Tennessee Constitution changes await voters Nov. 3

The statewide ballot questions deal with bail rules, a ban on a state property tax, and expanded rights for crime victims

1:02 p.m. Sept. 30, 2026

DUANE CROSS
MCO Publisher•Editor

Once Moore County voters work their way through the candidates on the Nov. 3 ballot, there will still be a little more voting to do.

Three questions near the bottom of the ballot ask voters whether they want to change the Tennessee Constitution. The questions deal with bail in some criminal cases, a state property tax, and the rights of crime victims.

The wording can be a lot to take in while standing at a voting machine. So, before early voting gets here, here is what each question means.

Amendment 1: Bail in some serious criminal cases

Tennessee’s Constitution now says people charged with crimes have a right to bail before trial, except in capital cases when the evidence meets a certain legal standard. Amendment 1 would give judges the same choice in several more serious criminal cases.

Those include terrorism, second-degree murder, aggravated rape of a child, aggravated rape, and grave torture. The amendment would also cover other crimes for which a person, if convicted, must serve at least 85% of the sentence before release.

That does not mean everyone charged with one of those crimes would automatically be held without bail. It means a judge could deny bail when the proof is strong enough under the Constitution. If bail is granted or denied in one of those cases, the judge would have to put the reason on the court record.

A yes vote adds those crimes to the list of cases where bail may be denied. A no vote keeps the current rule.

Amendment 2: Putting a state property-tax ban in writing

This one needs a little distinction up front. Amendment 2 deals with a property tax charged by the state of Tennessee, not the property tax Moore County collects.

Tennessee does not have a state property tax now. Amendment 2 would go a step further and put a ban on one in the Constitution, meaning a future General Assembly could not create one.

Nothing in the amendment would do away with county or city property taxes. Those local taxes would continue just as they do now.

Approve the amendment, and the state property-tax ban becomes part of the Constitution. Reject it, and Tennessee stays where it is today – no state property tax, but no constitutional ban against one in the future.

Amendment 3: More rights for crime victims

The final amendment is the longest one voters will see, and there is quite a bit packed into it. Tennessee’s Constitution already gives crime victims certain rights, but Amendment 3 would rewrite that section and add more protections.

Victims would have a constitutional right to fair treatment and protection from harassment, intimidation, and abuse. They could also have a larger role in the parole process and receive more information about what happens after a conviction.

The amendment would require the safety of the victim, the victim’s family, and the public to be considered before parole or another early release. Rights already in the Constitution, including restitution and the ability to speak with prosecutors, would remain.

The proposal also says those rights would not take away the powers of prosecutors or the courts. It would not, by itself, give someone a reason to overturn a conviction.

A yes vote replaces the current victims’ rights section with the expanded version. A no vote leaves the present language in place.

One more number matters

Tennessee constitutional amendments have a higher hurdle than simply getting more yes votes than no votes.

For an amendment to pass, it must first receive more yes votes than no votes. But there is another requirement: The total number of yes votes must also be more than half the number of votes cast in the governor’s race.

Here is the easy way to think about it. The governor’s race sets the bar. If 100 people vote for governor, an amendment would need at least 51 yes votes to pass.

Skipping an amendment question does not count as a no vote. But it can still matter because the number of votes cast for governor helps determine how many yes votes the amendment needs.

That makes these questions a little different from the candidate races above them. Voters are not choosing a person for office. They are deciding whether the words in the Tennessee Constitution should change.

Dates worth circling

• If you are not registered to vote, Monday, Oct. 5, is the deadline for the Nov. 3 election

• Early voting begins Wednesday, Oct. 14, and continues through Thursday, Oct. 29.

• For voters who qualify to vote absentee by mail, Saturday, Oct. 24, is the final day to request a ballot.

• Election Day is Tuesday, Nov. 3.

That leaves a little time to look these questions over before heading to the polls. Once the candidate races are behind you, the three constitutional questions will still be waiting near the bottom of the ballot.