LD27 Primary Pits Kern Against Payne Over State Surveillance

Few legislative primaries this cycle feature two Republicans with the name recognition and experience of Legislative District 27’s Senate contest between incumbent Sen. Kevin Payne and former Sen. Anthony Kern. While both candidates campaign as conservatives who support border security, public safety, and limited government, one issue illustrates a clear philosophical divide: government surveillance and the use of Automated License Plate Readers (ALPRs), commonly known through systems such as Flock Safety.

The issue became one of the most controversial debates of the 2026 legislative session after Payne sponsored legislation establishing a regulatory framework for ALPR technology. Supporters argued that the technology helps law enforcement solve crimes and locate stolen vehicles. Critics warned that it expands government surveillance and creates databases that track the movements of law-abiding citizens.

During the legislative debate over Senate Bill SB1111, Payne argued that the bill was necessary because ALPR technology was already deployed across Arizona with little, if any, statewide oversight. He argued that the bill would create the state’s first uniform rules governing how the data could be collected, accessed, shared, and retained.

“Arizonans shouldn’t have to choose between their privacy and their security,” Payne said. “This bill proves we can do both — defend individual freedom and back the men and women who put their lives on the line every day.”

Payne also described the measure as one that “draws a clear line,” protecting innocent Arizonans from government overreach while preserving what he views as an important crime-fighting tool for law enforcement. Supporters echoed Payne’s argument that the bill imposes guardrails on an existing technology, while critics contend that the legislation legitimizes and expands a system of government surveillance.

Payne’s bill ultimately failed, leaving Arizona without a statewide regulatory framework governing automated license plate readers.

In an interview with The Arizona Globe, Kern drew a sharp contrast between his position and Payne’s.

“My opponent is for big government and I am not,” Kern said. “As Republicans, we say that we are for less government. We do not like government surveillance. We should be for limiting the size of Big Brother government.”

Kern argued that license plate reader systems collect information on ordinary citizens who are not suspected of any crime and questioned whether Republicans should support expanding government monitoring capabilities.

“If anyone does a Freedom of Information Act request with their name, I can guarantee you that Phoenix Police Department and the city government have a ton of information because they gather that information on you every time you drive past a Flock camera,” Kern said.

The former lawmaker tied his opposition to broader concerns about government overreach, referencing the Patriot Act and subsequent federal surveillance programs.

“I’ve had the FBI at my door. I’ve had the DOJ at my front door on my personal property,” Kern said. “I know what it’s is like because of the Patriot Act. Under a Republican president, out of fear, we allowed the Patriot Act to go forward. Guess what happened? The government used that against the citizens of America.”

Kern emphasized that his opposition is not rooted in criticism of law enforcement.

“I’m a former law enforcement officer. I understand the police want it. I get it. It makes their job a little easier,” he said. “I support the police 100 percent, but I do not support giving anyone in government more surveillance power over the citizens of Arizona and the citizens of the United States.”

Kern acknowledged that organizations such as the Arizona Police Association support the technology but argued that protecting civil liberties must remain the priority.

“We want protection in our neighborhoods. We want protection from criminals and criminals crossing the southern border,” Kern said. “But we do not want further surveillance on law-abiding citizens.”

The debate over ALPR technology has become one of the more significant policy distinctions in the race. Payne has defended his legislation as a public safety tool with guardrails and oversight, while Kern views the issue as a fundamental question of privacy and government power.

As Republicans increasingly debate the balance between public safety, technology, and individual liberty, the LD27 Senate primary may offer voters a choice between two different visions of conservatism: one emphasizing law-enforcement tools and regulatory oversight, and another prioritizing privacy rights and limiting government surveillance powers.

For voters concerned about the future of Flock cameras and license plate reader technology in Arizona, the outcome of the LD27 race could help determine which vision ultimately prevails at the Capitol.

New campaign finance reports show that Payne raised $29,775 during the second quarter and finished the reporting period with $69,000.63 in cash on hand. Independent expenditure committees reported approximately $25,959 in spending benefiting Kern, including support from the Arizona Chamber’s Moving Arizona Forward PAC.

Kern reported no contributions during the second quarter and finished the reporting period with $37,739.26 cash on hand. Independent expenditure committees also reported approximately $20,193 in spending benefiting Payne, including expenditures from the Arizona Free Enterprise Club and Freedom Club PAC.