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North Carolina 26th Prosecutorial District Attorney election, 2022 (May 17 Democratic primary)

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2022 Mecklenburg County elections
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Election dates
Filing deadline: March 4, 2022
Primary election: May 17, 2022
General election: November 8, 2022
Election stats
Offices up: District attorney, sheriff, county commissioners, soil and water district board, clerk of superior court, district court judges, and superior court judges
Total seats up: 26
Election type: Partisan and nonpartisan
Other municipal elections
U.S. municipal elections, 2022

Incumbent Spencer Merriweather defeated Tim Emry in the May 17 Democratic primary for district attorney of North Carolina's 26th Prosecutorial District in Mecklenburg County.

No Republicans ran for the office.

Gov. Roy Cooper (D) appointed Merriweather as district attorney in November 2017 after his predecessor, Andrew Murray, was appointed U.S. Attorney for the Western District of North Carolina.[1][2] From 2007 to 2017, Merriweather was an assistant district attorney in Mecklenburg County.[3] Merriweather ran for a full term as district attorney in 2018, winning the Democratic primary 78%-22%, and was unopposed in the general election. Merriweather is the county's first Black district attorney.[4]

Merriweather said that under his leadership, the district attorney's office had "focused on the most serious and violent offenses" and that he had "implemented new strategies to confront violent crime ... creating special units that prioritize the prosecution of gun crimes, sexual assault, and intimate partner violence."[5] The Charlotte Observer's Michael Gordon wrote, "Asked what distinguishes him from Emry, Merriweather describes himself as a proven reformer who remains committed to the law, a safer community and building on what he describes as 'a career of experience serving victims.'"[6]

The Charlotte Post, which endorsed Merriweather, described him as a "thoughtful pragmatist who has balanced policy reforms and alternatives to prosecution with efforts to keep a growing urban community safe."[7] The Black Political Caucus of Charlotte-Mecklenburg also endorsed Merriweather.[8]

Emry, a criminal defense attorney, was a Mecklenburg County assistant public defender and worked for a criminal defense law firm before founding The Emry Law Firm in 2012.[9]

Emry said, "The number one pillar of our campaign is holding the police accountable when they break the law."[10] Emry said another priority would be to "immediately stop the mass incarceration policies of the current DA’s office and begin to pursue racial justice."[11] He also said he would "never seek the death penalty," saying, "Too often in this country, we have sentenced the wrong people to death. ... Well, my opponent supports the death penalty."[12]

Real Justice PAC, which says it "has been at the forefront of local elections, ushering in prosecutors who have promised to transform a criminal legal system that is racist, oppressive, and preys on the poor and marginalized," endorsed Emry.[13] The group's endorsement said, "Tim is running as a progressive challenge to the left of the incumbent. ... Merriweather, a moderate, has largely continued the same failed tough on crime policies that don’t increase public safety and lead to mass incarceration. Tim is running to bring genuine change to the criminal justice system in Mecklenburg and to end the failed status quo policies."[14]

Gordon wrote in April, "Emry is considered a significant longshot to unseat Merriweather ... Nonetheless, Emry’s campaign has been relentless in promising specific reforms and attempting to tie Merriweather to what Emry describes as a racist and destructive status quo."[6]

There are 43 prosecutorial districts in North Carolina.[15] The district attorney for the 26th Prosecutorial District has jurisdiction to prosecute non-federal crimes occurring in Mecklenburg County. The Mecklenburg County district attorney's office has the largest caseload in the state, prosecuting around 10,000 felonies and 200,000 misdemeanors or traffic violations per year.[16] Responsibilities of the district attorney include representing the state in criminal prosecutions, advising law enforcement, and overseeing assistant district attorneys, victim witness legal assistants, investigators, and other staff.[15]

Candidates and election results

See also: Municipal elections in Mecklenburg County, North Carolina (2022)

Candidates and results

Democratic primary election

Democratic primary for North Carolina 26th Prosecutorial District Attorney

Candidate
%
Votes
✔
Image of Spencer Merriweather
Spencer Merriweather
 
70.5
 
48,523
Image of Timothy Emry
Timothy Emry
 
29.5
 
20,323

Incumbents are bolded and underlined. The results have been certified. Source

Total votes: 68,846
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

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Additional elections on the ballot

See also: North Carolina elections, 2022

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May 17, 2022
July 26, 2022
November 8, 2022

Candidate comparison

Candidate profiles

This section includes candidate profiles that may be created in one of two ways: either the candidate completed Ballotpedia's Candidate Connection survey, or Ballotpedia staff may compile a profile based on campaign websites, advertisements, and public statements after identifying the candidate as noteworthy. For more on how we select candidates to include, click here.

