The majority of state constitutions shield lawmakers from arrests, lawsuits and low-level infractions like traffic tickets during legislative sessions.

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.