Tennessee Amendment 1 sits near the top of your November ballot. It would rewrite the bail section of the Tennessee Constitution. Early voting runs from October 14 through October 29, and the general election is November 3.
We write bail bonds in Memphis every day, so yes, we have a stake in this. Below you’ll find the official ballot language, what the amendment changes, what it doesn’t, and why we’re voting No on 1.
What Tennessee Amendment 1 says, word for word
Start with the current constitution. Today it reads: “That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great.” In practice, judges in Tennessee can deny bail only for capital offenses, which effectively means first-degree murder.
Amendment 1 deletes that sentence and replaces it with this official ballot text:
- All prisoners shall be bailable by sufficient sureties unless for the following when the proof is evident or the presumption great:
- A capital offense;
- An act of terrorism;
- Second degree murder;
- Aggravated rape of a child;
- Aggravated rape;
- Grave torture; and
- 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.
- 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.
Source: Tennessee Secretary of State, Senate Joint Resolution 25 (114th General Assembly).
What changes if Amendment 1 passes, and what stays the same
| Today | If Amendment 1 passes | |
|---|---|---|
| Charges where a judge can deny bail | Capital offenses | Capital offenses, five named crimes, and any offense requiring 85% of the sentence to be served |
| Legal standard | Proof evident or presumption great | Same standard |
| Is denial automatic? | No | No. A judge may deny bail, but it isn’t required |
| Written reasons | Not required by the constitution | Required for granting or denying bail on listed charges |
Two points get lost in the noise. First, Amendment 1 does not end bail in Tennessee. Most charges stay bailable. The amendment would not require judges to deny bail in these cases. It gives them the constitutional option to consider denial.
Second, the list is much longer than six crimes. During the 2025 debate, Sen. Jeff Yarbro, D-Nashville, said the change adds roughly 73 offenses to the list. That number comes from item 7, the 85% catch-all.
The 85% rule: the offenses your ballot doesn’t name
Item 7 never names a crime. It points to every Tennessee offense that carries an 85% minimum service requirement as of Election Day.
According to WPLN reporting, dozens of serious crimes fall under that umbrella. The list includes vehicular homicide, voluntary manslaughter, possessing a firearm while attempting a dangerous felony, and some repeat felony drug sales. Several lawmakers objected that these crimes aren’t spelled out for voters.
The sponsor has explained the choice. Sen. Jack Johnson said leaving the list off the ballot gives judges clarity if the 85% statutes change. He wanted to avoid a multi-page amendment and says voters can do their own due diligence.
I see what that list means in practice. Take vehicular homicide. It can come from a single accident. Maybe the driver was looking at a phone. Maybe the driver had never been in trouble. We bond those people out today. Most of them go to work every day. Under Amendment 1, a judge could hold them until trial.
You’re being asked to approve a list you can’t read on the ballot. That alone is a reason to vote No.
Held before trial, then cleared: the cost of pretrial detention
Bail exists to get people back to court while the law still treats them as innocent. Pretrial detention means sitting in jail before any conviction.
That matters since a large share of cases never end in a conviction. Measures for Justice found Tennessee had a statewide dismissal rate near 20% from 2011 to 2017. Shelby County reported a 33% dismissal rate for violent cases in December 2025. Cases in Tennessee can take months to resolve, sometimes more than a year.
During the legislative debate, Sen. London Lamar, D-Memphis, warned that someone held and later found not guilty could lose a business, a home, and family, with no restitution.
We see this in our office. A working man arrested in the wrong place at the wrong time still has rent, a job, and family counting on him. Every week he sits in jail waiting on a court date, those obligations go unpaid. A dismissal months later doesn’t give that time back.
Who pays when more people stay in jail
Jail beds cost money, and counties pay most of it.
Here’s what the public record shows:
- The Tennessee Department of Correction spent more than $1 billion on incarceration in fiscal year 2025, according to the Sycamore Institute.
- WPLN reports that the number of people held before trial has grown nearly 140% since 2000. The number of convicted people grew about 10% over the same period.
- The state does not reimburse local governments for defendants awaiting trial, and those defendants make up the largest share of the jail population.
- The state’s fiscal note estimates a one-time $9,400 local cost to publish the larger sample ballot. It gives no estimate for added jail or court costs.
