Three proposed amendments to the Tennessee Constitution will appear on the Nov. 3, 2026 ballot in Murfreesboro and across Rutherford County. The Tennessee Secretary of State lists them as Amendment 1 on pretrial bail, Amendment 2 on a state property tax and Amendment 3 on crime victims' rights.
Each amendment is a yes-or-no question. According to the Secretary of State, a "yes" vote is a vote to change the Constitution and adopt the proposed language, and a "no" vote keeps the current language unchanged. The amendments are listed on the ballot directly after the candidates for governor.
This guide walks through what each amendment would change, using the official ballot language and the summaries the Tennessee Attorney General prepared. OnlyInMurfreesboro does not take a position on any of them.
How does a Tennessee constitutional amendment pass?
Passing a constitutional amendment in Tennessee takes more than a simple majority. The Secretary of State says both of these must happen:
- The amendment must receive more "yes" votes than "no" votes; and
- The number of "yes" votes must be more than half of all votes cast in the governor's race.
To find the threshold, all votes cast for all candidates for governor are added together and divided by two. An amendment passes only if its "yes" total beats its "no" total and also tops that number. If either test fails, the amendment does not pass and the Constitution stays as it is.
That second test is why the governor's race matters to the amendments. A voter who casts a ballot for governor but skips an amendment question is counted toward the governor total, which raises the number of "yes" votes the amendment needs.
Amendment 1: Pretrial bail for certain serious offenses
Amendment 1 would rewrite Article I, Section 15 of the Tennessee Constitution. It was proposed by Senate Joint Resolution 919 of the 113th General Assembly and Senate Joint Resolution 25 of the 114th.
The current section says all prisoners are entitled to bail by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. The proposed language keeps that general rule but expands the list of exceptions. A defendant could be held without bail before trial, when the proof is evident or the presumption great, if accused of:
- A capital offense
- An act of terrorism
- Second degree murder
- Aggravated rape of a child
- Aggravated rape
- Grave torture
- Any other offense for which, as of Nov. 3, 2026, a person convicted could not be released before serving at least 85 percent of the sentence
The amendment also requires a judge or magistrate to put the reasons for granting or denying bail on the record in any of those cases. The existing protection for the writ of habeas corpus stays in the section.
Amendment 2: A ban on a state property tax
Amendment 2 would change the first sentence of Article II, Section 28, the section that covers property taxation. It was proposed by House Joint Resolution 81 of the 113th General Assembly and Senate Joint Resolution 1 of the 114th.
The Attorney General's summary says the amendment adds text prohibiting the Legislature from imposing a state property tax on real, personal or mixed property. The new wording would say the Legislature "shall not levy, authorize, or otherwise permit any state tax upon such property." The rest of the sentence keeps its existing statement that property is subject to taxation under the section's provisions.
The amendment's language is aimed at a state-level tax. The ballot text does not refer to county or city property taxes.
Amendment 3: Crime victims' rights
Amendment 3 would delete Article I, Section 35 in its entirety and replace it with a new crime victims' rights section. It was proposed by House Joint Resolution 94 of the 113th General Assembly and Senate Joint Resolution 9 of the 114th.
The proposed section lists 13 rights for a victim, as defined by law. According to the Attorney General's summary, the new rights include the right to be treated with fairness; to be informed about and participate in the parole process; to be free from harassment, intimidation and abuse; to be told the minimum sentence the offender will serve and the scheduled release date; and to have the safety of the victim, the victim's family and the public considered before a parole or other post-judgment release decision.
The summary says the amendment also keeps or clarifies existing rights, including notice of proceedings, being present at public criminal proceedings, notice of a release, transfer or escape, conferring with prosecutors, being heard on release, plea, sentencing and parole, a speedy resolution of the case and restitution from the offender.
The proposed text states that the section does not create a basis for vacating a conviction, does not restrict the powers of the district attorney general or the inherent authority of the court, and does not create a claim for damages against the state, local governments or their officers and employees.
Where can voters read the full text?
The Secretary of State's 2026 amendments page carries each ballot question in full, including the current language that would be deleted and the language that would replace it, plus links to each joint resolution. The same page notes the current Constitution is available in the Tennessee Blue Book.
The page also lists three other resolutions passed by the 114th General Assembly for a possible November 2030 ballot. Those are not on the 2026 ballot and would first need approval by two-thirds of both houses of the 115th General Assembly.
When can Rutherford County voters cast a ballot?
The Rutherford County Election Commission lists early voting from Oct. 14 through Oct. 29, 2026, at nine sites, and Election Day is Tuesday, Nov. 3. OnlyInMurfreesboro's Rutherford County early voting guide has every location, the hours and the photo ID rules. The ballot also includes local races, including the Smyrna, La Vergne and Eagleville municipal elections. The Election Office itself sits on the Public Square, and more county information is on the Rutherford County guide.
Frequently Asked Questions
What are the three Tennessee constitutional amendments on the November 2026 ballot?
Amendment 1 would allow courts to deny pretrial bail for a listed set of serious offenses. Amendment 2 would bar the Legislature from levying or authorizing a state property tax. Amendment 3 would replace the crime victims' rights section of the Tennessee Constitution with an expanded list of rights.
How many votes does a Tennessee constitutional amendment need to pass?
It needs more "yes" votes than "no" votes, and the "yes" votes must be more than half of all votes cast in the governor's race. Both conditions must be met.
What does a "yes" vote mean on a Tennessee amendment?
A "yes" vote adopts the proposed language and changes the Constitution. A "no" vote keeps the current language unchanged.
Where do the amendments appear on the ballot?
The Secretary of State says the proposed amendments are listed directly after the candidates for governor.
Does Amendment 2 affect city or county property taxes?
The ballot language addresses a state tax on real, personal or mixed property. It does not mention county or city property taxes.
When is early voting in Rutherford County?
Early voting runs Oct. 14 through Oct. 29, 2026, and Election Day is Nov. 3, according to the Rutherford County Election Commission.
Sources: Tennessee Secretary of State, 2026 Proposed Constitutional Amendments, Rutherford County Election Commission early voting page.
*Illustration: AI-generated image; not an actual Rutherford County polling place.*