The story: When Arlington voters hit the polls on Tuesday, Nov. 3, there’s more on the ballot than candidates. Three proposed amendments to the Tennessee Constitution are listed right after the governor’s race, and each one is a simple yes-or-no question, according to the Tennessee Secretary of State.

The short version: Amendment 1 is about bail, Amendment 2 is about a state property tax, and Amendment 3 rewrites crime victims’ rights. A YES vote adopts the new language. A NO vote keeps the Constitution as it is.

Photo: Kaldari / Wikimedia Commons (public domain)

Amendment 1: Bail for serious crimes

What it does: Right now, the Constitution says all prisoners can get bail, except in capital (death-penalty) cases “when the proof is evident, or the presumption great.” Amendment 1 would let a court also deny bail before trial for people accused of an act of terrorism, second degree murder, aggravated rape of a child, aggravated rape, grave torture, or any crime that, as of Nov. 3, 2026, requires a convicted person to serve at least 85% of their sentence. Judges or magistrates would have to put their reasons for granting or denying bail in those cases on the record.

  • YES: Courts could hold people accused of those crimes without bail, and judges must explain their bail decisions in those cases on the record.
  • NO: The current rule stays: only capital offenses can be denied bail on those grounds.

Amendment 2: No state property tax

What it does: It adds language to Article II, Section 28 saying the Legislature “shall not levy, authorize, or otherwise permit any state tax” on real, personal or mixed property. The wording is about a state tax on property specifically.

  • YES: The Constitution would bar the Legislature from putting a state tax on property.
  • NO: The section stays as written, without that ban.

Amendment 3: Crime victims’ rights

What it does: It replaces Article I, Section 35, the victims’ rights section, with a longer list. According to the Attorney General’s summary, new rights include fair treatment; being informed about and taking part in the parole process; protection from harassment, intimidation and abuse; being told the offender’s minimum sentence and scheduled release date; and having the safety of the victim, their family and the public considered before any parole or release decision. It also keeps or clarifies existing rights, such as notice of proceedings, being present at public proceedings, talking with prosecutors, a speedy resolution and restitution.

The amendment says it does not limit the powers of district attorneys or courts, can’t be used to throw out a conviction, and doesn’t create a claim for damages against the state.

  • YES: The new, expanded list of victims’ rights replaces the current section.
  • NO: The current victims’ rights section stays as it is.

How an amendment passes

This is the part that trips people up. Under the rules laid out by the Secretary of State, an amendment needs both:

  1. More YES votes than NO votes, and
  2. YES votes totaling more than half of all votes cast in the governor’s race.

So the state adds up every vote cast for every governor candidate and divides by two, and an amendment’s YES votes have to beat that number. If either test fails, the Constitution stays unchanged.

All three made it to the ballot after being approved by two separate General Assemblies (the 113th and 114th).

Voting in Arlington on Tuesday

  • Hours: Polls in Shelby County are open 7 a.m. to 7 p.m. on Election Day, per the Shelby County Election Commission.
  • Where: On Election Day, you must vote at your assigned polling place. If you’ve moved, double-check yours. Look it up at the state’s voter lookup, tnmap.tn.gov/voterlookup.
  • Bring: A photo ID. The Election Commission says you’ll need to show one to the poll worker.

Sources: Tennessee Secretary of State: Proposed Constitutional Amendments (full ballot text and Attorney General summaries) · Shelby County Election Commission: General Information About Voting