Indiana Bailable Offenses and Substantial Risk Standard Amendment (2026)

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Indiana Bailable Offenses and Substantial Risk Standard Amendment

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Election date

November 3, 2026

Topic
Bail policy and Criminal trials
Status

On the ballot

Type
Legislatively referred constitutional amendment
Origin

State legislature



The Indiana Bailable Offenses and Substantial Risk Standard Amendment is on the ballot in Indiana as a legislatively referred constitutional amendment on November 3, 2026.[1]

A "yes" vote supports amending the Indiana Constitution to 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.

A "no" vote opposes amending the Indiana Constitution to 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.


Text of measure

The full text of the measure is available here.

Path to the ballot

Amending the Indiana Constitution

See also: Amending the Indiana Constitution

A simple majority vote is required during two successive legislative sessions for the Indiana State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Indiana House of Representatives and 26 votes in the Indiana State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Senate Joint Resolution 1 (2023-2024)

The following is the timeline of the constitutional amendment in the state legislature:[2]

  • January 9, 2023: The constitutional amendment was introduced as Senate Joint Resolution 1 (SJR 1).
  • April 6, 2023: The Indiana House of Representatives voted 70-19 to pass an amended version of the constitutional amendment.
  • April 13, 2023: The Indiana State Senate voted 38-9 to pass the amended version of the constitutional amendment.


Indiana State Senate
Voted on April 13, 2023
Votes Required to Pass: 26
YesNoNV
Total3893
Total %76.0%18.0%6.0%
Democratic (D)091
Republican (R)3802
Indiana House of Representatives
Voted on April 6, 2023
Votes Required to Pass: 51
YesNoNV
Total701911
Total %70.0%19.0%11.0%
Democratic (D)11163
Republican (R)5938

Senate Joint Resolution 1 (2025-2026)

The following is the timeline of the constitutional amendment in the state legislature:[3]

  • December 9, 2025: The constitutional amendment was introduced as Senate Joint Resolution 1 (SJR 1).
  • January 22, 2026: The Indiana State Senate voted 43-2, with two members absent and two members not voting, to pass the constitutional amendment.
  • February 17, 2026: The Indiana House of Representatives voted 75-11, with 14 members not voting, to pass the constitutional amendment.


Partisan Direction Index = 36.1% (Lean Republican)
Democratic Support
63.9%
Republican Support
100.0%
How does this vote compare to other legislative ballot measures in 2026?
Learn more about the ballot measures PDI →
Indiana State Senate
Voted on January 22, 2026
Votes Required to Pass: 26
YesNoNV
Total4324
Total %87.7%4.1%8.2%
Democratic (D)820
Republican (R)3504
Indiana House of Representatives
Voted on February 17, 2026
Votes Required to Pass: 51
YesNoNV
Total751114
Total %75%11%14%
Democratic (D)15114
Republican (R)60010

How to cast a vote

See also: Voting in Indiana

See below to learn more about current voter registration rules, identification requirements, and poll times in Indiana.

How to vote in Indiana


See also

2026 ballot measures

View other measures certified for the 2026 ballot across the U.S. and in Indiana.

Indiana ballot measures

Explore Indiana's ballot measure history, including constitutional amendments.

Legislative process

Understand how measures are placed on the ballot and the rules that apply.

External links

Footnotes

  1. Indiana General Assembly, "Senate Joint Resolution 1 (2023)," accessed April 12, 2023
  2. Indiana General Assembly, "Senate Joint Resolution 1," accessed January 26, 2026
  3. Indiana General Assembly, "Senate Joint Resolution 1," accessed January 26, 2026
  4. Indiana Secretary of State, "2026 Indiana Election Calendar", accessed December 5, 2025
  5. Indiana Disibility Rights, "Voting FAQs," accessed December 5, 2025
  6. 6.0 6.1 Indiana Election Division, "Indiana Voter Registration Application," accessed December 5, 2025
  7. Secretary of State, "Voter Registration," accessed December 5, 2025
  8. 8.0 8.1 Secretary of State, "2026 Indiana Voter Registration Guidebook," accessed December 5, 2025
  9. 9.0 9.1 9.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  10. National Conference of State Legislatures, "Automatic Voter Registration," July 21, 2025
  11. National Conference of State Legislatures, "Same-Day Voter Registration," accessed December 5, 2025
  12. Indiana General Assembly, "Ind. Code § 3-7-13-1," accessed December 5, 2025
  13. 13.0 13.1 Indiana General Assembly, "Ind. Code § 3-7-38.2-7.3," accessed December 5, 2025
  14. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  15. Indiana Secretary of State, "Photo ID Law," accessed December 5, 2025
  16. 16.0 16.1 Indiana General Assembly, "2025 Session, Senate Bill 10," accessed December 5, 2025
  17. Indiana Secretary of State, "Obtaining a Photo ID," accessed December 5, 2025