What this office does
The prosecuting attorney is the elected lawyer who brings criminal cases on behalf of the State of Indiana, conducting all prosecutions for felonies, misdemeanors and infractions within the prosecutor's jurisdiction [1]. A prosecutor is elected in each judicial circuit rather than by county, and Indiana has 91 prosecuting attorneys [2, 3]. Candidates must be admitted to practice law in Indiana before the election [4]. Since July 2025, a state prosecutor review board can investigate complaints that a prosecutor is not following state law [5, 6].
The job in full — the duties the Indiana Code puts in it, the term, what it pays and who sets that, and what to ask a candidate.
- Term
- 4 years; prosecutors are elected in 2026, 2030, 2034 and every four years after that [2]
- Elected
- One prosecutor per judicial circuit, on the partisan November ballot; Democratic and Republican nominees are chosen in the May primary, while the Libertarian Party nominates prosecutor candidates at its state convention [2, 4]
- Term limit
- None; the office has a four-year term with no term limitations [7]
- Qualifications
- Must be admitted to the practice of law in Indiana before the election, be registered to vote in the election district by the candidate filing deadline, and file a statement of economic interest with the courts [4]
- Pay
- The state pays the minimum salary: for a full-time prosecutor, equal to the minimum salary of the circuit court judge in the same circuit, and 60% (66% in certain circuits) of that amount for other prosecutors [8]
- On the 2026 ballot
- 91 races; 11 contested [9]
What the law puts in this job (12)
- Conducts all prosecutions for felonies, misdemeanors and infractions within the prosecutor's jurisdiction, and performs other duties required by law [1].
- Represents the state in criminal cases, conducts criminal investigations, and convenes and oversees grand juries [7].
- Handles juvenile cases and prosecutes traffic and infraction violations [7].
- Enforces child support orders entered in divorce and paternity cases; the Indiana Prosecuting Attorneys Council runs a statewide child support services program to support this work [7, 3].
- Gives information and help to crime victims [7], and must notify the victim when the prosecutor withholds prosecution under a diversion agreement [10].
- May withhold prosecution of a misdemeanor, Level 6 felony or Level 5 felony if the person agrees in writing to a pretrial diversion program, with conditions such as treatment, restitution, fees or staying away from the victim; the program is not available for certain drunk-driving charges [10].
- Superintends lawsuits in which the county or certain trust funds have an interest [1].
- Appoints a chief deputy and other deputy prosecutors; the state pays set salaries for certain deputies, and the county council appropriates money each year for other deputies, investigators, clerical staff and office expenses [11].
- Works with the county sheriff, a separately elected officer who arrests suspects and runs the county jail, and with local police agencies [12, 13].
- Receives training, manuals and legal research support from the Indiana Prosecuting Attorneys Council, a state judicial branch agency governed by a board of 10 elected prosecutors [3].
- Since July 2025, can be the subject of a complaint to the state prosecutor review board, a board of five prosecuting attorneys that investigates whether a prosecutor is complying with state law and issues a report [6, 5].
- What the prosecutor does not control: judges decide whether a defendant is released on bail [14]; the county council appropriates the county's share of the office budget [11]; and the state sets the prosecutor's minimum salary [8].
Perry County's numbers for this office
Legal Insights county office research (Oct. 13, 2026): Indiana Gateway budgets 2019-2026 and the indicator sources linked on each line.
Budgeted separately, not included above: IV-D child support and victim assistance (depts 0660, 0290), $112,516.
Measured, for this county
A position compares this county with counties of similar size. It is not a grade: for most measures a higher or lower number is neither good nor bad on its own.
Trial-court workload per judicial officer · 2025
0.72
Weighted caseload: judicial need divided by judicial officers. Above 1.00 means more work than officers to handle it.
How much this is the officeholder's to decide: low: measures the trial courts' workload; the prosecutor's filings are one input
Position 14 of 30 counties with under 25,000 residents that have this figure (1 = highest value)
source
Share of people in jail awaiting trial · 2019
74.0%
People held before trial as a share of the jail population.
How much this is the officeholder's to decide: low to partial: pretrial detention is decided by courts (bail) and prosecutors (charging); the county funds pretrial services
Position 16 of 29 counties with under 25,000 residents that have this figure (1 = highest value)
source · source
About this race
- Perry County forms Indiana's 70th Judicial Circuit [9].
- Incumbent Samantha Hurst was unopposed in the May 5, 2026 Republican primary with 567 votes [22]. No Democrat appeared on the primary ballot [22].
- Democrat Samuel Starks is on the general-election list with a filing date of June 9, 2026, after the primary [27], consistent with a party filling a ballot vacancy; the method was not confirmed in sources reviewed.
- The Perry County News hosted a candidate forum with Democratic and Republican candidates on Oct. 5, 2026 in Cannelton [28]; what the prosecutor candidates said there could not be confirmed from freely available sources.
Candidates on the ballot
SH
Samantha Hurst
RepublicanIncumbent
Incumbent Perry County prosecutor since January 2023, seeking a second term [20, 29].
Hurst's background
- Perry County Prosecuting Attorney; elected November 2022 [20].
