10/16/2026
Indiana Public Question 1 is a proposed amendment to the state constitution’s bail clause. It will appear at the top of the Nov. 3 ballot.
Right now, Indiana’s constitution has guaranteed the right to bail since 1851 for anyone charged with a crime other than murder or treason. The ballot asks whether the Constitution should 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. The question concerns Article 1, Section 17.
In practice, it is a preventive detention measure that would allow judges to deny bail on charges beyond murder and treason. Sen. Eric Koch has argued that federal courts already deny bail to defendants in some cases and that Indiana should have similar tools. The House passed Senate Bill 3, which sets the ballot wording, by a vote of 63-22. To take effect, it needs approval from a majority of voters casting ballots on the question.
Critics have attacked both the substance and the wording. One commentary in the Indiana Lawyer argued the amendment amounts to preventive detention that strips a fundamental constitutional right. The same piece objected that the ballot language reads at a college-junior level and that the word “provide” makes a measure removing a right sound like it grants something. Sen. Rodney Pol supported letting voters decide but questioned whether the wording makes clear how broadly bail denial could apply.
Hoosiers will decide in November whether judges can deny bail in more cases.