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Ballot Explained

County office

What does a district attorney do?

The elected prosecutor who decides which criminal charges are filed in your area.

Level
County
Term
4 years in most states
On ballot
Nov 3, 2026

What this office controls

  • Decides whether to charge a case, what to charge, and whether to drop it.
  • Negotiates plea agreements, which resolve the large majority of criminal cases.
  • Sets office-wide charging policy — for example on low-level drug offenses or cash bail requests.
  • Directs which cases go to a grand jury.

What it can’t do

Just as important, and the source of most misplaced expectations about the job:

  • Cannot make an arrest — that is law enforcement.
  • Cannot impose a sentence — a judge does, within ranges the legislature sets.
  • Cannot change the criminal code.

Why this race matters

Prosecutorial discretion is the single largest driver of who ends up in the criminal justice system. A district attorney's charging policy affects far more people than most legislation, and these races are frequently uncontested.

What to look for in a candidate

  • Trial and prosecutorial experience.
  • Stated charging priorities and diversion programs.
  • Case backlog and conviction data, where published.
  • Record on police accountability cases.
  • Transparency practices of the office.

Is this office on your ballot?

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Sources

1 source

What this office does is set by state and local law, which varies. These sources document the general structure; your state's own statutes govern.

  1. T2
    Census of Governments

    U.S. Census Bureau · Government record

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