Arizona voters may soon decide on whether to remove a controversial provision that gives immunity from speeding tickets to state lawmakers under certain circumstances, The Washington Post reported on Monday.
This comes after three separate incidents in which GOP lawmakers, including failed former Secretary of State candidate and state Sen. Mark Finchem, instructed law enforcement to exempt them from speeding tickets while the legislature was in session. Finchem, in particular, wrote a letter to a police chief saying, “Perhaps the officer is unaware of the law in this regard.”
"By using the law in their favor, they have sparked debate about the fairness of a constitutionally enshrined justice system that protects those in power from the same type of immediate consequences their constituents face every day," said the report. "Their moves have been received by some members of their own party and Democrats as evidence they were acting with impunity. Supporters of the immunity provision say it ensures that those in power cannot use the law — even in the form of traffic violations — to target critics."
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Even some Republicans in the legislature see this as an unfair standard and want to end it, said the report: "Rep. Quang Nguyen has introduced a resolution that would let voters decide during the 2026 midterm election whether lawmakers should continue to be immune from traffic violations while they are in session. The resolution passed the House this month with bipartisan support, but its fate in the Senate is unclear."
Many states have laws limiting the circumstances under which lawmakers can be arrested while the legislature is in session, but Arizona takes it to an extreme, said the report: "In Arizona, legislators are free from arrest and questioning in all cases except for treason, felony and breach of the peace, starting 15 days before the legislature convenes and lasting throughout the session. In 2011, police said a Republican senator claimed immunity after a fight with his girlfriend; he disputed the allegation, according to press reports. He later pleaded no contest to a misdemeanor charge."
These questions have gained further scrutiny in light of President Donald Trump using various procedural tricks, and his status as either a current or a former president at various points, to get out of criminal jeopardy.
