If Tennessee is a government and policy trendsetter, then amending the state Constitution is En Vogue. In 2022, voters considered and passed four constitutional amendments. A right-to-work amendment, though the Tennessee code has long included right-to-work laws; an explicit clarification on succession if the Governor is incapacitated; removal of the language that allowed slavery or involuntary servitude as a form of criminal punishment; and Repeal of the ban on clergy serving in the legislature.
Just four years later, this sacrosanct founding document adopted in 1796 and not amended until 1952 is positioned for another revision, which could add three new amendments. On the November ballot (Early Voting begins October 14th), voters will consider two criminal justice additions and an anti-tax provision. Here is a brief explanation of the proposed amendments.
Amendment 1 – Denial of Bail
Inclusion of Amendment 1 allows the denial of bail to any person arrested and accused of a capital offense, an act of terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture, and any crime for which the defendant, if convicted, would be required to serve 85% of their sentence. These are, of course, heinous crimes, but bail is set based on an accusation, not a conviction. Defendants are presumed innocent until proven guilty. However, unpopular bail decisions by judges in our major cities and horrific, but sensationalized cases of suspects out on bail committing violent crimes are the drivers behind this proposal. Oh, and it might help GOP turnout in the midterms.
Prediction: Passes with 70-75%
Amendment 2 – Prohibition of a State Property Tax
This is surprisingly straightforward in that it specifies that real, personal, and mixed property can be taxed, but the legislature cannot tax it. In other words, there can be no state property tax. Local governments can still levy property taxes in accordance with state law. It is notable that Tennessee has not had a state property tax since 1947. That was a tax for education. Prior to that, the state had a general property tax, which was repealed in 1931. For clarity, no one has proposed a state property tax, and there is no movement afoot. The move is political, rather than policy-driven. Property taxes are almost universally hated, and in places like Memphis and Shelby County, where taxes are relatively high and a significant portion of the population is low-income, they are burdensome. On the other hand, the state constitution bans a state income tax; the state has rolled back the franchise tax, and the sales tax is at nearly 10% in most communities. This amendment is limiting when thinking about economic downturns and the possibility of the state needing to raise revenue to balance the budget.
Prediction: Passes with 80% or more
Amendment 3 – Marsy’s Law
This amendment in essence is an expansion of the 1998 Victim’s Bill of Rights codified in the state constitution. The law is named for Marsalee Ann Nicholas, who was stalked and killed by an ex-boyfriend in 1983. The assailant had been released from jail on bail, but Marsy’s family was not notified. This amendment requires victims to be treated fairly and with respect, to be notified and given the opportunity to participate in parole hearings, to be informed of the minimum sentence the convicted person will serve, to be told of the scheduled release date, and to have their safety and the safety of the community taken into consideration before a convicted person is released. The amendment also clarifies a victim’s existing rights. The first state to adopt Marsy’s Law was California in 2008.
Predictions: Passes with 85%
Not stopping there, the Tennessee General Assembly has three more amendments in the pipeline for the November 2030 ballot. Amending the constitution in the state requires the General Assembly to pass the proposal by majority vote in one session and by two-thirds in the next before it can be placed on the ballot in the next gubernatorial election year. Predictably, one amendment would specify that only citizens of the United States can vote in Tennessee elections. The second proposal would move the date of election for county officials from August to November, which would coincide with the Governor, state legislature, and federal offices. The Assessor of Property is not included. The last amendment would require judges to be residents of the state for 5 years and residents of the county in which they are running for at least one year. So much to look forward to!