Ballot question
Amendment 1: holding defendants without bail for certain offenses
- On the ballot in
- Tennessee
- Vote
- Yes or no
- Election
- Nov 3, 2026
The question, as printed on the ballot
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.
A “Yes” vote means
Courts could deny pretrial bail for capital offenses, terrorism, second degree murder, aggravated rape (including of a child), grave torture and crimes requiring 85% of a sentence served, stating why.
A “No” vote means
The current rule stays: all defendants are entitled to bail except those accused of capital offenses when the proof is evident or the presumption great.
Official plain English statement
This amendment changes Article I, section 15 of the Tennessee Constitution by allowing a court to hold a defendant without bail before trial when that defendant is accused of: an offense punishable by the death penalty, an act of terrorism, second degree murder, aggravated rape of a child, aggravated rape, grave torture, or any crime for which a convicted person would be required to serve eighty-five percent of their sentence. This amendment requires courts to state on the record the reasons for their decision to grant or deny bail in those cases.
Proposed by SENATE JOINT RESOLUTION NO. 919 (113th) & SENATE JOINT RESOLUTION 25 (114th). To pass, an amendment needs more yes than no votes, and more yes votes than half of all votes cast for Governor. The summary is the Attorney General's.
Sources
- Proposed Constitutional Amendments (November 2026 ballot) · Tennessee Secretary of State
The question and plain English statement are copied word for word from official election materials. The Gist does not take a side on ballot questions.