- Graduated from the University of Southern Indiana in 2014 and the Indiana University Maurer School of Law in 2017 [20].
Hurst's positions
Drugs & treatment
- Briefed the county commissioners in July 2026 on the Perry County Drug Court's funding situation alongside Judge Lucy Goffinet [26].
Transparency
- Has written bylined newspaper articles about individual criminal cases handled by her office [23, 24, 25].
Hurst on the current officeholder
- Is the current officeholder. No statements about her opponent found in sources reviewed.
How Hurst got on the ballot
- Filed for the Republican nomination Jan. 23, 2026 [30]; unopposed in the May 5, 2026 primary with 567 votes [22].
What we could not find about Hurst
- Her campaign Facebook page could not be reviewed for this profile.
- Local coverage of the Oct. 5, 2026 forum (Perry County News) could not be reviewed for this profile.
- Office caseload, staffing and budget figures not found.
- Campaign finance totals not reviewed.
- No published 2026 platform found in freely available sources.
- No endorsements or campaign finance reports found.
Hurst's campaign website
Democratic nominee added to the ballot after the primary; little public information about him was found [27].
How Starks got on the ballot
- Did not appear on the May 5, 2026 primary ballot [22]; listed as the Democratic candidate with a June 9, 2026 filing date [27].
What we could not find about Starks
- Coverage is very thin: no campaign website, social media page, news profile or questionnaire was found.
- Occupation and whether he is a licensed Indiana attorney (required for the office) were not confirmed.
- How he was nominated (likely a Democratic Party caucus or vacancy filing) not confirmed.
- His statements at the Oct. 5, 2026 Perry County News forum, if he took part, could not be confirmed from freely available sources.
- Other people named Sam or Samuel Starks appear in online records; none were confirmed to be this candidate.
- No background information (occupation, legal experience, education) was found in sources reviewed.
- No published platform found.
- No statements about Hurst's record found in sources reviewed.
- No endorsements or campaign finance reports found.
Key points
- Perry County forms Indiana's 70th Judicial Circuit. (Indiana Election Division)
- The Perry County News hosted a candidate forum with Democratic and Republican candidates on Oct. 5, 2026 in Cannelton; what the prosecutor candidates said there could not be confirmed from freely available sources. (Perry County News)
Sources
Researched Sunday, October 11, 2026
- Indiana Code 33-39-1-5: Duties of prosecuting attorneys (FindLaw (Indiana Code, current as of 2026-01-01))
- Indiana Code 3-10-2-12: Election of prosecuting attorneys (FindLaw (Indiana Code, current as of 2026-01-01))
- Indiana Prosecuting Attorneys Council (Indiana Prosecuting Attorneys Council)
- 2026 Indiana Candidate Guide (Prosecuting Attorney) (Indiana Election Division)
- Prosecutors (H.E.A. 1006, P.L. 147-2025) (Indiana Legislative Update, Indiana Office of Court Services)
- How a new Indiana law about 'noncompliant prosecutors' could affect Indy (Mirror Indy)
- Prosecutor's Office (Clark County, Indiana)
- Indiana Code 33-39-6-5: Prosecuting attorney salaries (FindLaw (Indiana Code, current as of 2026-01-01))
- 2026 General Election Candidate List (Indiana Election Division)
- Indiana Code 33-39-1-8: Pretrial diversion (FindLaw (Indiana Code, current as of 2026-01-01))
- Indiana Code 33-39-6-2: Deputy prosecuting attorneys (FindLaw (Indiana Code, current as of 2026-01-01))
- Indiana Code 36-2-13-5: Duties of sheriff (FindLaw (Indiana Code, current as of 2026-01-01))
- 2026 ISA President Statement (Jeffrey A. Balon, Porter County Sheriff) (Indiana Sheriffs' Association)
- Amendment to deny bail to some offenders moves closer to November ballot (WFYI (via Indiana Public Media))
- Perry County Prosecutor - Samantha Hurst (Indiana Prosecuting Attorneys Council)
- 2026 Primary Election Results (certified): Prosecuting Attorney (Indiana Election Division)
- The Tonya Commer case discussed (Perry County News)
- James "Jim" Horner charges explained (Perry County News)
- Tell City family receives justice (Perry County News)
- Commissioners pledge support for Perry County Drug Court (Perry County News)
- Candidate List - Abbreviated (2026 General Election) (Indiana Election Division)
- Perry County News hosting Political Forum on Monday in Cannelton (Perry County News)
- Samantha Hurst (BallotReady)
- 2026 Primary Candidate List (Indiana Election Division)
- What's included
- the U.S. House, statewide offices, every Indiana House and Senate district on the ballot, Indiana's statewide public questions and judicial retention questions, and county, township, city, town and school board races from the Indiana Election Division's candidate list.
- Everything else
- Local races (county, city, school board, judges) and anything else on your ballot are on your official sample ballot: IndianaVoters.in.gov.
- Candidate lists
- As of Sunday, October 18, 2026.
- At the polls
- Indiana law lets you bring a list of candidates and public questions into the polling place, including one stored on your phone, as long as you don't electioneer. IC 3-11-8-18.5
This is not an official ballot. Confirm your registration, polling place and ballot with your election office through vote.gov.