From Rep. Chris Jeter, October 2026
When you open your ballot this year, the first public question you see is one I have worked on for the last three years. Public Question 1 asks whether Indiana judges should be able to weigh the danger a defendant poses to others when deciding whether to grant bail.
Under our Constitution today, they mostly cannot. Every offense other than murder or treason is bailable, no matter how strong the evidence is or how clear the threat. A judge can look at a defendant, see real danger to a victim or a neighborhood, and still have no authority to keep that person in custody before trial.
“When someone poses a serious threat to others, judges should have the authority to consider that danger when deciding whether to grant bail.”
Rep. Chris Jeter, Chair, House Judiciary Committee
I sponsored this amendment in the Indiana House in 2023 and again in 2026. Changing the Constitution is deliberately hard: it has to pass two separately elected General Assemblies before it ever reaches voters. It has now done both. The last step belongs to you.
Protecting Hoosiers and keeping dangerous offenders off our streets are top priorities. This amendment is about protecting victims, preventing further crimes and putting the safety of our communities first.
What Question 1 actually changes
This is a narrow change with a high bar, and it is worth reading exactly what it says. The wording below comes from the resolution itself.
Today: Article 1, Section 17
- Offenses other than murder or treason are bailable
- Murder and treason are not bailable when the proof is evident or the presumption strong
If Question 1 passes
An offense other than murder or treason could be held without bail only if both are true:
- The proof is evident or the presumption strong, and
- The state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community
That second requirement matters. The state carries the burden, the standard of proof is a demanding one, and the judge has to find that no combination of release conditions would keep people safe. Most defendants would still be entitled to bail, exactly as they are now. What changes is that a judge facing a genuinely dangerous defendant would no longer have his or her hands tied.
I believe that is the right balance, and I hope you will vote yes on Question 1.
Rep. Chris Jeter (R-Fishers) represents Indiana House District 88, which includes portions of Hamilton, Hancock, Madison and Marion counties. He chairs the House Judiciary Committee and co-chairs the Bail and Release Review Commission.
Read it for yourself
- Senate Joint Resolution 1 (2026), Indiana General Assembly
- Senate Joint Resolution 1 (2023), the first passage
- The Governor’s video on the amendment and the lawmakers who worked on it
Common questions
What is Public Question 1?
A proposed amendment to Article 1, Section 17 of the Indiana Constitution, the section that governs bail. It is on every Indiana ballot in the November 3, 2026 general election, and it takes effect only if a majority of voters approve it.
Would most people charged with a crime still get bail?
Yes. Bail could be denied in a case other than murder or treason only when the proof is evident or the presumption strong, and the state also proves by clear and convincing evidence that no release conditions would reasonably protect others or the community.
Why does it need a statewide vote?
Changing the Indiana Constitution takes two separately elected General Assemblies plus a vote of the people. The amendment passed in 2023 and again in 2026, which is what put it on this year’s ballot.
When can I vote?
Early voting is open now. Election Day is Tuesday, November 3.
Early voting is open. Election Day is Tuesday, November 3.
Paid for by Jeter for Indiana.