The Tennessee General Assembly approved three constitutional amendments for the Nov. 3, 2026, ballot on April 21. The amendments address three issues: crime victims’ rights, bail eligibility for criminal offenses, and a ban on state property taxes. Legislators needed to approve the amendments in two consecutive sessions to place them on the ballot. The votes on April 21 provided the second and final approval to refer the measures to voters.
SJR 9: Marsy’s Law Crime Victims’ Rights Amendment
The first amendment, passed as Senate Joint Resolution 9 (SJR 9), would add new rights for crime victims to the state constitution. These expanded rights are based on Marsy’s Law. This is the first Marsy’s Law to be included on a state ballot since 2020.
On March 3, 2025, the state Senate passed SJR 9 with a vote of 27-5; 27 Republicans voted ‘Yes,’ and five Democrats voted ‘No.’ On April 21, 2025, the amendment passed the state House with a vote of 93-0; 72 Republicans and 21 Democrats voted yes.
State Sen. John Stevens referenced a need for protection for victims when he said, “Tennessee crime victims are not given the same amount of protection as convicted criminals. Marsy’s Law will ensure that victims have equal access to justice.” Former state Rep. Patsy Hazlewood agreed, stating, “No criminal should have more rights than the victim, and Marsy’s Law simply will ensure that won’t happen.”
The National Association of Criminal Defense Lawyers stated that amendments modeled after Marsy’s Law create a definition of a victim’s right to privacy that is too broad, which “erodes the availability of public safety information.” They also state that the broadened definition of privacy can be used to withhold “the identity of police officers involved in the use of force while performing their duties.” They state this gives law enforcement officers unfair dual protection through their “rights as individual victims, while at the same time being afforded protections because of their status as police.”
SJR 25: Remove Right to Bail for Certain Criminal Offenses Amendment
The second amendment, passed as Senate Joint Resolution 25 (SJR 25), would expand the circumstances under which a judge can deny an individual’s right to bail if the “presumption of guilt is great.” Currently, bail can only be denied to defendants accused of capital offenses. Under the constitutional amendment, the list of offenses where a judge can deny bail would include acts of terrorism, second-degree murder, aggravated rape of a child, and grave acts of torture. The right to bail could also be removed for any crime where an individual, if convicted, could not be released from custody until they have served at least 85% of their sentence. In instances where the judge denies bail, they would be required to submit a record of their reasoning.
On March 17, 2025, the state Senate passed SJR 25 with a vote of 23-6, with one Republican senator not voting; 23 Republicans voted yes, and one Republican and five Democrats voted no. On April 21, 2025, the amendment passed the state House with a vote of 84-10, with one Republican representative not voting; 71 Republicans and 13 Democrats voted yes, and 10 Democrats voted no.
House Speaker Cameron Sexton, who supports SJR 25, stated that the amendments passing is a “win for public safety and reducing recidivism across our communities.” He also said, “There are examples from all across our state of violent criminals, even repeat violent criminals, making bail and then reoffending while out on bail.”
State Rep. Justin Pearson, who opposes the amendment, said permitting judges to deny an accused person bail could introduce bias into the courtroom. He said, “judges are imperfect people with their own biases,” which can introduce “a disproportionate harm on poor folks, a disproportionate harm on Black folks, on Latino folks.” He included, “When we talk about safety and protecting people, we also have to protect the people who are being sentenced who have not committed the crime for which they are being accused.”
SJR 1: Prohibit State Property Taxes Amendment
The third amendment, passed as Senate Joint Resolution 1 (SJR 1), would prohibit the legislature from levying a state tax on real property. There is currently no statewide property tax, though the legislature has the power to create one. There are county and municipal property taxes in Tennessee. If the amendment is approved by voters, the legislature would not be able to create a property tax without again amending the state constitution. This would require at least two sessions of the Tennessee General Assembly, a two-thirds approval by the house and the senate, and majority voter approval.
On March 26, 2025, the state Senate passed SJR 1 with a vote of 26-5, with one Republican senator not voting; 26 Republicans voted yes and five Democrats voted no. On April 21, 2025, the amendment passed the state House, with a vote of 89-6; 72 Republicans and 17 Democrats voted yes, and six Democrats voted no.
The Tennessee Stands Organization supports the amendment. In a statement on their website, they state, “[SJR 1] strengthens protections for property owners, ensures that future legislatures cannot revive a state property tax, and reinforces the principle that private property rights should never be subject to excessive government taxation or the threat of confiscation.”
State Sen. Heidi Campbell said the constitutional amendment could threaten existing state revenue. She said, “There’s really no need for a constitutional amendment. [Tennessee] hasn’t taxed property for decades. If we pass this and somebody decides that this is legally applicable to that then we could lose millions in revenue, and every time we do something like that it also threatens our bond rating.”
Tennessee state law requires that potential constitutional amendments pass both chambers of the legislature in two consecutive legislative sessions before being placed on the ballot. All three amendments were first passed in the 2023-2024 legislative sessions before being approved on April 21, 2025.
There was a fourth constitutional amendment that was proposed for the 2026 ballot. The amendment would have permitted the investment of state funds in private stocks and equities. While the amendment was introduced and approved by both chambers of the legislature during the 2022 session, it was not approved by either chamber in 2023 or 2024, and as such, failed to make the 2026 ballot.
Since 1985, 15 legislatively referred constitutional amendments have been on the ballot in Tennessee. Those amendments have a 100% approval rate. The average number of ballot measures seen by voters at an election is between one and two. The last time Tennessee voters decided a constitutional amendment was in Nov. 2022, when four amendments were approved.
There are no other constitutional amendments awaiting approval to be placed on the ballot. Additionally, due to the two-session requirement, no more constitutional amendments can be placed on the ballot for the 2026 general election. Amendments can also only be placed on the ballot in the same general election as a gubernatorial race. Thus, the earliest any newly introduced constitutional amendments would be seen by voters is Nov. 2030.
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