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TENNESSEE CONSTITUTION · TUE, NOV 3, 2026Memphis & West TN Central Labor Council, AFL-CIO
published by LaborEducation.org
Memphis & West Tennessee Labor Council

3 Amendments. Vote No on All 3.

The Tennessee AFL-CIO recommends NO on all three, and so does this analysis. They are printed at the very end of your ballot, right after the governor's race, and a change to the Constitution outlasts every politician on the same page. Here is what each one does.

Skipping the question is a no

An amendment must get more yes than no and yes votes totaling more than half of all votes cast in the governor's race. Vote for governor and skip the amendments and your ballot still counts in that total. Vote all the way to the end.

1BailVOTE NO

Lets a court hold a person without bail before trial on six named offenses — capital, terrorism, second degree murder, aggravated rape of a child, aggravated rape, grave torture — plus any offense requiring at least 85% of the sentence served, frozen to the list as it stands on Nov 3, 2026.

Yes: Courts can deny bail on all of those charges.No: Current rule stands — bail except capital cases.

A charge is not a conviction, but months in pretrial custody ends the job and the family's health coverage. TDOC had 41 Tennessee jails at 90% capacity or higher in July 2026, and paid $161.7M in county jail reimbursements last fiscal year.

2State property taxVOTE NO

Writes a permanent ban on a state property tax into the constitution. Tennessee has not levied one since 1949. City and county property taxes are not affected and are not on this ballot.

Yes: The legislature can never levy a state property tax.No: Nothing changes today; the unused authority stays.

The same section already bans any tax on payroll or earned income (2014). Lock property too and sales tax is all that's left — the tax our members pay the biggest share of their income on. Schools stay tied to local bases, and Memphis already pays the steepest local rates in the state.

3Crime victims' rightsVOTE NO

Deletes the current victims' rights section and replaces it with thirteen rights enforceable in court. The General Assembly defines who counts as a victim and may expand that definition. This is the Marsy's Law model.

Yes: The thirteen-right list replaces Article I, Section 35.No: The existing victims' rights section stays.

Picket lines generate criminal complaints. If a supervisor is the complainant, right (6) covers protection from “the accused or any person acting on behalf of the accused” — broad enough to reach a rep. Thirteen enforceable duties arrive with no money for the clerks and DA staff who must carry them.

EARLY VOTING OCT 14 – 29 · ELECTION DAY TUE NOV 3, 7am – 7pm · BRING A PHOTO ID
Your polling place & sample ballot:
web.go-vote-tn.elections.tn.gov/search
Recommended NO on all three, standing with the Tennessee AFL-CIO. Ballot text, what each vote does and what is at stake for working families — detail on the back.
Scan for the full guide
laboreducation.org/
amendments-2026
TENNESSEE CONSTITUTION · TUE, NOV 3, 2026Memphis & West TN Central Labor Council, AFL-CIO
published by LaborEducation.org
Memphis & West Tennessee Labor Council

Why no, amendment by amendment

Amendment 1 — what to know
  • No attendance or job-abandonment clause in our contracts survives months in pretrial custody. Just cause cannot protect a member who cannot report to work.
  • Our corrections and deputy members absorb the added population: mandatory overtime, worse ratios, more assaults, more turnover.
  • Because the text reads “at least 85%,” it also captures the 100%-service offenses — including aggravated robbery and aggravated child abuse. Voters see six crimes printed and one cross-reference to the sentencing code.
  • The other way: the catch-all is frozen as of Nov 3, 2026, so no future legislature can widen it by statute, and judges must state their reasons on the record either way.
  • On record: Tennessee AFL-CIO recommends NO. ACLU of Tennessee opposes. Tennessee Republican Party supports.
Amendment 2 — follow the money
  • Raised for YES through June 30, 2026: Tennessee Realtors $50,000 · Tennessee Chamber $25,000 · Farm Bureau $25,000 · Beacon Center $5,000. Total $109,500. Raised against it: $0, with no opposition committee registered.
  • Also endorsing YES: Americans for Prosperity–TN, Americans for Tax Reform, NFIB–TN, Beacon Center.
  • It does not lower anybody's current bill by a dollar — the bill a Memphis homeowner pays is local, and this cannot touch it.
  • Renters get nothing: residential buildings with two or more units are assessed as commercial at 40% under this same section. Property tax is already in the rent.
  • The other way: nobody is proposing a state property tax, local taxes are untouched, and a NO vote does not create a tax.
  • On record: Tennessee AFL-CIO recommends NO. ACLU of Tennessee takes no position. Tennessee Republican Party supports.
Amendment 3 — the questions nobody is asking
  • Right (9) creates a constitutional interest in speedy disposition. A member fighting a picket-line charge usually needs time; pressure for speed is pressure to plead.
  • Rights (4), (5) and (11) give victims a formal role in release and parole, which tends to mean longer custody — straight into our second-chance and pre-apprenticeship pipelines.
  • Thirteen enforceable rights with no appropriation. Court clerks, DA victim-witness staff and parole staff do the work. No fiscal note for Shelby County has been produced.
  • What Tennessee left out matters: there is no anonymity or confidentiality right in the thirteen. That clause is how Florida agencies hid officers' names in use-of-force cases until their Supreme Court stopped it in Nov 2023, and how South Dakota's court allowed it in Apr 2026. But the definition of “victim” belongs to the legislature and may be expanded.
  • The other way, from the text itself: it “must be interpreted to preserve and protect the rights of all persons to due process,” creates no basis for vacating a conviction, no cause of action for damages, does not restrict the District Attorney General or the court, and a victim asserts rights “not as a party.”
  • On record: Tennessee AFL-CIO recommends NO. ACLU of Tennessee opposes, with the sharpest concern in juvenile cases. Tennessee Republican Party supports.
Sources. Tennessee Secretary of State, Proposed Constitutional Amendments (full text and the passage threshold) · ACLU of Tennessee, “What's on the ballot in Tennessee?” (Oct. 5, 2026) · Tennessee Republican Party · Ballotpedia campaign finance, reported through June 30, 2026 · TN Dept. of Correction Jail Summary, July 2026 and Annual Report 2024–25 · Tennessee Comptroller property tax rates · Tenn. Code Ann. § 40-35-501 · Florida Supreme Court No. SC2021-0651 (Nov. 30, 2023) · South Dakota Supreme Court (Apr. 22, 2026).
Recommendation of the Memphis & West Tennessee AFL-CIO Central Labor Council
Standing with the Tennessee AFL-CIO · Published by LaborEducation.org · laboreducation.org/amendments-2026
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