Breaking Down the Constitutional Amendments on Tennesseans' Ballots

With early voting now open, as Tennesseans head to the ballot box ahead of Election Day in November, it won't be just governor and state and federal representatives they're voting for. They’ll also have a chance to weigh in on three separate amendments to the state’s constitution related to the right to bail, property taxes and victims’ rights.

Amendment One

The first amendment proposed on the Nov. 3 ballot would take away the right to bail for people charged with certain crimes. The measure would allow judges to deny bail for certain offenses “when the proof is evident or the presumption is great.” Those offenses include acts of terrorism, second-degree murder, aggravated rape, grave torture, vehicular homicide and carjacking, among others that are not explicitly outlined in the text of the bill. 

Tennessee’s constitution currently states that all accused individuals have the right to bail, aside from those accused of committing a capital offense. 

Supporters of the amendment say it would keep cities safer and prevent repeat offenses from criminals, while critics say it could cost the state more money and pose a threat to due process. 

The amendment was brought forth by Senate Majority Leader Jack Johnson (R-Franklin) and was approved to appear on the ballot by the Tennessee General Assembly’s Republican supermajority in 2025. The proposal is receiving opposition from state Democrats who argue it is contradictory to the legal principle of innocent until proven guilty.

"Holding the accused for months while they await a hearing could result in them losing their jobs and housing, placing an immense strain on them and their families,” says state Rep. Vincent Dixie (D-Nashville) in a statement. Dixie, it's worth noting, has a long career in the bail-bond industry.

“In addition, widespread pretrial detention creates a substantial economic burden, forcing taxpayers to bear the costs of housing, feeding, and providing healthcare for individuals awaiting trial. State legislatures and the federal government have consistently toughened sentences since the 1980s. But results have shown that incarceration alone doesn't reduce crime. If it did, our country would have no crime at all.

House Speaker Cameron Sexton (R-Crossville) said last year he thinks the public is “very much in favor” of the amendment.

“Most people who are opposed to it are the bail bonds companies, which I understand," says Sexton. "But at the end of the day, it's about protecting our citizens.”

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Amendment Two

While Tennessee does not currently impose a state property tax, the second proposed amendment on this year’s ballot would prohibit the state from instating such a tax in the future. 

Proponents of the bill say this would prevent the state from imposing an extra tax on property owners who are already being taxed by their local governments. Opponents worry that eliminating the possibility of a state property tax could be an issue if the state needs an extra source of revenue. 

The proposal received partial bipartisan support in the House last year, though there were no votes from some Democrats. 

“This doesn’t lower your tax bill,” says state Sen. Charlane Oliver (D-Nashville) in a video posted to social media this week. “It doesn’t give you any relief. It’s a solution to a problem that doesn’t even exist. ... It ties the hands of every future lawmaker. Say, in a crisis or economic depression, [the option to impose a state property tax] goes away forever.”

Amendment Three

Marsy’s Law is the third constitutional amendment voters can expect to see on their ballots. The amendment would clarify language in the state constitution to revise the rights of crime victims. 

The amendment outlines 13 rights ensured to victims. Those include the right to be present and heard at all public criminal proceedings involving the accused, the right to be free from harassment or intimidation by the accused, and the right to be notified of the release, transfer or escape of the accused. 

The amendment unanimously passed in the House last year, but received opposition from Senate Democrats in March who said they were worried about the unknown cost and burden on the court system.

Supporters argue it will expand victims’ rights, while opponents argue better policy can be achieved through legislation that can be more easily amended.

“I’m all for protecting victims and survivors of crime, but Tennessee already has victims’ rights in our constitution,” Oliver says. “This rewrites in vaguer language and lets the legislature redefine who counts as a victim whenever it wants.”