Gov. Mike Braun and Lt. Gov. Micah Beckwith are taking different approaches to a ballot measure Indiana voters will decide on Tuesday, with Beckwith urging voters to reject a constitutional amendment that would expand judges' authority to deny bail.
Public Question 1 would allow judges to deny bail beyond the existing constitutional exceptions for murder and treason if the state proves by clear and convincing evidence that no release conditions could reasonably protect public safety and that the evidence of guilt is strong. The amendment passed the General Assembly in 2023 and again in 2026, as required for it to reach voters.
Beckwith said Hoosiers should reject both amendments on the 2026 ballot. "Our justice system rests on the presumption of innocence until proven guilty," he wrote in a social media post, adding that expanding government authority to deny liberty before conviction raises serious due-process concerns. The ACLU of Indiana has raised similar concerns, noting the amendment does not list specific offenses that would qualify.
Supporters, including Sen. Aaron Freeman of Indianapolis, who co-authored the amendment, say judges need the option to detain people who pose a serious danger to others in rare and egregious cases. Braun released a video explaining the measure and thanking lawmakers for their work, but it does not explicitly recommend a yes or no vote; a spokesperson for his office said the governor supports the amendment.
Public Question 2 would loosen judicial residency rules, allowing city and town court judges to live in the county where their court sits or in a qualifying neighboring county rather than inside the municipality. Beckwith opposes that amendment as well, arguing judges should live in the communities they serve. Voters will decide each amendment separately on Nov. 3.
