration of how its passage was going to cripple local county jails.”

Kurdys is a senior assistant district attorney in Buncombe County. She said her key messages were:

• “If elected DA, I will ensure that all ADAs and staff are trained in trauma-informed prosecution, ensuring outcomes that honor victims and strive to reduce recidivism."
• “I am committed to continuing and expanding my work in collaborative crime prevention and reduction. I began my career prosecuting DV as an ADA in Durham County… Here in Buncombe, I currently serve on multiple coalitions and commissions dedicated to reducing youth gun violence.”
• "I believe two areas where Buncombe County is ready to innovate is in creating a mental health treatment court, and increased investment in re-entry programs." 

Moore is an attorney and current Buncombe County Commissioner. He said his key messages were:

• "Fairness: Work to ensure Due Process for everyone in our community."
• "Accountability: Prioritize prosecuting gun crimes, domestic violence, and serious threats to public safety."
• "Justice: Provide active leadership in and support for treatment courts and diversion programs. Address racial disparities within the court system and work to earn trust with community partners."

Article IV, Section 18 of the North Carolina Constititution lays out the duties of the state’s District Attorneys: “The District Attorney shall advise the officers of justice in his district, be responsible for the prosecution on behalf of the State of all criminal actions in the Superior Courts of his district, perform such duties related to appeals therefrom as the Attorney General may require, and perform such other duties as the General Assembly may prescribe.”

Buncombe County is located in western North Carolina. Its county seat is Asheville, North Carolina. According to the county’s official 2024 election results, Kamala Harris (D) earned 61.5% of the county’s vote to Donald Trump’s (R) 36.8% in the 2024 presidential election.