Tennessee’s Three Constitutional Amendments Explained
2026 VOTER GUIDE • DICKSON COUNTY • NOVEMBER 3, 2026
Tennessee voters will decide on three proposed changes to the state Constitution in the November 3 election.
The language on the sample ballot can be confusing. Here’s what each amendment actually means in everyday language, including exactly what happens if you vote YES or NO.
Amendment #1: Who can be held in jail without bail?
Criminal justice
The simple explanation:
Currently, Tennessee’s Constitution generally guarantees people accused of crimes the opportunity for bail before trial, except in certain capital cases.
Amendment #1 would expand the types of serious crimes for which judges can deny bail. These include second-degree murder, terrorism, aggravated rape, aggravated rape of a child, grave torture, and certain other serious offenses.
Remember, bail is what allows someone accused of a crime to be released from jail while waiting for trial. Being charged does not mean someone has been convicted.
Voting YES
You support changing the Constitution so judges can deny bail for the additional serious offenses listed in the amendment, when the required legal standard is met.
Voting NO
You support keeping the current constitutional protection for bail, without adding those additional offenses as exceptions.
An example: Someone is arrested and charged with second-degree murder. Under the proposed amendment, a judge could deny that person bail before trial if the required evidence standard is met. The judge would not automatically have to deny bail and would have to explain the decision on the record.
The central question: Should Tennessee’s Constitution allow judges to deny bail for more categories of serious crimes?
Amendment #2: Should Tennessee ban a state property tax?
Taxes and government
The simple explanation:
Tennessee residents already pay property taxes to local governments, including counties and cities. Those taxes help fund services such as schools, roads and emergency services.
But Tennessee currently does not collect a statewide property tax.
Amendment #2 would put a prohibition against a state property tax directly into Tennessee’s Constitution, preventing the General Assembly from creating one through ordinary legislation.
Voting YES
You support adding a constitutional prohibition on the Tennessee state government imposing a property tax.
Voting NO
You support leaving the Constitution unchanged, meaning state lawmakers would retain their existing authority to establish a state property tax through legislation.
An example: Imagine Tennessee lawmakers wanted to create a statewide property tax in the future. If this amendment passes, they could not simply pass a regular law to do it. Another constitutional change would be necessary.
Important: Voting YES would not eliminate your existing Dickson County or city property taxes. This amendment concerns taxes imposed by the state government, not existing local property taxes.
The central question: Should Tennessee prohibit state property taxes in its Constitution, or leave that decision to future lawmakers?
Amendment #3: Should crime victims have additional constitutional rights?
Victims’ rights
The simple explanation:
Tennessee’s Constitution already provides certain rights to victims of crimes.
Amendment #3, associated with an effort known as Marsy’s Law, would replace the existing constitutional language with a longer and more detailed list of 13 rights.
These would include rights related to:
Being notified about court proceedings.
Attending public court hearings.
Having an opportunity to speak during certain proceedings.
Receiving information about an offender’s release.
Receiving restitution from an offender.
Being protected from harassment and intimidation.
Having safety concerns considered in parole decisions.
Voting YES
You support replacing Tennessee’s existing constitutional victims’ rights section with the expanded list of 13 rights.
Voting NO
You support keeping Tennessee’s current constitutional protections for crime victims rather than adopting the proposed expanded version.
An example: Imagine someone is the victim of a violent crime. Under the amendment, that victim would have explicit constitutional rights to certain information about the offender’s parole process and to have their safety considered before an offender’s release.
The proposal also states that defendants’ due-process rights must continue to be protected. It would not make victims parties to criminal prosecutions or give them control over prosecutors’ decisions.
The central question: Should Tennessee expand and strengthen the specific rights guaranteed to crime victims in its Constitution?
At a Glance: What Your Vote Means
Amendment #1: Bail
Voting YES would expand the list of serious crimes for which judges can deny bail to people awaiting trial. Voting NO would keep Tennessee’s current constitutional bail protections in place without adding those additional crimes.
Amendment #2: Property Taxes
Voting YES would amend Tennessee’s Constitution to prohibit the state government from imposing a statewide property tax. Voting NO would leave the Constitution unchanged, preserving state lawmakers’ existing authority over property taxation. This amendment would not eliminate existing city or county property taxes.
Amendment #3: Victims’ Rights
Voting YES would replace Tennessee’s current constitutional protections for crime victims with an expanded list of 13 specific rights, including notification of court proceedings, participation in certain hearings, and information about an offender’s release. Voting NO would keep the state’s existing constitutional language protecting crime victims.
All three amendments will appear on the November 3, 2026, general election ballot. Voters can vote YES or NO on each amendment separately.
One more important thing: How amendments pass
Tennessee has an unusual rule. For a constitutional amendment to pass, it must meet both requirements:
Receive more YES votes than NO votes.
Receive YES votes totaling more than half the number of votes cast in the governor’s race.
For example, if 2 million votes are cast for governor, an amendment would need more than 1 million YES votes, even if relatively few people vote NO.
This means that skipping an amendment question is different from voting NO, but it can still make the amendment harder to pass.
For further reading, the Tennessee General Assembly’s official legislative summary describes all three proposals.
These explanations are based on the Dickson County sample ballot and the proposed constitutional language, without recommending how anyone should vote.