Tennessee · November 3, 2026 general election · Statewide ballot measure
Constitutional Amendment #1: what your vote means
Denying bail before trial for certain serious offenses. On every Tennessee ballot. Official sources checked October 21, 2026.
Constitutional Amendment #1 · Legislatively referred constitutional amendment
Denying bail before trial for certain serious offenses
Heads up: voting YES on this measure removes the constitutional right to bail before trial for the additional listed offenses when the proof is evident or the presumption great.
Shall Article I, Section 15 of the Constitution of Tennessee be amended by deleting the following: That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great. And the privilege of the writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion, the General Assembly shall declare the public safety requires it. and substituting instead the following: (a) All prisoners shall be bailable by sufficient sureties unless for the following when the proof is evident or the presumption great: (1) A capital offense; (2) An act of terrorism; (3) Second degree murder; (4) Aggravated rape of a child; (5) Aggravated rape; (6) Grave torture; and (7) Any other offense for which, as of November 3, 2026, a defendant, if convicted, could not be released prior to the expiration of at least eighty-five percent of the entire sentence imposed. (b) In any case in which bail for an offense listed in subsection (a) is granted or denied before conviction, the judge or magistrate shall place in the record the judge's or magistrate's reasons for granting or denying bail. (c) The privilege of the writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion, the General Assembly shall declare the public safety requires it.
Ballot question as published by the Tennessee Secretary of State.
A YES vote means:
Courts could hold defendants without bail before trial when accused of a capital offense, terrorism, second degree murder, aggravated rape of a child, aggravated rape, grave torture, or any offense requiring at least 85% of a sentence to be served, when the proof is evident or the presumption great.
A NO vote means:
All prisoners remain bailable except for capital offenses when the proof is evident or the presumption great.
What it would change
- Who is affected: defendants accused of the listed offenses, courts, and crime victims.
- Record: judges or magistrates must state their reasons for granting or denying bail in these cases.
- Unchanged: the writ of habeas corpus provision.
- Fiscal impact: The Fiscal Review Committee estimates a one-time increase in local expenditures of $9,400 in FY 2026-27 for publishing the longer sample ballot; no other fiscal impact is identified.
Who supports it and who opposes it
These lists come from official campaign filings (registered committees) and public endorsements, each linked to its source. They are not complete, and SaveYourState does not endorse anyone listed. Lists checked October 30, 2026.
Who supports it
Not yet compiled
Who opposes it
- ACLU of Tennessee ACLU of Tennessee: What's on the ballot in Tennessee?
Official sources
- Tennessee Secretary of State: 2026 proposed constitutional amendments (with Attorney General summaries)
- Full text of the amendment (contained in the ballot question), adopted as Senate Joint Resolution 919 (113th General Assembly) and Senate Joint Resolution 25 (114th General Assembly)
- Fiscal note, Fiscal Review Committee (SJR0025)
SaveYourState is independent and nonpartisan, not a government site, and does not take positions on ballot measures. This explainer describes effects only, using the official ballot title, explanatory statement, full text, and fiscal impact statement. If anything here differs from those documents, the official documents control.