Indiana Public Question 1, Bailable Offenses and Substantial Risk Standard Amendment (2026)

Indiana Public Question 1
Election date November 3, 2026
Topic Bail policy and Criminal trials
Status On the ballot
Type Legislatively referred constitutional amendment	Origin State legislature

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

A "yes" vote supports amending the Indiana Constitution to deny bail for individuals charged with crimes when: the proof of the charge is evident, or the presumption is strong; and the accused individual poses a substantial risk to any other person or the community.

A "no" vote opposes amending the Indiana Constitution to deny bail for individuals charged with crimes when: the proof of the charge is evident, or the presumption is strong; and the accused individual poses a substantial risk to any other person or the community.

Overview

How would Public Question 1 change the bail process in Indiana?

See also: Text of measure

Public Question 1 would allow courts to deny bail to defendants in cases where the proof is evident, or the presumption of guilt is strong; and the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.

Currently, Article 1, Section 17 of the Indiana Constitution only specifies that individuals charged with murder or treason are not bailable when the proof is evident, or the presumption of guilt is strong.

Who supports and opposes Public Question 1?

See also: Support and Opposition

In the Indiana State Senate, Public Question 1 passed 43-2, with two members absent and two not voting. In the Indiana House of Representatives, it was approved by a vote of 75-11, with 14 members not voting. Every Republican in both chambers voted in support of Public Question 1, while Democrats showed split support. In the Senate, eight Democrats voted to support the amendment, while two voted against it. In the House, 15 Democrats voted in support of the amendment, 11 voted against it, and four did not vote.

Speaking in support of Public Question 1, State Sen. Eric Koch (R-44) said, "This resolution moving forward is a great step toward ensuring our communities are protected from those who pose a threat." Additionally, State Rep. Chris Jeter (R-88) stated that, "This is a public safety amendment to the Indiana Constitution. Today... every criminal defendant is authorized to be released on bail, unless it is determined for treason, even if (they are) a substantial risk to the public. This amendment would change that to allow anyone who's deemed a public safety threat to be held indefinitely."

Speaking in opposition to Public Question 1, State Sen. Greg Taylor (D-33) said, "It's not based on the charge — it's based on the person, which makes this even more egregious. If you don't think there are some judges out here that may have bias in their community of certain people, then you haven't been to court in Indiana."

What other states have decided bail denial ballot measures?

See also: Bail denial on the ballot

Forty-one states have a right to bail explicitly included in the constitution.

Since 2023, three states have voted on four ballot measures related to bail policy. Of these measures, all four passed. Texas voted on the most recent measure, Proposition 3, which passed with 61% of the vote.

Bail policy ballot measures since 2023

Year	State	Official title	Summary	Status
2025	Texas	Proposition 3	Require judges or magistrates to deny bail to individuals accused of certain violent or sexual offenses that are punishable as a felony if it is demonstrated after a hearing through a preponderance of the evidence that the accused will likely not willfuly appear in court or by clear and convincing evidence that the accused is a danger to the community or victim	a
2024	Colorado	Amendment I	Remove the right to bail in cases of first-degree murder when the proof is evident, or the presumption is great	a
2023	Wisconsin	Question 1	Allow the state legislature to define what serious harm means in relation to the bail conditions that judges impose on accused persons released before their criminal trial, for the purpose of “[protecting] members of the community from serious harm"	a
2023	Wisconsin	Question 2	Authorize judges to consider the totality of the circumstances when imposing and setting cash bail for persons accused of violent crimes	a

Text of measure

Ballot title

The official ballot title is as follows:

“

Public Question #1 Currently, under the Constitution of the State of Indiana, a person charged with murder or treason is not entitled to be released on bail if the proof is evident or the presumption strong. Shall the Constitution of the State of Indiana be amended to provide that a person charged with an offense other than murder or treason is not entitled to bail if: (1) the proof is evident or the presumption strong; and (2) the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. (This question concerns Article 1, Section 17 of the Constitution of the State of Indiana.)

”

Constitutional changes

See also: Article 1, Section 17 of the Indiana Constitution

The measure would amend Section 17 of Article 1 of the Indiana Constitution. The following underlined text would be added.

Section 17. Offenses, other than murder or treason, shall be bailable by sufficient sureties, unless the accused poses a substantial risk to any other person or the community. Murder or treason shall not be bailable when the proof is evident, or the presumption strong. An offense other than murder or treason shall not be bailable if:
(1) the proof is evident or the presumption strong; and
(2) the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.