Spencer Merriweather

Image of Spencer Merriweather

WebsiteFacebookXYouTube

Party: Democratic Party

Incumbent: Yes

Political Office: 

Biography:  Merriweather received a bachelor's degree from Princeton University and a law degree from the University of North Carolina–Chapel Hill. From 2007 to 2017, he was an assistant district attorney in the Mecklenburg County district attorney's office. Gov. Roy Cooper (D) appointed Merriweather as district attorney in November 2017.


Key Messages

The following key messages were curated by Ballotpedia staff. For more on how we identify key messages, click here.

Merriweather's campaign website said that under his leadership, the district attorney's office had "focused on the most serious and violent offenses in an effort to support victims, obtain justice, and create safer streets and communities" and that he had "implemented new strategies to confront violent crime ... creating special units that prioritize the prosecution of gun crimes, sexual assault, and intimate partner violence."

Merriweather's campaign website said he had "expanded alternatives to prosecution in Mecklenburg County which keeps more residents employed, housed, and safe" and had "championed the need for Family Justice Center in Mecklenburg County, leading to the implementation of Phase One of the project, the Survivor Resource Center, in partnership with non-profit service providers, victim advocates and local law enforcement." 

Merriweather's campaign website said he had been "recognized as a leader in justice reform efforts, actively engaging with statewide leaders, as the Governor’s Task Force on Racial Equity in the Criminal Justice System cited his office’s policies as best practices to be followed across North Carolina. This Task Force submitted their recommendations to the General Assembly, resulting in historic criminal justice reform legislation."

Show sources

Sources: Spencer Merriweather 2022 campaign website, "About Spencer," accessed May 4, 2022; District Attorney's Office, "About the DA," accessed May 4, 2022; Spencer Merriweather 2022 campaign website, "About Spencer," accessed May 4, 2022; LinkedIn, "Spencer Merriweather," accessed May 4, 2022

This information was current as of the candidate's run for North Carolina 26th Prosecutorial District Attorney in 2022.

Timothy Emry

Image of Timothy Emry

WebsiteFacebookXYouTube

Party: Democratic Party

Incumbent: No

Political Office: None

Biography:  Emry received a bachelor's degree from James Madison University and a law degree from the College of William and Mary's Marshall-Wythe School of Law. Emry was a Mecklenburg County assistant public defender and worked for a criminal defense law firm before founding The Emry Law Firm in 2012.


Key Messages

The following key messages were curated by Ballotpedia staff. For more on how we identify key messages, click here.

Emry's campaign website said, "As DA, I would create a unit of specialized prosecutors who would hold police officers accountable for brutality, misconduct, and other criminal activity." He said, "The number one pillar of our campaign is holding the police accountable when they break the law." 

Emry's campaign website said, "Mass incarceration has been an utter failure in this country and Charlotte. More punishment and harsher sentences do not reduce crime. We must immediately stop the mass incarceration policies of the current DA’s office and begin to pursue racial justice. The reality is that the foundation of our criminal punishment system is rooted in racism and white supremacy. That must change. The disparate prosecution of Black and brown people is a moral crisis that undermines the legitimacy of the entire justice system. As DA, I would pursue a system where outcomes are not predicated on race."

Emry's campaign website said, "The death penalty in America doesn’t work, convicts innocent people, is racist, and immoral. The government should not decide of who lives and dies. The government should not play God. It is a moral issue for me and I pledge to never seek the Death Penalty."

Show sources

Sources: Tim Emry 2022 campaign website, "Key Issues," accessed May 4, 2022; Tim Emry 2022 campaign website, "No Police Union Money," December 22, 2021; Tim Emry 2022 campaign website, "Meet Tim," accessed May 4, 2022

This information was current as of the candidate's run for North Carolina 26th Prosecutorial District Attorney in 2022.

