Right now only an individual accused of homicide or treason can be denied bail.
The constitutional amendment would allow prosecutors to make a case to deny bail based on the danger posed by the individual.
University of Southern Indiana Associate Professor of Political Science and Pre-Law Program Coordinator Nicholas LaRowe said if this is passed bail could be denied for many things.
“You could potentially have somebody who gets a speeding ticket, but if that person happens to be a dangerous criminal, you might be able to show a judge enough evidence to convince them to revoke bail.”
LaRowe said there could be concerns that individuals can be held without bail before they’ve been proven guilty.
The other amendment allows local judges to live outside the cities in which they preside, like in the outer county or neighboring city.
Currently, judges must reside where they preside.
LaRowe said getting such a question on the ballot is a multi-year process.
“It was passed as a resolution in 2023, and then passed again in 2026, and so you need two separately elected Indiana legislatures to pass the resolution twice, and then it's referred to the public on the ballot, and that's the process for this one.”
He says it’s much harder to amend the US constitution.
Ballot question 1:
"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.)"
Ballot question 2
"Shall the Constitution of the State of Indiana be amended to permit the judge of a city or town court to reside in: (1) the county in which the court is located; or (2) the bordering county closest to the city or town in which the court is located? (This question concerns Article 6, Section 6 of the Constitution of the State of Indiana.)"
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