Support

Supporters

Officials

• State Sen. Eric Koch (R)
• State Rep. Chris Jeter (R)

Arguments

• State Sen. Erich Koch (R): "This resolution moving forward is a great step toward ensuring our communities are protected from those who pose a threat."
• State Rep. Chris Jeter (R): "This is a public safety amendment to the Indiana Constitution. Today... every criminal defendant is authorized to be released on bail, unless it is determined for treason, even if (they are) a substantial risk to the public. This amendment would change that to allow anyone who's deemed a public safety threat to be held indefinitely."

Opposition

Opponents

Officials

• State Sen. Greg Taylor (D)

Arguments

• State Sen. Greg Taylor (D): "It's not based on the charge — it's based on the person, which makes this even more egregious. If you don't think there are some judges out here that may have bias in their community of certain people, then you haven't been to court in Indiana."

Campaign finance

See also: Campaign finance requirements for Indiana ballot measures

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Other bail policy measures on the ballot

In November 2025, 61.1% of Texas voters approved a constitutional amendment concerning bail policy. The amendment requires judges or magistrates to deny bail to individuals accused of certain violent or sexual offenses that are punishable as a felony if it is demonstrated after a hearing through a preponderance of the evidence that the accused will likely not willfully appear in court or by clear and convincing evidence that the accused is a danger to the community or victim.

Before the amendment was approved, the only offenses for which a judge could deny bail in Texas were capital offenses or certain offenses committed while on pretrial release or probation. Under the amendment, bail can also be denied for the following offenses:

• murder;
• aggravated assault resulting in serious bodily injury to the victim or performed with a firearm, club, knife, or explosive;
• aggravated kidnapping, robbery, and sexual assault;
• indecency with a child; and
• human trafficking.

Alabama voters will decide a constitutional amendment concerning bail policy in May 2026. The amendment would expand the state's bail law by adding to the list of crimes for which bail can be denied. As of December 2025, bail can be denied in Alabama for murder, sexual torture, terrorism, aggravated child abuse, as well as kidnapping, rape, sodomy, domestic violence, human trafficking, burglary, arson, and robbery if in the first-degree. The amendment would permit bail to be denied for the following offenses as well:

• shooting or discharging a firearm, explosive, or other weapon into an occupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft; and
• solicitation, attempt, or conspiracy to commit murder.

Tennessee voters will decide a constitutional amendment concerning bail policy on November 3, 2026. The amendment would remove the right to bail in cases where the presumption of guilt is great, and the defendant is accused of the following offenses:

• acts of terrorism;
• second-degree murder;
• aggravated rape of a child;
• grave torture; and
• any other offense for which a convicted individual could not be released prior to the expiration of at least 85% of their sentence.

Bail denial on the ballot

See also: Bail policy ballot measures and Civil and criminal trial ballot measures

Beginning in 1995, nine states have granted judges the ability to deny a defendant bail, even if the defendant is not accused of a capital offense. In each state, voters approved a legislatively referred constitutional amendment that permitted the denial of bail.

States that have granted judges the ability to deny a defendant bail, even if the defendant is not accused of a capital offense

State	Date	Title	Outcome	Yes Vote	No Vote
Texas	2025	Proposition 3, Denial of Bail for Certain Violent or Sexual Offenses Punishable as a Felony Amendment	a	61.1%	38.9%
Alabama	2022	Amendment 1, Allow Denial of Bail for Offenses Enumerated by State Legislature Amendment	a	80.5%	19.5%
New Jersey	2014	Question 1, Pretrial Detention Amendment	a	61.8%	38.2%
Washington	2010	HJR 4220, Judge Bail Authority Amendment	a	84.6%	15.4%
Oregon	1999	Measure 71, Crime Victims' Rights and Pretrial Release Amendment	a	58.0%	42.0%
Pennsylvania	1998	Joint Resolution 1, Crimes Where Bail is Disallowed Amendment	a	72.9%	27.1%
Louisiana	1998	Amendment 6, Bail Denial Amendment	a	68.3%	31.7%
Ohio	1997	Bail Restrictions Constitutional Amendment	a	72.9%	27.1%
South Carolina	1996	Referendum 1	a	87.1%	12.9%

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:

