The Tennessee Secretary of State’s Office released the language for three proposed constitutional amendments that will appear on the November 3rd ballot, giving voters an opportunity to review the measures ahead of Election Day.
The three amendments address pretrial bail, state property taxation, and constitutional rights for crime victims.
Each amendment will appear on the ballot as a separate yes-or-no question. A “yes” vote would amend the Tennessee Constitution according to the proposed language, while a “no” vote would leave the current constitutional language unchanged.
The first proposed amendment would modify Article I, Section 15, concerning bail. If approved, courts could hold defendants without bail before trial in cases involving a capital offense, an act of terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture, or an offense for which a convicted defendant could not be released before serving at least 85 percent of the sentence.
The amendment would also require a judge or magistrate to state on the record the reasons for granting or denying bail in those cases.
The second amendment would amend Article II, Section 28, to prohibit the Tennessee General Assembly from levying, authorizing, or otherwise permitting a state tax on real, personal, or mixed property.
The third amendment, known as “Marsy’s Law,” would replace Article I, Section 35, which addresses the rights of crime victims.
The proposed amendment would establish additional constitutional rights, including the right to fair treatment; notice of, and participation in, criminal and juvenile proceedings; participation in parole proceedings; protection from harassment and intimidation; notification of an offender’s release or escape; restitution; and a speedy resolution of the case.
It would also provide crime victims with the right to be informed of the minimum sentence an offender will serve and the scheduled release date, while requiring consideration of the safety of the victim, the victim’s family, and the public before certain parole or other post-judgment release decisions.
For any amendment to become part of the Tennessee Constitution, it must receive more “yes” votes than “no” votes and more “yes” votes than one-half of all votes cast for governor.
Secretary of State Tre Hargett encouraged Tennessee voters to review the proposed amendments and their summaries before Election Day.
The Secretary of State’s Office has published the ballot questions, summaries, and full proposed amendment language on its website.
Voter registration for the general election ends Monday, October 5.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network.
Photo “Voter” by Lorie Shaull. CC BY 4.0.
