The Indiana State Legislature gave final approval to a constitutional amendment requiring city and town court judges to reside in either the county where the court is located or the bordering county closest to the court. Currently, city and town court judges must live in the city or town where the court is located. The amendment will appear on the ballot for voter approval on Nov. 3, 2026.

There are 46 city courts and 27 town courts in Indiana. These courts have jurisdiction over cases involving town or city ordinances and misdemeanor offenses and infractions. Town and city court judges are attorneys in good standing who are elected in partisan elections and who serve terms of four years. There are no term limits on city or town court judges; however, they must retire at age 75.

The amendment’s sponsor, Rep. Michael Aylesworth (R-11), said, “Lawyers who could later serve as judges have become increasingly scarce in more rural areas of the state. With older lawyers retiring and not enough new ones to replace them, rural communities are limited when it comes to legal services.”

In Indiana, constitutional amendments must be passed by both chambers of the legislature in two successive legislative sessions with a general election between them before being placed on the ballot. The general election in 2024 did not change the partisan makeup of the state legislature, in which Republicans have a 70-30 veto-proof majority in the House and a 40-10 veto-proof majority in the Senate.

Indiana is one of nine states that require constitutional amendments to pass in two successive legislative sessions before being placed on the ballot. The other states with this requirement are Iowa, Massachusetts, Nevada, New York, Tennessee, Vermont, Virginia, and Wisconsin. In Connecticut, Hawaii, New Jersey, and Pennsylvania, state legislatures can refer constitutional amendments to the ballot during either one legislative session or two legislative sessions, depending on the size of the vote or other factors.

The amendment was first introduced in the 2023 legislative session as House Joint Resolution 6 and was passed unanimously in both chambers.

The amendment was reintroduced in the 2025 legislative session as House Joint Resolution 1. The House passed the amendment on Jan. 30, 2025, by a vote of 81-7. All House Republicans voted in favor while House Democrats were split with 20 voting in favor and seven voting against. The Senate passed the amendment on March 17, 2025, by a vote of 43-3. Senate Republicans all voted in favor while Senate Democrats were split with seven voting in favor and three voting against.

Between 1996 and 2024, 13 constitutional amendments appeared on the ballot in Indiana, all of which were approved by voters. Indiana is one of seven states that has had a 100% approval rate for constitutional amendments on the ballot between 2003 and 2024.