For the two Public Questions on Hoosier ballots, a YES vote supports changing the Constitution as proposed, while a NO vote keeps the current constitutional language in place. Each amendment must receive a majority of votes cast on that question to pass.
Public Question 1: Expanding Pretrial Detention
Under Indiana’s Constitution, people accused of crimes generally have a right to bail before trial, with exceptions for murder and treason when the evidence meets a specified standard.
Public Question 1 would expand when someone can be held in jail without bail before being convicted of a crime. It would allow judges to deny bail for other offenses when the evidence of the charge meets the constitutional standard, and the state proves by clear and convincing evidence that no conditions of release would reasonably protect others or the community.
- YES: Allow judges to deny bail in these additional circumstances.
- NO: Keep the Constitution’s existing limits on denying bail.
Want to know more about what’s at stake? Explore the ACLU of Indiana’s Public Question 1 webpage to understand the proposed amendment, Indiana’s current bail system, and its implications for due process and the presumption of innocence.
Public Question 2: Residency Requirements for Local Judges
Currently, Indiana’s Constitution requires city and town court judges to live in the city or town where they serve.
Public Question 2 would allow city/town court judges to live outside the communities they serve, including in neighboring counties.
- YES: Allow city and town court judges to live in these additional areas.
- NO: Keep the existing residency requirement.
The exact ballot language will read:
“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 HEA 1019 2 concerns Article 6, Section 6 of the Constitution of the State of Indiana.)”
These proposed changes will appear on ballots statewide in this midterm election. Visit IndianaVoters.com to view your sample ballot before voting.