Tennessee voters will decide on bail, property tax and victims' rights

Tennessee's early voting period for the November 2026 election is underway, and before voters head to the polls, they should know about the three amendments on the ballot this year

In addition to voting in the midterm elections, Tennessee voters will choose the next governor, one U.S. senator, nine members of the U.S. House of Representatives, and members of the Tennessee state Senate and House. Residents will also vote on three amendments to the state's constitution.

An amendment passes if it gets more “yes” votes than “no” votes and if the number of “yes” votes is more than half of all votes cast for governor. If either requirement is not met, the amendment does not pass, and the constitution remains unchanged.

If you vote for governor but don’t

answer the amendment questions, your vote still counts toward the total needed for the amendment to pass.

What amendments will Tennessee vote on in November?

Three amendments will appear on the November ballot. Two would address criminal justice issues, while the third would limit the state's authority to impose a property tax.

Here is a more in-depth look at the three amendments on the November ballot.

Amendment 1

This amendment changes Article I, Section 15 of the Tennessee Constitution. It would allow a court to hold a defendant without bail before trial in specific cases. These cases include those in which the defendant is accused of a crime punishable by death, terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture or any crime that requires a person to serve at least 85% of a sentence if convicted. The amendment also would require courts to explain decisions to grant or deny bail in those cases.

Supporters say Amendment 1 would expand the list of charges for which a judge could deny bail before trial. Opponents argue it would give the government more authority to jail people accused of certain crimes before they are convicted.

Answering yes on the ballot means you want the following changes to the state's constitution:

• Article I, Section 15 of the Constitution of Tennessee be amended by deleting the following text:
  • "All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident, or the presumption is great. The privilege of the writ of Habeas Corpus shall not be suspended, unless in the case of rebellion or invasion, the General Assembly declares that public safety requires it."
• And replacing it with the following:
  • (a) All prisoners shall be bailable by sufficient sureties, unless the following conditions apply, in which the proof is evident or the presumption is great:
    • A capital offense;
    • An act of terrorism;
    • Second-degree murder;
    • Aggravated rape of a child;
    • Aggravated rape;
    • Grave torture; and
    • Any other offense for which, as of November 3, 2026, a defendant, if convicted, could not be released prior to serving at least 85% of the entire sentence imposed.
  • (b) In any case where bail for an offense listed in subsection (a) is granted or denied before conviction, the judge or magistrate shall record the reasons for granting or denying bail.
  • (c) The privilege of the writ of Habeas Corpus shall not be suspended, unless in the case of rebellion or invasion, the General Assembly declares that public safety requires it.

Amendment 2

This amendment adds language to Article II, Section 28 of the Tennessee Constitution that would prohibit the Legislature from imposing a state property tax on real, personal or mixed property.

Tennessee had a state property tax until 1949, when the Legislature repealed it. Under the current constitution, the General Assembly could restore a state property tax through the legislative process.

Amendment 2 would eliminate that option by officially banning state property taxes in the constitution.

County and city property taxes, which fund local services such as schools, would continue to operate separately and would not be affected by this vote. If the amendment passes, changing the prohibition later would require another constitutional amendment and a statewide vote.

Answering yes on the ballot means you want the following changes to the state's constitution:

• Should Article II, Section 28 of the Constitution of the State of Tennessee be amended by removing the following language from the first sentence:
  • “In accordance with the following provisions, all property, whether real, personal, or mixed, shall be subject to taxation, but the Legislature…”
• And replacing it with the following:
  • “In accordance with the following provisions, all property, whether real, personal, or mixed, shall be subject to taxation; however, the Legislature shall not levy, authorize, or otherwise permit any state tax on such property, and the Legislature…”

Amendment 3

This amendment changes Article I, Section 35 of the Tennessee Constitution to expand rights for crime victims. It would establish additional rights, including fair treatment, participation in the parole process, protection from harassment and notification of offenders' sentencing and release dates. The amendment also would preserve existing rights, including notice of legal proceedings, attendance at public hearings and timely resolution of cases. It does not remove authority from prosecutors or courts, and it does not authorize lawsuits against the state.

Amendment 3 is part of Marsy's Law, a national movement that seeks to establish crime victims' rights in state constitutions. Supporters say the effort gives victims rights similar to those afforded to defendants. Critics argue that expanding constitutional rights for victims could create tensions with the due process rights of people accused of crimes.

Advocates for victims' rights say Tennessee can strengthen services and improve awareness of existing protections regardless of the amendment's outcome.

Answering yes on the ballot means you want the following changes to the state's constitution:

• Shall Article I, Section 35 of the Constitution of Tennessee be amended by deleting the section in its entirety and substituting the following:
  • Section 35. That to preserve and protect the rights of victims of crime to justice and due process throughout the criminal and juvenile justice systems, a victim, as defined by law and which may be expanded by the General Assembly, shall have the following rights, which shall be protected:
    • (1) The right to be treated with fairness for the victim's safety and dignity;
    • (2) The right, upon request, to reasonable notice of all public criminal proceedings and all public juvenile delinquency proceedings involving the accused;
    • (3) The right to be present at all public criminal proceedings and all public juvenile delinquency proceedings involving the accused;
    • (4) The right upon request to be heard in any proceeding involving release, plea, sentencing, disposition, and parole, as well as any public proceeding when relevant during which a right of the victim is implicated;
    • (5) The right to be heard and informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender;
    • (6) The right to be free from harassment, intimidation, and abuse throughout the criminal justice system, including reasonable protection, as defined by the General Assembly, from the accused or any person acting on behalf of the accused;
    • (7) The right, upon request, to reasonable notice of any release, transfer, or escape of the accused or convicted person;
    • (8) The right to full and timely restitution from the offender;
    • (9) The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence;
    • (10) The right to be informed of the minimum sentence the offender will serve in custody and the scheduled release date;
    • (11) The right to have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made;
    • (12) The right, upon request, to confer with the prosecution; and
    • (13) The right to be fully informed of all rights afforded to crime victims.

In summary, victims would be able to assert these rights under procedures established by the General Assembly, but they would not become parties to criminal cases. The amendment also specifies that it cannot be used to overturn a conviction, limit the authority of prosecutors or courts, or authorize lawsuits against the state or its employees.

When does early voting start?

Early voting in Tennessee is from Oct. 14 to 29.

Jordan Green covers trending news for The Commercial Appeal and Tennessee. She can be reached at [e-mail].

This article originally appeared on Memphis Commercial Appeal: Tennessee voters will decide on bail, property tax and victims' rights