Public Question 1: Denial of Bail When the Accused Poses a Substantial Risk
Statewide — all of Indiana
General election · Tuesday, November 3, 2026
- Placed on the ballot by the legislature as Senate Joint Resolution 1, authored by Sen. Eric Koch (R-Bedford). Indiana requires a constitutional amendment to pass two separately elected General Assemblies: it was first approved in 2023, and the House gave final approval 75-11 on Monday, February 16, 2026 (reported by the Indiana Capital Chronicle on February 17; all no votes were Democrats). A companion bill, Senate Bill 3, sets the ballot wording (House vote 63-23). A simple majority of voters is needed.[2]
- Ballotpedia reports the Senate passed the 2026 resolution 43-2 on January 22, 2026.[1]
The question on the ballot
Currently, under the Constitution of the State of Indiana, a person charged with murder or treason is not entitled to be released on bail if the proof is evident or the presumption strong. Shall the Constitution of the State of Indiana 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. (This question concerns Article 1, Section 17 of the Constitution of the State of Indiana.)[4][5]
Article 1, Section 17 of the Indiana Constitution now makes murder and treason non-bailable only when the proof is evident or the presumption strong. The amendment would add a standard under which any other offense is also not bailable if the proof is evident or the presumption strong and the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. No official fiscal estimate was found in the sources reviewed.[1][2]
A YES vote means
Amends Article 1, Section 17 so a person charged with an offense other than murder or treason may be denied bail if the proof is evident or the presumption strong and the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.
A NO vote means
Leaves Section 17 unchanged: only people charged with murder or treason can be denied bail when the proof is evident or the presumption strong.
Arguments made for
- Sen. Eric Koch (R-Bedford), the resolution's author: "SJR 1 addresses an important safety issue in our communities."[2]
- Rep. Chris Jeter (R-Fishers), House sponsor: "This is a public safety amendment to the Indiana Constitution. Today … every criminal defendant is authorized to be released on bail, unless it is determined for treason, even if (they are) a substantial risk to the public." He also said: "Preventive detention should be limited, reviewable, based on evidence."[2]
Arguments made against
- ACLU of Indiana: "We oppose this amendment because its vague and expansive language could keep more people who have not been convicted of a crime locked in Indiana’s already overcrowded jails."[3]
- ACLU of Indiana: "Public Question 1 would broaden that power based not only on what someone is accused of, but on who a court believes they may be."[3]
- Sen. Greg Taylor (D-Indianapolis), during Senate debate: “It’s not based on the charge — it’s based on the person, which makes this even more egregious.”[7]
On record in support
Research notes & limits
Indiana publishes no state voter pamphlet with official arguments, and no registered ballot-question committee was found for either side. Arguments are floor remarks and the ACLU's published position. The question text matches verbatim the wording on two county election documents (Hendricks County and Vanderburgh/Evansville) listing the statewide public questions; the Indiana Election Division's own page was not found. The Indiana General Assembly bill page (iga.in.gov) is a JavaScript application that could not be machine-read, so it is no longer cited; the House vote date is from the Indiana Capital Chronicle (which reported 'Monday' in a February 17 article; the photo caption date of Feb. 2 and Ballotpedia's Feb. 17 do not match that report). The Indiana Court of Appeals and Tax Court retention questions on the same ballot are judicial retention votes, not ballot measures. Fiscal impact and campaign finance not added: the IGA site could not be machine-read for a fiscal note and no ballot-question committee was found. fullTextUrl is the General Assembly resolution page cited by the Office of Court Services.
Sources · 7
Researched 2026-10-19. Green citations are official government records.
- 1.Indiana Public Question 1, Bailable Offenses and Substantial Risk Standard Amendment (2026) · Ballotpedia Reference
- 2.Indiana bail amendment clears General Assembly, sending detention question to November ballot · Indiana Capital Chronicle · 2026-02-17 News report
- 3.Constitutional Amendment Restricting Access to Bail (SEJR 1) · ACLU of Indiana Candidate's own words
- 4.2026 General Election Public Questions to Be on Your Ballot · Hendricks County, Indiana Official record
- 5.2026 General Election, Tuesday, 3 November 2026: Public Question, District, Title · Vanderburgh County / City of Evansville, Indiana Official record
- 6.Constitutional amendment concerning bail (SJ 1 committee hearing summary) · Indiana Office of Court Services, Legislative Update · 2026-01-16 Official record
- 7.Indiana bail amendment advances toward November ballot · Indiana Capital Chronicle · 2026-01-23 News report