Indiana voters will see two proposed constitutional amendments on the Nov. 3 general election ballot. One would expand judges’ power to deny bail. The other would loosen where city and town court judges are allowed to live.

Public Question 1: Bail

Under Article 1, Section 17 of the Indiana Constitution, a person charged with murder or treason is not entitled to be released on bail if the proof is evident or the presumption strong. Nearly every other defendant has a constitutional right to bail.

The amendment would extend that exception to other offenses. A person charged with an offense other than murder or treason would not be entitled to bail if two conditions are met. The proof must be evident or the presumption strong. The state must also prove by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.

The measure is Senate Joint Resolution 1, authored by Sen. Eric Koch, R-Bedford. It was first approved in 2023, and lawmakers gave it final approval this year. The Senate passed it 43-2, with four members not voting. The House passed it 75-11, with 14 members not voting. All of the House no votes came from Democrats.

Rep. Chris Jeter, R-Fishers, was the House sponsor. He called it “a public safety amendment to the Indiana Constitution.” He noted that 22 states have adopted some form of preventive detention. He also argued that setting high bail for dangerous defendants falls hardest on poor defendants and creates a two-tier system. Under the amendment, judges would have to issue findings to support detention.

Some Democrats objected. Sen. Greg Taylor, D-Indianapolis, said during Senate debate, “I don’t like the premise of this constitutional amendment.” Sen. Rodney Pol, D-Chesterton, said he supported letting voters weigh in. He questioned whether the ballot wording adequately conveys how broadly bail denial could apply. Opponents have warned that expanded detention authority could disproportionately affect marginalized communities.

Lawmakers also passed Senate Bill 3, which sets the ballot wording, on a 63-23 House vote. Senate Bill 2 would add statutory due-process protections if voters approve the change.

Indiana is one of three states, along with Alabama and Tennessee, with bail-related amendments on the 2026 ballot.

Public Question 2: City and Town Court Judges

City and town court judges currently must live in the city or town where their court is located. The amendment would let them live in either of two places:

  • the county where the court is located, or
  • the bordering county closest to the city or town where the court sits.

Indiana has 38 city courts and 14 town courts. They handle cases involving local ordinances, misdemeanors and infractions. Their judges are attorneys elected in partisan races to four-year terms.

Rep. Michael Aylesworth, R-Hebron, carried the measure as a response to judge shortages in rural communities. “Rural communities are hit the hardest by the growing judicial shortage,” he said. The resolution passed in the 2023 session and again in 2025. House Enrolled Act 1019 set this year’s ballot language.

How Amendments Pass

Indiana requires a proposed amendment to pass two separately elected General Assemblies before it goes to voters. It then takes effect only if a majority of voters casting ballots on the question approve it.

Hoosier voters have historically approved the amendments placed before them. Thirteen constitutional amendments appeared on Indiana ballots between 1996 and 2024, and all of them passed.

Voters will mark “Yes” or “No” on each question. Election Day is Nov. 3.