KNOXVILLE, Tenn. (WOKI) — In addition to choosing Tennessee’s next governor and voting in several federal, state and local races, Knox County voters will be asked to decide three proposed amendments to the Tennessee Constitution during the Nov. 3 election. Early voting began Oct. 14 and continues through Oct. 29.
The amendments address bail eligibility for certain criminal defendants, state property taxes and crime victims’ rights.
Amendment #1: Bail Eligibility for Serious Crimes
The first amendment would expand the list of offenses for which a judge could deny bail before trial when the evidence is strong. Currently, Tennessee’s Constitution generally guarantees bail except in limited circumstances.
If approved, judges could deny bail for defendants accused of offenses including:
- Capital murder
- Acts of terrorism
- Second-degree murder
- Aggravated rape
- Aggravated rape of a child
- Grave torture
- Other crimes requiring offenders to serve at least 85% of their sentence if convicted
The amendment would also require judges to state on the record why bail was granted or denied in those cases.
Amendment #2: Prohibition on State Property Taxes
Amendment Two would prohibit the Tennessee General Assembly from ever imposing a statewide property tax on real, personal or mixed property.
Tennessee currently does not have a state property tax, although counties and municipalities continue to levy local property taxes. Supporters say the amendment would permanently prevent future state lawmakers from creating one without another constitutional amendment. Local property taxes would not be affected.
Amendment #3: Expanded Rights for Crime Victims
The third amendment, commonly known as Marsy’s Law, would expand and clarify constitutional protections for crime victims.
Among the rights included in the proposal are:
- Fair treatment and respect for victims
- Notice of court proceedings
- The right to attend public criminal proceedings
- Participation in parole hearings
- Protection from harassment, intimidation and abuse
- Notification of an offender’s release or escape
- Consideration of victim and public safety before parole decisions
The amendment would also expand certain protections to victims involved in juvenile cases and provide additional opportunities for victims to be informed throughout the criminal justice process.
How Constitutional Amendments Pass
Under Tennessee law, constitutional amendments face a higher threshold than most ballot questions. To pass, an amendment must receive:
- More “yes” votes than “no” votes; and
- A number of “yes” votes equal to more than half of all votes cast in the governor’s race statewide.
Knox County voters can cast ballots at any early voting location in the county through Oct. 29 before Election Day on Nov. 3.
