Indiana Voters Approve Constitutional Amendment Expanding Bail Denial

Indiana voters approved two constitutional amendments on November 3, 2026, including a measure that expands the authority of judges to deny bail to criminal defendants. Public Question 1 passed with 59% of the vote, amending Article 1, Section 17 of the state Constitution to allow bail denial for crimes other than murder and treason.

Under the new rule, judges may hold defendants without bail if the state provides clear and convincing evidence that the individual poses a substantial risk to the community and cannot be safely released under other conditions. The measure reached the ballot after the General Assembly of Indiana passed Senate Joint Resolution 1 in two separate legislative sessions in 2023 and 2026.

Mike Braun, the Governor of Indiana, supported the amendment, stating it directs courts to consider the nature of the offense, including violence or the use of drugs and alcohol. Conversely, the ACLU of Indiana opposed the measure, arguing it could compromise due process and lead to inconsistent judicial decisions regarding who is deemed dangerous.

In a separate vote, 63% of voters approved Public Question 2, which allows city and town judges to reside in the county where their court is located or in the closest bordering county.