NASHVILLE, Tenn. (WTVF) — Tennessee voters have more than just candidates to consider on Election Day, Tuesday, Nov. 3. They're also being asked to decide on three changes to the state's constitution.
The proposed amendments deal with three very different issues: whether people accused of certain crimes can be held in jail without bail, whether Tennessee can create a state property tax and what rights crime victims have in the justice system.
The wording on the ballot can be confusing, especially because a "yes" or "no" vote may not mean what voters first assume.
Here's a breakdown of what each amendment would actually change.
Amendment 1: Who can be held in jail without bail?
What does it mean?
Amendment 1 would give judges more power to deny bail to people accused of certain serious crimes while they wait for trial.
Bail allows someone charged with a crime to be released from jail while their case moves through the court system, usually with certain conditions.
Right now, Tennessee's Constitution generally guarantees the right to bail, except for capital offenses, such as crimes punishable by death, when the evidence meets a high legal standard.
Amendment 1 would expand that exception to include several other serious offenses, such as:
- Second-degree murder
- Aggravated rape
- Aggravated rape of a child
- Acts of terrorism
- Grave torture
- Other crimes that require someone who is convicted to serve at least 85% of their sentence before being eligible for release
That last category covers additional serious crimes beyond those specifically named in the amendment.
Here's an example: If someone is charged with aggravated rape, they generally have a constitutional right to bail under the current rules, although a judge can set conditions on their release.
If Amendment 1 passes, a judge could instead deny bail entirely if the required legal standard is met. That means the person could remain in jail while awaiting trial.
But there's an important distinction: The amendment would not automatically deny bail to everyone accused of these crimes. Judges would still make those decisions individually and would be required to explain their reasoning on the court record.
The amendment also concerns people who have been accused of crimes, not necessarily convicted.
What does your vote mean?
- YES: Judges would have the option to deny bail for more serious criminal charges.
- NO: The current constitutional rules would remain in place, generally protecting the right to bail except in capital cases.
Amendment 2: Could Tennessee create a state property tax?
What does it mean?
Amendment 2 would prohibit Tennessee lawmakers from creating a state property tax.
Here's what makes this amendment a little confusing: Tennessee doesn't currently collect a state property tax.
The state eliminated that tax in 1949, but the legislature still has the authority to bring it back.
Amendment 2 would put a ban on state property taxes directly into the Tennessee Constitution, making it much harder for future lawmakers to introduce one.
Would your existing property taxes go away?
No. This amendment would not eliminate the property taxes that homeowners and other property owners currently pay to counties or cities.
Those are local property taxes, which help pay for services such as schools and local government operations.
The amendment only concerns a tax imposed at the state level. It also would not prevent Tennessee from collecting other taxes, such as sales taxes.
What does your vote mean?
- YES: The state legislature would be constitutionally prohibited from creating a state property tax.
- NO: The constitution would remain unchanged. Tennessee would still have no state property tax, but lawmakers would retain the authority to create one in the future.
Amendment 3: What rights should crime victims have?
What does it mean?
Amendment 3 would expand and clarify the rights of crime victims under Tennessee's Constitution.
Crime victims already have constitutional protections in Tennessee, including rights to information about their cases, opportunities to participate in certain court proceedings and protection from harassment.
Amendment 3 would replace those existing provisions with a longer and more detailed list of rights.
Among other things, it would give victims additional or more clearly defined rights to:
- Receive updates about court proceedings and an offender's release
- Attend public court proceedings and be heard at certain hearings
- Participate in the parole process
- Be protected from harassment, intimidation and abuse
- Receive restitution, or money an offender is ordered to pay for losses caused by a crime
- Be informed about how much time an offender must serve and when they're scheduled for release
- Have their safety and their family's safety considered before an offender is released
- Speak with prosecutors about their cases
Here's an example: Someone whose family member was killed in a crime may want to know when the person convicted is eligible for parole and have an opportunity to speak about how their release could affect the family.
Amendment 3 would strengthen and more clearly establish victims' rights to receive that information and participate in the process.
The proposal is associated with Marsy's Law, a national effort to expand constitutional protections for crime victims.
Would this take away the rights of people accused of crimes?
The amendment specifically says it would not eliminate defendants' due process rights, which are legal protections meant to ensure people are treated fairly in the justice system.
However, some opponents are concerned that expanding victims' rights within criminal proceedings could create conflicts with the rights of people who have not been convicted.
What does your vote mean?
- YES: The constitution would include an expanded, more detailed list of crime victims' rights.
- NO: Tennessee's existing constitutional protections for crime victims would remain unchanged.
How do constitutional amendments pass in Tennessee?
Each amendment appears as a separate yes-or-no question on the ballot.
But getting more yes votes than no votes isn't enough for a constitutional amendment to pass in Tennessee.
An amendment must also receive a number of yes votes greater than half of all votes cast in the governor's race.
That means an amendment could receive more yes votes than no votes and still fail if it doesn't meet the second requirement.
Voters can make their own decisions on each amendment, regardless of which candidates they support.
Where can I read the full amendments?
Voters can find the exact wording of all three amendments on the Tennessee Secretary of State's website.
They can also check their polling location and sample ballot through GoVoteTN.
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