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Constitutional amendment · Tuesday, November 3, 2026

Public Question 1: Right to bail (Art. 1, Sec. 17)

Would let courts deny bail for any offense, not just murder or treason, when proof is evident or presumption strong and the state shows by clear and convincing evidence that no release conditions keep others safe. On every Indiana ballot.

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On the ballot

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.)

What a vote means

A yes vote
The Constitution changes, and judges could hold people without bail before trial in more cases. Bail hearings under a 2026 law (SEA 2) would apply from Jan. 1, 2027.
A no vote
Article 1, Section 17 stays the same: only murder and treason can be made non-bailable. Courts keep setting money bail or release conditions for other charges.

Sources

Researched Sunday, October 11, 2026

  1. 2026 Indiana Election Legislation Summary (pp. 9, 20) (Indiana Election Division)
  2. Senate Enrolled Act 3-2026 (P.L.4-2026): constitutional amendment ballot language (Indiana General Assembly)
  3. Senate Enrolled Joint Resolution 1-2026 (amends Art. 1, Sec. 17) (Indiana General Assembly)
  4. SJR 1-2026 details page (authors, sponsor, actions; Public Law 164) (Indiana General Assembly)
  5. SJR 1-2026, Senate Roll Call 43 (3rd reading), Jan. 22, 2026 (Indiana Senate)
  6. SJR 1-2026, House Roll Call 244 (3rd reading), Feb. 16, 2026 (Indiana House of Representatives)
  7. Senate Joint Resolution 1-2023, enrolled (P.L.255-2023) (Indiana General Assembly)
  8. SJR 1-2023, Senate Roll Call 27 (3rd reading), Jan. 26, 2023 (Indiana Senate)
  9. SJR 1-2023, House Roll Call 368 (3rd reading), Apr. 6, 2023 (Indiana House of Representatives)
  10. SJR 1-2023, Senate Roll Call 386 (concurrence), Apr. 13, 2023 (Indiana Senate)
  11. SJR 1-2023, Senate Roll Call 13 (Amendment #1 failed), Jan. 24, 2023 (Indiana Senate)
  12. SB 3-2026 roll calls: Senate RC 45 (Jan. 22, 2026) and House RC 245 (Feb. 16, 2026) (Indiana General Assembly)
  13. Senate Enrolled Act 2-2026 (P.L.64-2026): bail procedures, effective Jan. 1, 2027 (Indiana General Assembly)
  14. Indiana Annual Bail, Pretrial Release, and Rearrest Report, 6th ed. (2025 data) (Indiana Criminal Justice Institute)
  15. Status of Indiana's Criminal Justice System, 11th ed. (Indiana Criminal Justice Institute)
  16. Constitutional amendment concerning bail (Senate committee hearing summary) (Indiana Courts, Legislative Update)
  17. Constitutional amendment concerning bail (House Judiciary hearing summary) (Indiana Courts, Legislative Update)
  18. Indiana bail amendment clears General Assembly, sending detention question to November ballot (Indiana Capital Chronicle)
  19. Right to bail: Amendment asks voters to rewrite pretrial detention rules (Indiana Capital Chronicle)
  20. Amendment to deny bail to some offenders moves closer to November ballot (Indiana Public Broadcasting (WFYI))
  21. 2026 voter guide: public questions (WFYI)
  22. Welcome to the Era of Presumed Guilt: Public Question 1 (ACLU of Indiana)
  23. Indiana Public Question 1, Bailable Offenses and Substantial Risk Standard Amendment (2026) (Ballotpedia)

What's included: the U.S. House, statewide offices, the state legislature (by district, in the app), Indiana's statewide public questions and judicial retention questions, and county, township, city, town and school board races from the Indiana Election Division's candidate list.

Local races (county, city, school board, judges) and anything else on your ballot are on your official sample ballot: IndianaVoters.in.gov.

Indiana law lets you bring a list of candidates and public questions into the polling place, including one stored on your phone, as long as you don't electioneer. IC 3-11-8-18.5

Candidate lists as of Wednesday, October 14, 2026.

This is not an official ballot. Confirm your registration, polling place and ballot with your election office through vote.gov.