Indiana Governor Mike Braun released a video on Wednesday, October 21, urging Hoosiers to consider Public Question 1 — a November ballot measure that would expand when judges can deny bail and keep accused people in jail before trial.
Source: Governor Mike Braun video via WTHR reporting
Under Indiana's constitution today, a person charged with murder may be denied bail only if prosecutors show a strong case; almost every other offence is bailable. In his video, Braun said the legislation he signed earlier this year directs courts to weigh the evidence against the defendant and the nature of the offence — for example, whether it involved drugs, alcohol or an act of violence — and he thanked Senators Aaron Freeman and Eric Koch and Representative Chris Jeter for their work on the measure.
State Senator Aaron Freeman issued a statement the same day backing the governor's video, saying Public Question 1 would allow judges to deny bail to repeat violent criminal suspects and that Senate Enrolled Act 2 gives judges specific factors to consider when deciding bail.
Source: Statement from State Sen. Aaron Freeman, Oct 21 2026
What a yes vote would change
Public Question 1 asks voters whether to amend Article 1, Section 17 of the Indiana Constitution. A yes vote would let courts deny bail for offences other than murder or treason when 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. The amendment passed the General Assembly twice, in 2023 and 2026, as Senate Joint Resolution 1; related laws set the ballot wording and, if approved, new bail-hearing procedures from January 1, 2027.
Source: Indiana Capital Chronicle
Opponents argue the change cuts into a core protection. The ACLU of Indiana, which updated its voter guide on October 20, says Public Question 1 would expand when the government can jail someone before trial and warns that taking away a person's liberty before conviction is among the most serious powers given to the state. Early voting is already open in Indiana ahead of the November 3 election.
Source: ACLU of Indiana
What is solid
- Public Question 1 is a proposed amendment to Article 1, Section 17 of the Indiana Constitution, passed by the General Assembly in 2023 and 2026.
- Today only murder and treason charges can be denied bail, and only when the proof is evident or the presumption strong.
- Governor Braun released a video supporting the question on October 21, 2026.
What is only claimed
- Supporters, including Gov. Braun and Sen. Freeman, say the change protects public safety and ends a revolving door for repeat violent suspects.
- Opponents, including the ACLU of Indiana, say it weakens the presumption of innocence and could jail people accused of less serious offences before trial.
