TENNESSEE VOTERS TO DECIDE ON EXPANDING VICTIMS’ RIGHTS IN NOVEMBER CONSTITUTIONAL AMENDMENT
Tennessee voters will head to the polls on November 3, 2026, to decide on Constitutional Amendment 3, a legislatively referred measure that proposes replacing the state’s existing victims’ rights provisions with an expanded, constitutional version of Marsy’s Law.
If approved, Amendment 3 would completely rewrite Section 35 of Article I of the Tennessee Constitution to broaden protections for crime victims throughout the criminal and juvenile justice processes.
Key Protections Under Amendment 3
The proposed amendment would guarantee victims several new and expanded constitutional rights, including:
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Safety & Release Input: Requiring that the safety of the victim, their family, and the general public be considered before any parole or post-judgment release decision is made.
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Sentence Transparency: Guaranteeing the right to be informed of the offender’s minimum sentence and scheduled release date.
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Participation Rights: Securing the right to participate in parole procedures, be heard during release, plea, sentencing, and parole hearings, and receive notice of public proceedings or an offender’s release, transfer, or escape.
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Protections & Restitution: Guaranteeing the right to be free from harassment, intimidation, and abuse, as well as the right to full and timely restitution.
A “Yes” vote supports deleting the current section and replacing it with these expanded rights. A “No” vote opposes the changes, keeping the existing 1998 constitutional language intact.
What is Marsy’s Law?
Marsy’s Law is named after Marsalee “Marsy” Nicholas, a California college student murdered in 1983. A week after her death, her family unexpectedly encountered her killer at a grocery store, unaware he had been released on bail.
Backed by her brother, Broadcom co-founder Henry Nicholas, through Marsy’s Law for All LLC, the movement aims to secure constitutional rights for crime victims equal to those afforded to the accused. At least 14 states have approved Marsy’s Law ballot measures since 2008, though court challenges in states like Pennsylvania, Montana, and Kentucky previously overturned measure approvals (Kentucky voters subsequently repassed it in 2020).
Ballot Passage Requirements
Amendment 3 appears on the ballot alongside two other constitutional proposals: Amendment 1 (expanding judge authority to deny bail for certain major offenses) and Amendment 2 (prohibiting a statewide property tax).
For any proposed amendment to pass in Tennessee, it must meet a dual-threshold requirement:
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Receive more “Yes” votes than “No” votes.
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Receive a total number of “Yes” votes equal to more than 50% of the total votes cast in the 2026 gubernatorial race.
