Legislative immunity is a special privilege given to lawmakers in many states. It protects them from certain legal actions, including traffic tickets, while they are in session.
This rule dates back centuries and was originally meant to prevent political intimidation. However, it has been used in controversial ways over the years.
Arizona Senator Avoids Speeding Ticket
Recently, Arizona state Sen. Mark Finchem was caught driving 48 mph in a 30 mph zone.
Instead of facing a fine like regular citizens, he requested that his citation be dismissed, citing legislative immunity. His request was granted, and the ticket was removed from the record.
Calls to End the Privilege
Not everyone in the Arizona Legislature agrees with this special protection. Republican Rep. Quang Nguyen is pushing for a change.
He introduced a proposal that would remove immunity for traffic violations. If approved, Arizona voters would have the final say in 2026.
Nguyen believes lawmakers should follow the same traffic laws as everyone else. “The people we serve must obey the rules, and so should we,” he said.
Other Controversial Cases
Legislative immunity has been used in many situations, sometimes in ways that upset the public. In 2019, a West Virginia lawmaker invoked it after a violent outburst.
In 2022, a Wisconsin politician used it to avoid testifying about discussions on overturning the 2020 election.
More recently, Kansas lawmakers avoided consequences for false social media posts that accused someone of a crime.
How Legislative Immunity Works?
Most states, including Arizona, have laws that shield lawmakers from lawsuits and arrests while they are in session. This protection extends to minor infractions like traffic tickets.
However, the rules vary by state. In New Mexico, for example, immunity only applies when lawmakers are commuting to and from the legislature. Arizona’s law does not have location limits, making it more lenient.
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Past Efforts to End Immunity Have Failed
This is not the first time Arizona has tried to change legislative immunity. Former Republican Gov. Doug Ducey supported a repeal in 2019, but lawmakers did not act on it.
In 2012, Democrat Steve Gallardo also introduced a bill to remove immunity, but it failed.
Gallardo now serves on the Maricopa County Board of Supervisors. He believes the privilege is outdated.
“Legislative immunity made sense when Arizona was a young state, but today it’s unnecessary,” he said. “Lawmakers should not be above the law.”
Will Arizona End Legislative Immunity?
While lawmakers have resisted change in the past, Nguyen’s proposal has gained public attention. If it passes, voters will decide whether to end the privilege in 2026.
The debate over legislative immunity continues, and many citizens are watching closely to see if Arizona politicians will hold themselves to the same standards as the public.
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