• 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
	Yes	No	NV
Total	38	9	3
Total %	76.0%	18.0%	6.0%
Democratic (D)	0	9	1
Republican (R)	38	0	2

Indiana House of Representatives

Voted on April 6, 2023

Votes Required to Pass: 51
	Yes	No	NV
Total	70	19	11
Total %	70.0%	19.0%	11.0%
Democratic (D)	11	16	3
Republican (R)	59	3	8

Senate Joint Resolution 1 (2025-2026)

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

• 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
	Yes	No	NV
Total	43	2	4
Total %	87.7%	4.1%	8.2%
Democratic (D)	8	2	0
Republican (R)	35	0	4

Indiana House of Representatives

Voted on February 17, 2026

Votes Required to Pass: 51
	Yes	No	NV
Total	75	11	14
Total %	75%	11%	14%
Democratic (D)	15	11	4
Republican (R)	60	0	10

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

Poll times

In Indiana, polls are open from 6:00 a.m. to 6:00 p.m. local time on the date of an election. Anyone in line when the polls close must be allowed to vote.

Registration

Check your voter registration status here.

To register to vote in Indiana, an individual must be a U.S. citizen who has resided in the precinct in which the individual will be voting for at least 30 days preceding the next election. A person must also not currently be imprisoned after being convicted of a crime. The individual must be at least 18 years old by the day of the next general or municipal election. Proof of residence is required if a person is registering to vote for the first time. Registration can be completed online (if a person has a valid Indiana driver's license or state-issued ID), by mail, or in person. The deadline to register to vote is 29 days before the next election.

Prospective voters can register in person at the following locations:

“

1) Bureau of Motor Vehicles (“BMV”) license branch while applying for or renewing a driver’s license, permit, or identification card; 2) public assistance office while applying for services; 3) certain agencies serving persons with disabilities while applying for assistance; 4) law enforcement offices whenever a person is applying for a license to carry a handgun; 5) armed forces recruitment agencies; 6) county voter registration offices and the Indiana Election Division; and 7) unemployment compensation offices while applying for services

”

Automatic registration

See also: Automatic voter registration

Indiana does not practice automatic voter registration.

Online registration

See also: Online voter registration

Indiana has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Indiana does not allow same-day voter registration.

Residency requirements

Indiana law requires a voter to reside "in a precinct continuously before a general, municipal, or special election for at least thirty (30) days."

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Indiana does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Eight states — Alabama, Arizona, Kansas, Louisiana, New Hampshire, South Dakota, Utah, and Wyoming — have laws requiring individuals provide proof of citizenship at the time of voter registration, whether in effect or not. Two states, Georgia and Mississippi, require a person provide proof of citizenship if their citizenship status cannot be verified by other means. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Indiana Voter Portal allows residents to check their voter registration status online.

Voter ID requirements

Indiana requires voters to present photo identification at the polls. The following criteria for accepted photo ID was current as of March 2026.

“

Under Indiana Code 3-5-2.1-84, which defines "proof of identification", your photo ID must meet 4 criteria to be acceptable for voting purposes. It must: 1. Display your photo 2. Display your name, and the name must conform to your voter registration record. Conform does not mean identical ... 3. Display an expiration date and either be current or have expired sometime after the date of the last General Election (November 5, 2024) NOTE: An ID issued by the US Department of Defense, a branch of the uniformed services, the Merchant Marine, the U.S. Department of Veterans Affairs (or Veterans Administration), the Indiana National Guard, or a Native American Indian tribe or band recognized by the United States government is not required to have an expiration date, or may state that the document has an "Indefinite" expiration date. 4. Be issued by the State of Indiana or the U.S. government In most cases, an Indiana driver's license, Indiana photo ID card, Military ID, or U.S. Passport is sufficient.

”

To view Indiana state law pertaining to voter identification click here.

An ID issued by an educational institution may not be used as voter identification.

A voter can obtain a free Indiana identification card from the Indiana Bureau of Motor Vehicles.

See also

2026 ballot measures

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

• 2026 ballot measures
• Indiana 2026 ballot measures
• Indiana elections, 2026

Indiana ballot measures

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

• List of Indiana ballot measures
• Bail policy ballot measures
• Indiana State Legislature

Legislative process

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

• Legislatively referred constitutional amendment
• Indiana Constitution
• Amending state constitutions

External links

• Indiana Senate Joint Resolution 1 (2026)
• Full text of Public Question 1

Footnotes

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