Louisiana becomes fourth state to advance a bail-related constitutional amendment to voters in 2026

The Louisiana State Legislature approved a constitutional amendment related to post-conviction bail for defendants who are convicted of an aggravated offense against minors for the Nov. 3, 2026, statewide general election ballot. Legislators passed the amendment on May 13, 2026.

In Louisiana, a two-thirds (66.67%) vote is required during a single session to place a constitutional amendment on the ballot. That amounts to a minimum of 70 votes in the Louisiana House of Representatives and 26 votes in the Louisiana State Senate, assuming there are no vacancies.

House Bill 51

Introduced as House Bill 51 (HB 51) on Jan. 30, 2026, the constitutional amendment would prohibit bail for individuals convicted of an aggravated offense, as defined by state law, against a minor.

As of 2026, Article I, Section 18 of the Louisiana Constitution provides for the right to bail after conviction but before sentencing if the maximum sentence is five years or less; judges may grant bail if the maximum sentence is more than five years.

The amendment was first passed in the state House on April 20, 2026, by a vote of 92-0, with five Republicans and eight Democrats not voting. On May 13, 2026, the state Senate approved HB 51 by a 31-1 vote, with 25 Republicans and six Democrats supporting the amendment, while one Democrat voted against it. Three Republicans and four Democrats did not vote.

Since 2023, voters in three states — Colorado, Texas, and Wisconsin — have approved constitutional amendments adding conditions or exceptions to their state constitutions’ right to bail for criminal defendants. In 2026, voters in Alabama, Indiana, and Tennessee, along with Louisiana, will also decide on bail-related amendments.

In Alabama, the ballot measure — Amendment 1 — would expand the list of crimes for which bail can be denied to include shooting or discharging a firearm, explosive device, or other weapon into an occupied dwelling and solicitation to commit murder.

In Indiana, the ballot measure — Question 1 — would deny bail to individuals charged with crimes when the proof of the charge is evident, or the presumption is strong, and the accused poses a substantial risk to any other person or the community.

In Tennessee, the ballot measure — Amendment 1 — would remove the right to bail in cases where the presumption of guilt is great, and the defendant is accused of terrorism, second-degree murder, aggravated rape of a child, grave torture, and any other offense for which a convicted individual could not be released prior to the expiration of at least 85% of their sentence.

Voters in Louisiana will decide on three other ballot measures on Nov. 3, 2026, regarding homestead tax exemptions for the surviving spouses of deceased veterans, property tax rate limits, and the income limit to qualify for property tax special assessments.

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