The concern crosses party lines. Sen. Todd Gardenhire, R-Chattanooga, described his county’s jail bed shortage in 2024 and said, “I can see a train wreck coming.”
Here in Memphis, our jail is already crowded. When a jail runs out of room, more people get released on their own recognizance. Filling beds with people held on 85% charges leaves less room for everyone else.
What supporters of Amendment 1 say, and where we stand
You deserve the other side, stated fairly.
Johnson argues that wealth shouldn’t decide who gets released. Under the current constitution, someone accused of these crimes can pay a large sum and go home even if they pose a threat to others. House Speaker Cameron Sexton points to people who reoffend while out on bail. The Tennessee Sheriffs’ Association and the Tennessee District Attorneys General Conference back the amendment, and more than 100 lawmakers have supported it, including some Democrats. If it passes, Tennessee would join 24 states that have amended their constitutions to expand pretrial detention. Johnson notes that the proof standard stays the same and that a bail denial can be appealed.
Those are real arguments. Here’s our answer.
The wealth argument is fair. Detention without bail doesn’t fix it. A man without money who is held for months on a case that gets dismissed isn’t better off. Some lawmakers pointed out that judges already have discretion to set bail at higher amounts. Judges have tools today for dangerous defendants.
And our stake, stated plainly: if more people are held without bail, families have fewer ways to secure pretrial release, and bail agencies like ours write fewer bonds. We’re not hiding that. We think the costs to families and taxpayers are reason enough to vote No, apart from what it means for our business.
How Amendment 1 votes are counted
Tennessee counts amendment votes in an unusual way. An amendment passes only if it gets more yes votes than no votes and the yes votes are a majority of the total votes cast in the governor’s race.
You don’t have to vote for governor to vote on an amendment. Every vote cast for governor, though, raises the number of Yes votes Amendment 1 needs to pass. If you oppose it, vote in the governor’s race and mark No on Amendment 1.
Key dates:
- Early voting: October 14 through October 29
- Absentee ballot request deadline: October 24
- Election Day: Tuesday, November 3
Frequently asked questions about Tennessee Amendment 1
Is this the same Amendment 1 Tennessee voted on in 2014?
No. Amendment numbers reset each election. The 2014 Amendment 1 concerned abortion regulation. The 2026 Amendment 1 concerns bail and Article I, Section 15 of the Tennessee Constitution.
What happens if Amendment 1 fails?
The constitution stays as written. All defendants remain bailable except in capital cases where the proof is evident or the presumption great.
Does Amendment 1 change how much a bail bond costs?
No. The amendment text says nothing about bail amounts or bond premiums. It changes which charges a judge may deny bail on and requires written reasons.
Can a bail denial be appealed under Amendment 1?
Yes. According to the sponsor, a decision to deny bail can be appealed.
Where can I find the full list of offenses covered by the 85% rule?
The ballot doesn’t list them. Item 7 refers to offenses that, as of November 3, 2026, require at least 85% of a sentence to be served before release. A criminal defense attorney can tell you whether a specific charge falls under that rule.
Do I have to vote for governor to vote on Amendment 1?
No. The governor’s race total sets the threshold, but you can vote on the amendments without voting for governor.
What are Amendments 2 and 3 on the 2026 Tennessee ballot?
Amendment 2 would prohibit lawmakers from implementing a statewide property tax, which Tennessee doesn’t currently have. Amendment 3 concerns the rights of crime victims. Each is a separate yes-or-no question.
Do other states let judges deny bail for more crimes?
Yes. If voters approve, Tennessee would join 24 states that have amended their constitutions to expand pretrial detention.
Who decides whether bail is denied if Amendment 1 passes?
A judge or magistrate, and only when the proof is evident or the presumption great. They must put the reasons for granting or denying bail on the record.
What to do next
- Read the official ballot language above before you go to the polls. It’s long, and it appears near the top of the ballot.
- Vote early by October 29 if you can. With three amendments on the ballot, lines on November 3 may run long.
- Request an absentee ballot by October 24 if you qualify and can’t vote in person.
- Vote in the governor’s race and mark No on Amendment 1.
- Share this page with family members who’ve dealt with an arrest. They know what a week in jail costs a household.
- Call us at (901) 523-2245 with questions about how bail works in Shelby County today.