Campaign advertisements

This section includes a selection of up to three campaign advertisements per candidate released in this race, as well as links to candidates' YouTube, Vimeo, and/or Facebook video pages. If you are aware of other links that should be included, please email us.

Democratic Party Spencer Merriweather

April 7, 2022
April 7, 2022
March 30, 2022

View more ads here:

Democratic Party Tim Emry

April 15, 2022
April 15, 2022
April 15, 2022

View more ads here:


Endorsements

If you know of an endorsement list published on a candidate's campaign website, please email us.

Election spending

Campaign finance

Candidates in this election submitted campaign finance reports to the North Carolina State Board of Elections. Click here to access those reports.

Satellite spending

See also: Satellite spending

Satellite spending describes political spending not controlled by candidates or their campaigns; that is, any political expenditures made by groups or individuals that are not directly affiliated with a candidate. This includes spending by political party committees, super PACs, trade associations, and 501(c)(4) nonprofit groups.[17][18][19]

If available, this section includes links to online resources tracking satellite spending in this election. To notify us of a resource to add, email us.

Election context

District history

2018

See also: Municipal elections in Mecklenburg County, North Carolina (2018)
General election

General election candidates

Democratic primary Democratic Party
☑ Spencer Merriweather (i)
☐ Toussaint Romain
Republican primary Republican Party

No candidate from this party filed to run.

About the county

Demographics

The following table displays demographic data provided by the United States Census Bureau.

Demographic Data for Mecklenburg County, North Carolina
Mecklenburg County North Carolina
Population 1,115,482 10,439,388
Land area (sq mi) 523 48,623
Race and ethnicity**
White 51.9% 67.6%
Black/African American 31.6% 21.4%
Asian 6.1% 3%
Native American 0.3% 1.2%
Pacific Islander 0% 0.1%
Other (single race) 6% 3.2%
Multiple 4% 3.6%
Hispanic/Latino 13.4% 9.5%
Education
High school graduation rate 90.5% 88.5%
College graduation rate 45.8% 32%
Income
Median household income $69,240 $56,642
Persons below poverty level 10.9% 14%
Source: population provided by U.S. Census Bureau, "Decennial Census" (2020). Other figures provided by U.S. Census Bureau, "American Community Survey" (5-year estimates 2015-2020).
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.


See also

Mecklenburg County, North Carolina North Carolina Municipal government Other local coverage
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External links

Footnotes

  1. ↑ District Attorney's Office, "About the DA," accessed May 4, 2022
  2. ↑ The Charlotte Observer, "A police boot to his ribs taught new DA a lesson in using power," November 27, 2017
  3. ↑ LinkedIn, "Spencer Merriweather," accessed May 4, 2022
  4. ↑ Charlotte Magazine, "Life Lessons: District Attorney Spencer Merriweather," October 24, 2018
  5. ↑ Spencer Merriweather 2022 campaign website, "About Spencer," accessed May 4, 2022
  6. ↑ 6.0 6.1 The Charlotte Observer, "In Meck district attorney race, Merriweather talks adjustments, Emry promises deconstruction," April 25, 2022
  7. ↑ The Charlotte Post, "Our endorsements for the 2022 municipal primary elections," April 27, 2022
  8. ↑ Facebook, "Spencer Merriweather Meck DA," accessed May 4, 2022
  9. ↑ Tim Emry 2022 campaign website, "Meet Tim," accessed May 4, 2022
  10. ↑ Tim Emry 2022 campaign website, "No Police Union Money," December 22, 2021
  11. ↑ Tim Emry 2022 campaign website, "Key Issues," accessed May 4, 2022
  12. ↑ YouTube, "Never Seek the Death Penalty," April 15, 2022
  13. ↑ Real Justice, "About Real Justice," accessed May 4, 2022
  14. ↑ Real Justice, "Tim Emry," accessed May 4, 2022
  15. ↑ 15.0 15.1 North Carolina Judicial Branch, "Court Officials," accessed May 4, 2022
  16. ↑ District Attorney's Office, "FAQs," accessed May 4, 2022
  17. ↑ OpenSecrets.org, "Outside Spending," accessed December 12, 2021
  18. ↑ OpenSecrets.org, "Total Outside Spending by Election Cycle, All Groups," accessed December 12, 2021
  19. ↑ National Review.com, "Why the Media Hate Super PACs," December 12, 2021
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