Ballot question · November 3, 2026
Public Question 1: Bailable Offenses and Substantial Risk Standard Amendment
Would amend the Indiana Constitution to expand the circumstances in which a court may deny bail. Currently, bail may be denied only in murder and treason cases where the proof is evident or the presumption strong. Under the amendment, bail could be denied for any offense when (1) the proof is evident or the presumption is strong, AND (2) the state proves by clear and convincing evidence that no condition of release will reasonably protect another person or the community.
| A Yes vote means | Courts could deny bail for any offense when (1) the proof is evident or the presumption is strong, AND (2) the state proves by clear and convincing evidence that no condition of release will reasonably protect another person or the community. |
| A No vote means | The constitution keeps the current rule: bail may be denied only in murder and treason cases where the proof is evident or the presumption strong. |
Ballot text
Public Question 1
Supporters
- Erich Koch — State Senator: Sponsor of SB 3; argues the change closes a gap so dangerous defendants cannot be released on bail.
- Chris Jeter — State Representative: Supported the amendment in the House.
Opponents
- Greg Taylor — State Senator: Opposed the amendment, citing the risk of biased preventive-detention decisions.