Legislative Immunity Is A Privilege In Most States. A Speeding Ticket Could Change That In Arizona

When a police officer gave state Sen. Mark Finchem a speeding ticket, the Arizona Republican didn't need to worry about the consequences.

That's because the Arizona Constitution shields state lawmakers from any civil process and arrest for anything but treason, felony and breach of peace during legeslative sessions and the 15 days before. Legislative immunity exists in most states and allows lawmakers to brush aside lawsuits and low-level infractions like traffic tickets.

Legal experts say the privilege is a form of separation of powers. It originated centuries ago in the English Bill of Rights as monarchs tried to intimidate legislators and it's been invoked over the years in a variety of situations, not always with success.

In 2019, a politician in West Virginia invoked immunity after having a violent outburst . In 2022, a Wisconsin lawmaker argued he didn't have to comply with a subpoena ordering him to testify about a conversation he had with President Donald Trump about overturning the 2020 election . And last year, it shielded Kansas lawmakers who shared social media posts that falsely accused a man of being among those who opened fire at a rally celebrating the Kansas City Chiefs' Super Bowl victory .

In Arizona, the perk doesn't have unanimous support in the Legislature. Republican Rep. Quang Nguyen has introduced a resolution to end immunity for traffic violations. If passed, it would become a ballot measure for voters to decide in 2026.