Ballot question
Public Question #1: Ratification of State Constitutional Amendment
- On the ballot in
- Indiana
- Vote
- Yes or no
- Election
- Nov 3, 2026
The question, as printed 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.)
A “Yes” vote means
A yes vote lets courts deny bail beyond murder and treason cases if proof is evident or presumption strong and the state proves by clear and convincing evidence no release conditions keep others safe.
A “No” vote means
A no vote leaves Article 1, Section 17 as it is: offenses other than murder or treason "shall be bailable by sufficient sureties."
Official plain English statement
The amendment would allow the court to restrict bail to a person charged with a crime when the accused poses a substantial risk to any other person or the community. An offense other than murder or treason shall not be bailable 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.
Agreed to by the 123rd General Assembly (Senate Joint Resolution 1, P.L. 255-2023) and the 124th (Senate Enrolled Joint Resolution 1, P.L. 164-2026); Senate Enrolled Act 3 (P.L. 4-2026) set the ballot wording. It takes effect if ratified by a majority of the voters voting on the question. The plain-English summary is the Indiana Election Division's (2026 Indiana Election Legislation Summary). On the ballot as "PUBLIC QUESTION #1" (Ratification of State Constitutional Amendment).
Sources
- Who and What Is on My Ballot: the official ballot of every precinct, 2026 General Election · Indiana Election Division (Indiana Voter Portal)
- 2026 Indiana Election Legislation Summary: Indiana Constitutional Amendments (official text of Public Questions #1 and #2 and summaries) · Indiana Election Division
- 2023 Indiana Election Legislation Summary: Indiana Constitutional Amendments (first passage: P.L. 254-2023 and P.L. 255-2023) · Indiana Election Division
- Senate Joint Resolution 1 (2026): proposed amendment to Article 1, Section 17 of the Constitution of the State of Indiana concerning bail (introduced version) · Indiana General Assembly
The question and plain English statement are copied word for word from official election materials. The Gist does not take a side on ballot questions.