Tennessee will be 15th state to decide on a Marsy’s Law ballot question

By

Victoria Antram

Tennessee voters will decide on a ballot question to add a list of crime victims’ rights to its state constitution, also known as  Marsy’s Law, in November 2026. Tennessee will be the 15th state to decide on a Marsy’s Law ballot measure.

The effort to institute Marsy’s Law across the U.S. has been primarily backed by Henry Nicholas, co-founder of Broadcom Corporation. Henry’s sister, Marsalee (“Marsy”) Nicholas, was murdered by her ex-boyfriend in 1983. A week later, Henry and his mother encountered Marsy’s ex-boyfriend at a grocery store after he was released on bail; they were unaware of his release. In 2009, Henry founded Marsy’s Law for All LLC, the national organization advocating for Marsy’s Law. 

Since 2008, Marsy’s Law measures have appeared on the ballot 15 times across 14 states. Of the 15 measures, five were placed on the ballot by a citizen-initiated petition in California, Montana, North Dakota, Ohio, and South Dakota, while the other 10 measures were referred to the ballot by the state legislature or a constitutional commission. It was approved but overturned by state courts in Kentucky, Montana, and Pennsylvania. 

The following is the list of states where Marsy’s Law was featured and approved:

In 2018, a circuit court judge in Kentucky blocked votes from being certified for the amendment because it found that the ballot language failed to inform the electorate of the amendment’s substance. The Kentucky Supreme Court upheld the lower court’s decision. In 2020, voters in Kentucky approved Marsy’s Law for a second time, with the new ballot measure including the complete text of the amendment.

In Montana, the state Supreme Court ruled in 2017 that the amendment was unconstitutional after voters approved it in 2016. The court ruled that, by requiring a single yes or no vote on multiple issues, the initiative did not give voters the chance to be heard on each proposed constitutional change.

In Pennsylvania, the state Supreme Court upheld a lower court’s ruling that found the 2019 amendment violated the state’s separate-vote requirement for constitutional amendments. The ballot measure received 74% of the vote. Results were never certified for the ballot measure pending the court case.

Ballotpedia identified $115.56 million in total contributions to the support campaigns for the 15 Marsy’s Law ballot measures. Henry Nicholas and Marsy’s Law for All, along with the organization’s state branches, provided financial support for the ballot measures.

The key provisions of Marsy’s Law include:

  • The right to be notified about and present at proceedings;
  • The right to be heard at proceedings involving release, plea, sentencing, disposition, or parole of the accused;
  • The right to have the safety of the victim and victim’s family considered when making bail or release decisions;
  • The right to be protected from the accused;
  • The right to be notified about release or escape of the accused;
  • The right to refuse an interview or deposition at the request of the accused;
  • The right to receive restitution from the individual who committed the criminal offense.

In Tennessee, the state Legislature must pass a constitutional amendment during two successive legislative sessions with an election in between. During the first legislative session, a simple majority vote is required in both legislative chambers. During the second legislative session, a two-thirds vote is required in both legislative chambers. 

The amendment was first introduced during the 2023-2024 legislative session and passed with three legislators opposing it. During the 2025-2026 legislative session, it passed with all but five Democratic senators voting in favor of it. At the Nov. 3 election, the amendment must be approved by a majority of voters, and the number of “yes” votes must be a majority of the total votes at the gubernatorial election.

Additional reading: