PHOENIX — Arizona voters are a bit closer to being able to decide if state lawmakers should be able to keep the privileges they now have against getting cited when they are pulled over for traffic violations.
But not every legislator thinks that public vote should occur. In fact, a third of state representatives voted Tuesday against even giving voters a chance to weigh in.
That includes Rep. Rachel Keshel, R-Tucson, who insisted that eliminating what has been called “legislative immunity’’ could result in a governor — not necessarily the current one — sending out state police to stop lawmakers from reaching the Capitol to cast an important vote.
But there were enough supporters to get approval for to clear the House and send the measure to the Senate.
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Its future there, however, remains unclear.
It is now up to Senate President Warren Petersen to decide which committee should get to review the proposal.
That is critical because whoever chairs the panel that gets it could decide to bury it.
There also isn’t a requirement for the Gilbert Republican to assign it to a committee at all for a hearing. Petersen did not return messages seeking comment.
And even if it clears the Senate, voters would get the last word in 2026.
At the heart of the issue is a provision in the Arizona Constitution.
It says lawmakers “shall be privileged from arrests in all cases except treason, felony and breach of the peace’’ and not subject to being served with civil lawsuits during the period starting from 15 days ahead of the legislative session and running until lawmakers adjourn for the year.
What has brought it into focus recently are several incidents where lawmakers who were speeding escaped getting cited by police.
It started with then-Sen. Justine Wadsack. The Tucson Republican told Tucson police last year she could not be cited for speeding because of her immunity.
That, however, didn’t keep police from serving her with the citation after the end of the session. And she ended up getting the ticket dismissed by going to traffic school.
More recently, Republican Sen. Mark Finchem told a police officer in his new hometown of Prescott he could not be cited for speeding. Still unresolved is whether police will ticket him after the session is over.
And Republican Sen. Jake Hoffman was not ticketed for driving 24 miles over the speed limit on a highway after a trooper recognized him as a legislator. There is no evidence Hoffman claimed immunity; DPS has decided it won’t issue a new citation when the session ends.
Rep. Quang Nguyen wants to alter the constitutional provision to add “all traffic violations’’ to the list of offenses for which the privilege does not apply.
During the vote Tuesday, Keshel said she sees no reason for the change.
“Yes, there have been those who have abused this privilege,’’ the Tucson Republican acknowledged. But it would be wrong to make the debate about legislators who want to speed or break the law, she said.
Consider, Keshel told colleagues, someone like her driving to the Capitol from Tucson and there were someone in the governor’s office who did not share her political views.
“And they wanted to weaponize this against a member of the Legislature and stop us from being able to cast a very important vote on a very important piece of legislation?’’ she said. “They would be able to do that if we get rid of this.’’
That scenario drew a sharp response from Nguyen.
“When we say the governor would weaponize and use police officers to pull us over to make sure a bill cannot be voted on, you know how insulting that is to police officers?’’ said the Prescott Valley Republican.
“We’re saying to police officers that, ‘You’re part of the goons, you can be manipulated, you can be told to pull a legislator over and hold them,’ ‘’ he said.
And there’s something else.
“If you’re on your way to vote and you’re getting pulled over, you’re already late for a vote,’’ Nguyen said. And he said if someone should be worried about that, he should be the one, saying he travels 186 miles a day to the Capitol to get there in time to vote.
Rep. Walt Blackman said the issue is even more basic. He said that if lawmakers want to be considered leaders — and have the right to decide what is the law — they have to set the example.
“If we are to make law, no matter what the situation is, we should be able to follow that law,’’ Blackman said. Those laws, he said, include allowing police to stop and give tickets to motorists “because they are on their way to work, or wherever they are going.’’
“So are we better than the people who sent us here who follow the very laws that we make?’’ Blackman asked. “Or are we setting a different standard because we are lawmakers which, to my opinion, doesn’t make us special.
Rep. Lauren Hendrix, however, said those supporting the change are being swayed because it is being touted as eliminating “legislative immunity.’’ But the Gilbert Republican said there is no such phrase in the Arizona Constitution.
“It’s because we’re not immune from anything,’’ he told colleagues. “We’re given privilege from arrest and detainer, which means if you’re stopped, they cannot arrest you, they cannot hold you, they cannot prevent you from going about your business.’’
Hendrix called it a form of protection — and not, he said, for lawmakers.
“It’s protecting the voter that elected you,’’ he said. “The voter elected you to be able to be able to be here and do your job and do your vote.’’
Hendrix also said he takes no comfort in assurances that police and prosecutors are inherently honest.
“One side of the (political) aisle might ask Donald Trump how he feels about that, that all prosecutors are honest, that all law enforcement are honest,’’ he said. And Hendrix said if some people believe that Trump deserved to be prosecuted on various felonies, he has a different example.
“How about Hunter Biden?’’ he said, the son of the former president who was convicted of tax and weapons charges before his father pardoned him saying he was being singled out because of who he is. “Why don’t you ask Hunter Biden how he feels about it?’’
Rep. Kevin Volk said he understands the original intent behind the constitutional provision. But the Tucson Democrat said what he hears from Arizonans is “a frustration with what they feel like is elected officials leading increasingly different and separate lives from themselves as citizens.’’