10/13/2026
Have you heard there are two statewide public questions on your ballot this fall?
Here’s a simple breakdown of public question #1, what it would change, and what informed voters should know before casting their vote.
Our Current System:
The Indiana Constitution allows courts to deny bail in very limited circumstances.
Proposed Change:
Courts would be able to deny bail for a person charged with a lower-level offense if a court determines they pose a risk and that no conditions of release would reasonably protect others or the community.
Now why would you vote for or against the proposed change? Let’s look at the top reasons for each.
Reasons to Vote Yes:
The proposed change provides another tool for the state to use to keep communities safe from high-risk and violent offenders.
The proposed changes require a clear and convincing evidence standard be met and the state must prove no other reasonable restriction would protect the community.
Reasons to Vote No:
Opponents, such as the ACLU and LWV, say these changes remove the bedrock principle of innocence until proven guilty as defendants could be held behind bars before being convicted of a crime.
The changes could be applied inconsistently across counties and judges, with potential for bias against certain communities of color or economic status.
The changes could be applied to any offense, not just violent crimes.
