Bail policy ballot measures

Voters have decided on bail policy ballot measures across the U.S. As a state ballot measure topic, this includes measures regarding bail, such as bail types and conditions, for criminal defendants. The topic is grouped within the criminal justice and law enforcement policy area.

This page provides information on:

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• Comprehensive list of ballot measures by year and state

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Criminal justice and law enforcement policy

Criminal sentences and trials

Bail policy

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Upcoming ballot measures

See also: 2026 ballot measures and 2027 ballot measures

The following is a list of state ballot measures related to this topic that are certified or potential for this year and future elections:

2026

1. Alabama Allow Judges to Deny Bail for Certain Weapon Discharges and Solicitation, Attempt, or Conspiracy to Commit Murder Amendment (May 2026) - On the ballot
2. Indiana Bailable Offenses and Substantial Risk Standard Amendment (2026) - Potential
3. Oregon Changes to Pretrial Release for Persons Accused of Felonies and Class A Misdemeanors Initiative (2026) - Potential
4. Tennessee Remove Right to Bail for Certain Criminal Offenses Amendment (2026) - On the ballot

List of state ballot measures

Click the tabs to view state ballot measures related to this topic, organized by year or state.

Years

States

2026

1. Alabama Allow Judges to Deny Bail for Certain Weapon Discharges and Solicitation, Attempt, or Conspiracy to Commit Murder Amendment (May 2026) - On the ballot
2. Indiana Bailable Offenses and Substantial Risk Standard Amendment (2026) - Potential
3. Oregon Changes to Pretrial Release for Persons Accused of Felonies and Class A Misdemeanors Initiative (2026) - Potential
4. Tennessee Remove Right to Bail for Certain Criminal Offenses Amendment (2026) - On the ballot

2025

1. Texas Proposition 3, Denial of Bail for Certain Violent or Sexual Offenses Punishable as a Felony Amendment (2025)

2024

1. Colorado Amendment I, Remove Right to Bail in First Degree Murder Cases Amendment (2024)

2023

1. Wisconsin Question 1, Conditions of Release Before Conviction Amendment (April 2023)
2. Wisconsin Question 2, Conditions for Cash Bail Amendment (April 2023)

2020

1. California Proposition 25, Replace Cash Bail with Risk Assessments Referendum (2020)

2016

1. New Mexico Changes in Regulations Governing Bail, Constitutional Amendment 1 (2016)

2010

1. Washington Judge Bail Authority Amendment, HJR 4220 (2010)

2007

1. Texas Proposition 13, Denial of Bail Amendment (2007)

2005

1. Texas Proposition 4, Denial of Bail Amendment (2005)

2002

1. Arizona Proposition 103, Expansion of Non-Bailable Offenses Amendment (2002)

1999

1. Oregon Measure 71, Crime Victims' Rights and Pretrial Release Amendment (1999)

1996

1. South Carolina Referendum 1B, No Bail for Persons Charged with Violent Crimes (1996)

1988

1. New Mexico Ballot Proposal: Restriction of Bail for the Convicted (1988)
2. Oklahoma State Question 612, Denial of Bail Amendment (1988)
3. Utah Proposition 1, Allow Bail to Be Denied Persons Charged With a Serious Crime Amendment (1988)

1987

1. Mississippi Bail, Amendment 6 (1987)

1986

1. Illinois Bail Amendment (1986)

1984

1. Rhode Island Bail, Proposal 3 (1984)

1982

1. Arizona Proposition 101, Felony and Capital Offense Bail Restrictions Amendment (1982)
2. Florida Amendment 3, Pre-Trial Release Amendment (1982)
3. Illinois Denial of Bail for Offenses Punishable by Life Imprisonment Amendment (1982)

1981

1. Wisconsin Question 3, Conditions for Cash Bail Amendment (April 1981)

1980

1. Nevada Question 1, Expansion of Bail Denial Amendment (1980)
2. New Mexico Referendum: Limiting Bail in Certain Circumstances (1980)

