Constitutional amendments
Three proposed changes to the Tennessee Constitution are on the November 3, 2026 ballot.
How an amendment passes. Each amendment is a yes-or-no question listed directly after the governor's race. It passes only if both are true:
- it gets more "yes" votes than "no" votes, and
- its "yes" votes are more than half of all votes cast in the governor's race.
Because of the second rule, leaving an amendment question blank works against it the same way a "no" vote does. Source: Tennessee Secretary of State.More on how this guide works.
Amendment 1: Bail eligibility
Article I, Section 15
Today the Tennessee Constitution guarantees bail before trial for every charge except capital offenses when the proof is evident or the presumption great. This amendment would let a judge hold a person without bail before trial for a longer list of charges — terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture, and any offense that, as of November 3, 2026, requires a convicted person to serve at least 85% of the sentence — when the proof is evident or the presumption great.
Amendment 2: Ban on a state property tax
Article II, Section 28
Tennessee has not collected a state-level property tax since 1949, but the legislature could create one today with an ordinary law. This amendment would write a ban on any state property tax into the Constitution, so a future state property tax would require another constitutional amendment approved by voters.
Amendment 3: Crime victims' rights
Article I, Section 35
Tennessee's Constitution has listed rights for crime victims since 1998. This amendment would replace that section with a longer list of 13 rights, adding rights in the parole process, protection from harassment, notice of the offender's minimum sentence and release date, and consideration of safety before release.