Indiana residents will head to the polls on Tuesday, November 3, to weigh Public Question 1, a constitutional amendment that would give judges broader authority to deny bail. The proposal would let courts keep a defendant behind bars before trial if prosecutors present clear and convincing evidence that releasing the person would endanger the community.

What the amendment changes

Currently, Article 1, Section 17 of the Indiana Constitution guarantees the right to bail in most cases, with exceptions only for murder and treason when the evidence is strong. The new language would add a second set of criteria:

• Proof of the defendant’s guilt must be evident or the presumption strong.
• The state must show, by clear and convincing evidence, that no release conditions could reasonably protect public safety.

If both standards are met, a person charged with any offense other than murder or treason would not be entitled to bail.

How a “yes” or “no” vote plays out

Voting yes would amend the state constitution, allowing judges to deny bail in additional cases when prosecutors meet the new legal thresholds and demonstrate a genuine public‑safety risk.

Voting no would keep the existing constitutional language, preserving the right to bail for all offenses except murder and treason.

Why the measure is on the ballot

The amendment reached the ballot after passing two legislative sessions. In 2023 and again in 2026, the Indiana General Assembly approved Senate Joint Resolution 1, which placed the question before voters. Subsequent Senate Enrolled Acts 2 and 3 set the procedural rules for denying bail and finalized the ballot wording.

Support and opposition

Governor Mike Braun, a Republican, posted a video thanking lawmakers for advancing the measure. He said, “The legislation I signed this year directs courts to consider the evidence against the defendant and the nature of the offense. For example, did it involve drugs, alcohol or an act of violence?” He urged Hoosiers to consider the public‑safety implications when casting their ballots.

Opponents, including the ACLU of Indiana, argue the amendment could erode due‑process protections and give judges too much discretion, potentially leading to inconsistent decisions about who is deemed dangerous. The organization warned that the change represents a “substantial shift to constitutional rights in Indiana, not a technical policy tweak.”

Election logistics

Early voting runs through Monday, November 2. Voters can find their polling locations on the Indiana Secretary of State’s website. The measure is a direct vote on a constitutional amendment, so the outcome will be decided solely by the electorate.

What’s at stake for Hoosiers

Proponents say the amendment strengthens community safety by ensuring that individuals who pose a clear risk cannot be released on bail before a trial. Critics fear it could undermine the presumption of innocence and lead to longer pre‑trial detention for those who have not been convicted.

Regardless of the outcome, the vote underscores Indiana’s ongoing conversation about balancing public safety with constitutional liberties. Voters will have the final say on whether the state’s bail system should be expanded to address modern safety concerns.

Original reporting: WLKY Louisville — read the source article.