Three Changes to the Tennessee Constitution Are on the November 3 Ballot. The First Would End the Automatic Right to Bail for Dozens of Crimes.

MEMPHIS, Tenn. - When early voting opens Wednesday, October 14, Tennessee voters will find three proposed constitutional amendments on the November 3 ballot, each certified by the Secretary of State after passing two successive General Assemblies. The three would change who can be jailed without bail before trial, whether the state can ever tax property, and what rights crime victims hold in court.

Amendment 1 is the furthest-reaching. The Tennessee Constitution's Article I, Section 15 currently guarantees that "all prisoners shall be bailable by sufficient sureties" except in capital cases where the proof is evident or the presumption great. The amendment, advanced as Senate Joint Resolution 919 and confirmed as Senate Joint Resolution 25, would strike that language and let courts deny bail outright for a listed set of offenses: 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 convicted defendant must serve at least 85 percent of the sentence before release. Judges and magistrates would be required to state their reasons for granting or denying bail on the record in those cases, and would retain discretion to grant bail even for listed crimes.

That final catch-all category is where the fight is. Frank Lannom, a defense attorney and former president of the Tennessee Association of Criminal Defense Lawyers, told WSMV he counts roughly 60 offenses in the 85 percent service category. Lannom argues the change trades a constitutional guarantee for a false sense of safety, noting that many people charged with bail-eligible offenses see their cases dismissed or resolved without jail time. Verna Wyatt, co-founder of Tennessee Voices for Victims, supports the amendment and says violent crimes committed by defendants out on bond happen too often; her sister-in-law was killed by a man who was out on bail awaiting trial.

Amendment 2, advanced as House Joint Resolution 81 and confirmed as Senate Joint Resolution 1, would amend Article II, Section 28 to prohibit the state from levying any property tax. Property taxes in Tennessee are levied by counties and cities, and the amendment would not affect those local levies; it would close the door on a state-level property tax permanently.

Amendment 3, advanced as House Joint Resolution 94 and confirmed as Senate Joint Resolution 9, would delete Article I, Section 35 and replace it with an expanded crime victims' rights section: fair treatment, a role in the parole process, protection from harassment and intimidation, notice of the minimum sentence and scheduled release date, and consideration of victim, family, and public safety in release decisions, alongside existing rights to notice, presence, restitution, and conferral with prosecutors. The text states it does not restrict prosecutors or courts, does not create a damages claim against the state, and does not create a basis for vacating a conviction.

Passing is harder than a simple majority. Under Article XI, Section 3 of the Tennessee Constitution, an amendment must receive yes votes amounting to a majority of all votes cast in the governor's race on the same ballot, so a voter who votes for governor but skips an amendment question adds to the threshold without contributing a yes vote. The amendment must also receive more yes votes than no votes.

Why It Matters for Memphis

Shelby County runs the state's largest jail, and 201 Poplar has been over capacity since the federal task force surge began. Amendment 1 would hand Shelby County judges constitutional authority to deny bail across the 85 percent offense list, a change that would act directly on the jail's population, the Sheriff's budget, and the pretrial detention litigation already in federal court. Shelby County voters will find all three amendments directly after the governor's race, separate from the six county ballot questions.

The Oversight Question

A constitutional amendment is permanent in a way no statute is. The question for voters is not whether bail policy, tax policy, or victims' services need work, but whether these specific words belong in the state's founding document, where only another two-General-Assembly, statewide-vote cycle can change them.

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