A bipartisan collection of lawmakers want to ask Arizona voters whether legislators should continue to be exempt from speeding tickets during legislative sessions.
The Arizona Constitution protects lawmakers from arrest or civil litigation, with some exceptions, while the Arizona Legislature in session — typically from January through May or June each year. The privilege, which can be traced back to the English Bill of Rights, is designed to prevent politically-motivated arrests intended to prevent lawmakers from reaching the Capitol to vote.
In practice, that legislative “privilege” has helped several lawmakers escape penalties for speeding.
In January, Sen. Mark Finchem (R-Prescott) invoked legislative immunity after he was cited for driving 48 mph in a 30 mph zone in his home district, hundreds of miles away from the state Capitol.
Former state Sen. Justine Wadsack (R-Tucson) tried a similar tactic during last year’s session to avoid a speeding ticket in Tucson, though local police ultimately charged her after the session ended, according to the Tucson Sentinel. And Sen. Jake Hoffman (R-Queen Creek) avoided a traffic ticket after he was stopped for going 89 mph in a 65 mph zone, though he denied he invoked legislative immunity.
Rep. Quang Nguyen (R-Prescott Valley) said he and his fellow lawmakers shouldn’t be above the law, whether the Legislature is in session or not.
Nguyen introduced House Concurrent Resolution 2053 shortly after Finchem, his seatmate, was ticketed in Prescott. The measure would exclude traffic violations from the legislative immunity allowed under the Constitution.
To defend the the proposal, he quoted former Sen. Scott Alexander, a Tucson Republican pulled over for drunk driving in 1973.
“He said that he would plead guilty to drunk driving and imprudent speed charges because [to] try to evade them would make a mockery of the law,” Nguyen said.
A bipartisan coalition of lawmakers passed HCR 2053 on a 37-20 vote on Tuesday.
“We are servants of the people. We shouldn't have any privileges, and we shouldn't have the right to violate the very laws that we say yes or no [to] in this Chamber,” Rep. Walter Blackman (R-Snowflake). “It's just not right.”
Not all lawmakers want to get rid of their privilege to speed — or commit other minor crimes — during session without fear of arrest.
Rep. Rachel Keshel (R-Tucson) invoked the original intent of the legislative privilege, which she said will prevent a future governor from weaponizing state police officers to prevent rival lawmakers from making it to the Capitol.
“I think we need to look at some of the potential unintended consequences that might be coming from a piece of legislation and not be rash and rush to make a decision on something like that,” she said.
Rep. Lupe Contreras (D-Avondale) acknowledged there are legitimate reasons a lawmaker might need to exceed the speed limit, pointing to the surprise 2013 vote to expand the state’s Medicaid system. He said was in his West Valley district at the time and had just dropped off his wife’s car for an oil change when was notified a vote would happen in 15 minutes.
“That's what the intent of this is for,” Contreras said.
But he said too many lawmakers are now taking advantage of that allowance.
“Not for us to be going home and on the weekends to be just speeding and doing whatever,” Contreras said. “It is for us to get back here and to do the people's work.”
HCR 2053 will now go before the state Senate. If it passes that chamber, the measure will go to the ballot in 2026, giving voters the final say as to whether lawmakers should still be able to get out of speeding tickets during session.
However, there is some question as to whether that privilege exists at all.
Democratic Gov. Katie Hobbs said an executive order first issued by Republican Gov. Doug Ducey that declares driving 20 mph over the speed limit is a “breach of the peace” is still in effect. According to the state Constitution, treason, felonies and “breach of the peace” are not covered by the legislative privilege exempting lawmakers from arrest.
