Tennessee ballot measure · November 3, 2026
Tennessee Amendment 3, explained
Crime victims' rights (Marsy's Law). A ballot measure is a yes-or-no question put directly to voters — no candidate is involved, and the wording on the ballot is the wording that becomes law. This page shows that wording first, then what it actually changes.
The official wordingWhat appears on the ballot. Everything below explains it.
Shall Article I, Section 35 of the Constitution of Tennessee be amended by deleting the section in its entirety and substituting the following: Section 35. That to preserve and protect the rights of victims of crime to justice and due process throughout the criminal and juvenile justice systems, a victim, as defined by law and which may be expanded by the General Assembly, shall have the following rights, which shall be protected: (1) The right to be treated with fairness for the victim's safety and dignity; (2) The right, upon request, to reasonable notice of all public criminal proceedings and all public juvenile delinquency proceedings involving the accused; (3) The right to be present at all public criminal proceedings and all public juvenile delinquency proceedings involving the accused; (4) The right upon request to be heard in any proceeding involving release, plea, sentencing, disposition, and parole, as well as any public proceeding when relevant during which a right of the victim is implicated; (5) The right to be heard and informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender; (6) The right to be free from harassment, intimidation, and abuse throughout the criminal justice system, including reasonable protection, as defined by the General Assembly, from the accused or any person acting on behalf of the accused; (7) The right, upon request, to reasonable notice of any release, transfer, or escape of the accused or convicted person; (8) The right to full and timely restitution from the offender; (9) The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence; (10) The right to be informed of the minimum sentence the offender will serve in custody and the scheduled release date; (11) The right to have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made; (12) The right, upon request, to confer with the prosecution; and (13) The right to be fully informed of all rights afforded to crime victims. A victim may assert the rights enumerated in this section, not as a party, but in the manner further provided by the General Assembly protecting the victim's right to standing. The General Assembly has the authority to enact substantive and procedural laws to further define, implement, preserve, and protect the rights guaranteed to victims by this section. This section must be interpreted to preserve and protect the rights of all persons to due process. This section, or any law enacted under this section, does not create a basis for vacating a conviction. This section does not restrict the powers of the District Attorney General or the inherent authority of the court. Other than as provided in the preceding paragraph, this section does not create a cause of action or claim for damages against the state or a political subdivision of the state; an officer, employee, or agent of the state or of any of its political subdivisions; or an officer or employee of the court. ☐ Yes ☐ No
What it actually means
Tennessee's constitution already lists eight rights for crime victims — to confer with prosecutors, be present, be heard, be informed, get restitution and so on. This amendment deletes that section and replaces it with a longer list of thirteen, a version of Marsy's Law, which fourteen states have adopted since 2008. Most of the existing rights carry over; the new ones include fair treatment, participation in parole, notice of the minimum sentence and scheduled release date, and a requirement that the safety of the victim, their family and the public be weighed before release. Several rights are exercisable "upon request."
If you vote YES
- Article I, Section 35 would be replaced by a thirteen-item list covering both criminal and juvenile delinquency proceedings, which the current section does not mention.
- New rights include fair treatment for the victim's safety and dignity, a role in the parole process, notice of the minimum sentence and scheduled release date, and a requirement that the safety of the victim, the victim's family and the general public be considered before any parole or post-judgment release.
- Restitution becomes a right to "full and timely" restitution, and protection from the accused becomes "reasonable protection, as defined by the General Assembly."
- A victim could assert these rights, but "not as a party" — standing is to be provided for by the General Assembly, which also gets authority to define and implement the rights.
- The amendment states it must be read to preserve everyone's due process rights, cannot be a basis for vacating a conviction, does not restrict prosecutors or the courts, and creates no claim for damages against the state.
- Who counts as a victim is left to be "defined by law," and the General Assembly may expand the definition.
If you vote NO
- Article I, Section 35 keeps the eight rights Tennessee voters approved in 1998: to confer with the prosecution, be free from intimidation and abuse, be present where the defendant has a right to be present, be heard at critical stages as defined by the General Assembly, be informed of proceedings and of release, transfer or escape, a speedy disposition, restitution, and to be told of these rights.
- Those rights continue to be defined and enforced through statute, as the current section already authorises the General Assembly to do.
