Politics
Indiana voters to decide on expanded pretrial detention and judge residency rules
Two proposed amendments to Indiana’s Constitution will appear on the November 2026 ballot. One would let judges deny bail in some cases beyond murder and treason; the other would broaden where city and town court judges may live.
Indiana voters will decide in November whether to change two provisions of the state constitution: one governing when people charged with crimes may be held without bail, and another setting residency rules for city and town court judges.
Both measures cleared the Indiana General Assembly twice, a requirement for placing proposed constitutional amendments on a general-election ballot. Voters will answer yes or no to each question.
The first amendment would allow a judge to deny bail to someone charged with an offense other than murder or treason if the evidence against the person is strong and the state proves, by clear and convincing evidence, that no release conditions could reasonably protect another person or the community.
Under the current constitution, bail may be denied only to people charged with murder or treason when the evidence meets the required standard. A yes vote would expand judges’ authority to keep some defendants in custody before trial; a no vote would preserve the existing rule.
Supporters say the change could help courts respond to risks to public safety before harm occurs. Opponents argue that detention before conviction can undermine the presumption of innocence and put people behind bars before a court has determined guilt.
The second amendment concerns where municipal judges can reside. Currently, a city or town court judge must live in the city or town where the court operates. If voters approve the change, judges could instead live elsewhere in the county containing the court or in the bordering county closest to the city or town.
City and town courts handle matters including misdemeanors, traffic cases and violations of local ordinances. The proposed residency change is intended to widen the pool of potential judicial candidates, particularly for smaller communities.
The ballot questions would change Articles 1 and 6 of Indiana’s Constitution, respectively. Their effects will depend on voters’ decisions in November.