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Indiana Bailable Offenses Amendment (2026)

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Indiana Bailable Offenses Amendment
Flag of Indiana.png
Election date
November 3, 2026
Topic
Civil and criminal trials
Status
Proposed
Type
Constitutional amendment
Origin
State legislature

The Indiana Bailable Offenses Amendment may appear on the ballot in Indiana as a legislatively referred constitutional amendment on November 3, 2026.[1]

The amendment would provide that offenses, other than murder or treason, are bailable "unless the accused poses a substantial risk to any other person or the community" if the presumption is strong and the state proves that no condition of release will protect the community.[1]

Text of measure

The full text of the measure is available here.

Path to the ballot

See also: Amending the Indiana Constitution

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Indiana State Senate and the Indiana House of Representatives in two successive legislative sessions with a general election between them. The measure was passed by the legislature during the 2023 legislative session. To appear on the ballot in 2026, the legislative sessions of 2025 or 2026 must also pass the measure.

2023-2024 legislative session

The constitutional amendment was introduced as Senate Joint Resolution 1 on January 9, 2023. It was passed in the Senate on January 26, 2023, in a vote of 34-15. The House passed an amended version of the measure on April 6, 2023, in a vote of 70-19. The Senate concurred with the House's amendments on April 13, 2023, in a vote of 38-9.[1]

Vote in the Indiana House of Representatives
April 6, 2023
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  Approveda
YesNoNot voting
Total701911
Total percent70.00%19.00%11.00%
Democrat11163
Republican5938

Vote in the Indiana State Senate
April 13, 2023
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 26  Approveda
YesNoNot voting
Total3893
Total percent76.00%18.00%6.00%
Democrat091
Republican3802

See also

  • Ballot measure lawsuits
  • Ballot measure readability
  • Ballot measure polls

External links

Footnotes