INDIANAPOLIS — Hoosier voters will face two proposed amendments to the Indiana Constitution when they head to the polls this November.
The first ballot measure seeks to expand the circumstances under which judges can deny bail to individuals accused of crimes if they pose a significant threat to public safety. The second measure aims to update residency requirements for city and town court judges, allowing them to reside outside strictly municipal boundaries as long as they live in the same county or an adjacent bordering county.
Local election officials, including the Lawrence County Clerk’s Office, emphasize that both questions will appear on ballots statewide, regardless of whether a particular county or municipality operates a city or town court. Voters have the option to answer either, both, or skip the constitutional questions entirely without invalidating the rest of their ballot. By state law, poll workers are strictly prohibited from offering guidance or advice on how voters should cast their ballots on these or any other measures.
Expanding Bail Denial Standards
Under Article 1, Section 17 of the current Indiana Constitution, bail can only be denied to individuals charged with murder or treason when proof of guilt is evident, or the presumption is strong. For all other criminal charges, courts are currently required to set bail conditions.
The proposed amendment would change that framework by allowing judges to hold defendants charged with other offenses without bail if the state proves by “clear and convincing evidence” that no release conditions (such as electronic monitoring or house arrest) could reasonably protect the safety of another person or the community.
- Proponents’ argument: Authors and supporters of the resolution, including Sen. Eric Koch (R-Bedford), argue that the change brings Indiana in line with over half of U.S. states. They contend it provides trial judges with necessary flexibility to prevent violent offenders from reoffending while awaiting trial.
- Opponents’ argument: Critics, including several defense attorneys and civil rights advocates, express concern that expanding pretrial detention could lead to increased jail populations, potential bias, and a weakening of the presumption of innocence before guilt is proven in court.
Modifying Judicial Residency Requirements
The second constitutional amendment addresses judicial eligibility for city and town courts. Currently, local judges are generally required to reside within the specific municipality or district they serve.
If approved by voters, the amendment would broaden those requirements, allowing city and town court judges to live anywhere within the county where the court sits, or within the closest bordering county.
Supporters say the change responds to judicial recruitment challenges in smaller municipalities, expanding the pool of qualified legal professionals eligible to serve as local judges while maintaining geographical proximity to the court’s jurisdiction.
How Indiana Constitutional Amendments Work
Amending the Indiana Constitution is a multi-year legislative process. Unlike many states, Indiana does not allow citizen-led ballot initiatives or referendums.
To amend the state constitution:
- First Passage: A proposed amendment must pass both the Indiana House of Representatives and Indiana State Senate by a simple majority vote.
- Second Passage: The exact same text must be re-approved by both chambers during the next elected General Assembly following a statewide legislative election.
- Voter Ratification: Once approved in two consecutive legislative sessions, the measure is placed on the statewide general election ballot, where a simple majority of votes (“Yes”) is required for official adoption into the Indiana Constitution.
Both measures on this fall’s ballot successfully cleared these legislative steps and will take effect if approved by a majority of Hoosier voters.
