Public Question 1Let judges deny bail to dangerous defendants
Read the full text of the measure: official sample ballot (PDF)
In plain words
Lets judges hold some people charged with crimes without bail if the state shows no release conditions would keep others safe. (in.gov )
Before and after
| Today | If YES wins | |
|---|---|---|
| What the rule is | The state constitution allows bail to be denied only for murder and treason, when the proof is evident or the presumption strong. | For other charges, bail could be denied if (1) the proof is evident or the presumption strong, and (2) the state proves by clear and convincing evidence that no release conditions would reasonably protect any other person or the community. |
Numbers from the official ballot title (ballot title ); also see
Example
Illustration only: a person charged with a serious violent crime other than murder: under a YES result, a judge could order the person held until trial if the state meets both tests. (in.gov )
Biggest change
- Bail may be denied for offenses beyond murder and treason source: in.gov
- State must prove by clear and convincing evidence that no release conditions would protect others source: in.gov
- Proof must be evident or presumption strong source: in.gov
Who it affects most: People charged with crimes, crime victims, courts, prosecutors, public defenders, county jails.
Cost to the state: No official fiscal statement found.
Our plain-words summary. Every line points to its source.
What your vote means
Amends the constitution so bail can be denied in more cases when the state meets the required proof.
Keeps the current rule: bail can be denied only for murder or treason.
Our one-line summary. Indiana does not publish an official "what your vote means" statement; the ballot title above is the official description.
Why people want it, and why others object
Why this is on the ballot
The Legislature put this on the ballot. It changes the state constitution, so only another statewide vote can change it back. It passes with a majority of the votes cast on it.
- First passed by the General Assembly in 2023 and again in 2026 (Senate approved January 2026; House 75-11 on Feb 16, 2026). Authored by Sen. Eric Koch; House sponsor Rep. Chris Jeter. Senate Bill 3 set the ballot wording; Senate Bill 2 would add due-process rules in law if voters approve. source: in.gov
Why supporters want it
- Sen. Eric Koch (author): "a great step toward ensuring our communities are protected from those who pose a threat." Rep. Chris Jeter (sponsor): some defendants cannot be safely released "no matter" the conditions, and the current high-bail practice "creates a two-tier justice system." (Indiana Capital Chronicle) source: indypolitics.org
Why opponents object
No public statement found.
Who backs each side
- Sen. Eric Koch (R-Bedford) source: in.gov
- Rep. Chris Jeter (R-Fishers) source: in.gov
In each side's own words where we could find them, quoted or summarized with a link to the source. We don't endorse either side.
What you will see on your ballot
Official ballot wording, word for word (tap to open)
The official ballot title, word for word from the official county sample ballot .
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.)
YES
NO
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Full text of the measure
Read it in the official sample ballot (PDF) .
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