1978

1. Michigan Proposal K, Denial of Bail Amendment (1978)
2. Nebraska Amendment 6, Add Sexual Assault as a Non-Bailable Offense Measure (1978)

1977

1. Texas Proposition 3, Bail Limitations Amendment (1977)

1972

1. Utah Proposition 2, Allow Denial of Bail for Certain Felony Cases Amendment (1972)

1970

1. Louisiana Bail Amendment (1970)

1968

1. Hawaii Regarding Bail, Amendment 5 (1968)
2. Louisiana Bail Amendment (1968)

Alabama

1. Alabama Allow Judges to Deny Bail for Certain Weapon Discharges and Solicitation, Attempt, or Conspiracy to Commit Murder Amendment (May 2026) - On the ballot

Arizona

1. Arizona Proposition 101, Felony and Capital Offense Bail Restrictions Amendment (1982)
2. Arizona Proposition 103, Expansion of Non-Bailable Offenses Amendment (2002)

California

1. California Proposition 25, Replace Cash Bail with Risk Assessments Referendum (2020)

Colorado

1. Colorado Amendment I, Remove Right to Bail in First Degree Murder Cases Amendment (2024)

Florida

1. Florida Amendment 3, Pre-Trial Release Amendment (1982)

Hawaii

1. Hawaii Regarding Bail, Amendment 5 (1968)

Illinois

1. Illinois Bail Amendment (1986)
2. Illinois Denial of Bail for Offenses Punishable by Life Imprisonment Amendment (1982)

Indiana

1. Indiana Bailable Offenses and Substantial Risk Standard Amendment (2026) - Potential

Louisiana

1. Louisiana Bail Amendment (1968)
2. Louisiana Bail Amendment (1970)

Michigan

1. Michigan Proposal K, Denial of Bail Amendment (1978)

Mississippi

1. Mississippi Bail, Amendment 6 (1987)

Nebraska

1. Nebraska Amendment 6, Add Sexual Assault as a Non-Bailable Offense Measure (1978)

Nevada

1. Nevada Question 1, Expansion of Bail Denial Amendment (1980)

New Mexico

1. New Mexico Ballot Proposal: Restriction of Bail for the Convicted (1988)
2. New Mexico Changes in Regulations Governing Bail, Constitutional Amendment 1 (2016)
3. New Mexico Referendum: Limiting Bail in Certain Circumstances (1980)

Oklahoma

1. Oklahoma State Question 612, Denial of Bail Amendment (1988)

Oregon

1. Oregon Changes to Pretrial Release for Persons Accused of Felonies and Class A Misdemeanors Initiative (2026) - Potential
2. Oregon Measure 71, Crime Victims' Rights and Pretrial Release Amendment (1999)

Rhode Island

1. Rhode Island Bail, Proposal 3 (1984)

South Carolina

1. South Carolina Referendum 1B, No Bail for Persons Charged with Violent Crimes (1996)

Tennessee

1. Tennessee Remove Right to Bail for Certain Criminal Offenses Amendment (2026) - On the ballot

Texas

1. Texas Proposition 13, Denial of Bail Amendment (2007)
2. Texas Proposition 3, Bail Limitations Amendment (1977)
3. Texas Proposition 3, Denial of Bail for Certain Violent or Sexual Offenses Punishable as a Felony Amendment (2025)
4. Texas Proposition 4, Denial of Bail Amendment (2005)

Utah

1. Utah Proposition 1, Allow Bail to Be Denied Persons Charged With a Serious Crime Amendment (1988)
2. Utah Proposition 2, Allow Denial of Bail for Certain Felony Cases Amendment (1972)

Washington

1. Washington Judge Bail Authority Amendment, HJR 4220 (2010)

Wisconsin

1. Wisconsin Question 1, Conditions of Release Before Conviction Amendment (April 2023)
2. Wisconsin Question 2, Conditions for Cash Bail Amendment (April 2023)
3. Wisconsin Question 3, Conditions for Cash Bail Amendment (April 1981)

See also

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Footnotes

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