Indiana voters this November will get to vote on two public questions. Voters will be asked to vote 'Yes or 'No' on the questions to approve a change to Indiana's constitution.
For these questions to appear on a general election ballot, the Indiana General Assembly must approve them twice.
Constitutional Amendment 1: Bail
The first ballot question voters will see could allow judges to deny bail if they determine the individual poses a substantial risk to the public.
Here is the language that will appear on the ballot:
"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.)"
Current Indiana law states that people can only be denied bail if they are charged with murder or treason and there is strong evidence against them.
Voting yes would give courts more opportunities to deny bail. Voting no on the question would keep Indiana's current bail practice in place.
The amendment was first passed out of the General Assembly in 2023 and then was passed again earlier this year.
Lawmakers and supporters of the question passing believe it can improve community safety and help judges be proactive rather than reactive.
Opponents argue that passing the question violates an individual's right to be presumed innocent until proven guilty and to potentially be put behind bars before being convicted of a crime.
Constitutional Amendment 2: Judicial Residency
The second question posed to voters is about where a city or town court judge may live. Currently judges must reside in the city or town where they preside. If approved the amendment will allow local judges to live in the county or in a bordering county.
Here is the language that will appear on the ballot:
"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.)"
Town and city court judges make up Indiana municipal courts that decide cases involving misdemeanors, traffic or city ordinance violations. The amendment aims to help provide more judicial candidates in smaller Indiana towns.