- Victims would have no constitutional right to participate in the parole process, to be told the minimum sentence and release date, or to have public safety weighed before release — though statute may provide some of this.
- Juvenile delinquency proceedings would remain outside the constitutional list.
- Tennessee would not join the fourteen states that have adopted a version of Marsy's Law.
The numbers that matter
- Rights listed now, and proposed
- 8 → 13
- States that have adopted a version of Marsy's Law
- 14 since 2008
- Reported fundraising
- $200,000 for, $0 against
- Votes needed to pass
- A majority of the total votes cast in the governor's race
Article I, Section 35, Tennessee Constitution, as it stands and as the amendment would rewrite it
Ballotpedia's record; courts in Pennsylvania, Kentucky and Montana overturned theirs, and Kentucky re-passed its version in 2020
Campaign finance reports through June 30, 2026, as compiled by Ballotpedia; the sole donor was the Marsy's Law for All Foundation
Article XI, Section 3, Tennessee Constitution
What each side says3 for, 2 against — quoted, not summarised
Why supporters say YES
"At this point, victims of crime in Tennessee do not have the guaranteed right to be notified when their abuser is released. Victims do not have the right to be heard in criminal proceedings involving sentencing, release, or pleading. … As a result, trauma often extends past the scene of the crime and to the criminal proceedings."
— Former State Rep. Patsy Hazlewood (R-27)
"Tennessee crime victims are not given the same amount of protection as convicted criminals. Marsy's Law will ensure that victims have equal access to justice."
— State Sen. John Stevens (R-24), sponsor
"When victims understand their rights are protected, they are more likely to speak up, stay engaged and help bring offenders to justice. That kind of participation strengthens accountability, builds trust in the system and can help prevent future crimes."
— State Rep. Elaine Davis (R-18)
Why opponents say NO
"Most importantly, Marsy's Law improperly seeks to give equal weight to victims' and defendants' rights. … The false equivalency of defendants' and victims' rights in the context of Marsy's Law ignores the reasons why defendants have constitutional rights. … Constitutional protections afforded to defendants limit the power of the State to deprive individuals of life and liberty. Defendants need outlined constitutional rights because they face the entire political, financial, and prosecutorial forces of the state."
— National Association of Criminal Defense Lawyers
"I do rise with hesitation about putting things in the constitution that would be better in the Tennessee code."
— State Sen. Jeff Yarbro (D-21)
What's genuinely uncertain
- Who is a "victim" is not defined in the amendment; it is left to statute, and the General Assembly may expand it later.
- How rights exercisable "upon request" work in practice — who must ask, when, and what happens if notice does not arrive — is left to implementing legislation that does not yet exist.
- The amendment says a victim may assert these rights "not as a party" and that standing is to be provided by the General Assembly. What that means in a courtroom is unresolved.
- Marsy's Law measures have been struck down by state courts in Pennsylvania, Kentucky and Montana on grounds relating to how they were put to voters; whether Tennessee's would face a similar challenge cannot be known now.
- Marsy's Law for Tennessee reported $200,000 in contributions through June 30, 2026, all from the Marsy's Law for All Foundation. No committee registered in opposition, so the case against comes from a legislator and a national defence bar association rather than a Tennessee campaign.
The bottom line
Whether a longer list of victims' rights belongs in the constitution rather than in statute — guaranteed notice, presence and a voice at parole for victims, against writing rights into the constitution that sit alongside a defendant's and whose practical shape the Legislature still has to fill in.
One neutral sentence describing the tradeoff — not a recommendation.
Sources (2)The numbers in the text above link here
Checking it against the official text
The Tennessee Secretary of State publishes the certified measures and, in most states, an official voter guide with fiscal notes. That is the authoritative version. Everything here is an explanation of it, not a substitute for it.
Confirm this with the official source
Your ballot is determined by your election authority, not by us. Verify your registration, precinct, and sample ballot at Tennessee Secretary of State.
Other measures on the Tennessee ballot
Candidates on the same ballot
- U.S. Senate election in Tennessee
- Tennessee governor's race
- Tennessee's 1st congressional district
- Tennessee's 2nd congressional district
- Tennessee's 3rd congressional district
- Tennessee's 4th congressional district
- Tennessee's 5th congressional district
- Tennessee's 6th congressional district