Hendersonville voters will weigh a constitutional amendment on bail when early voting opens Wednesday, Oct. 14. Proposed Amendment No. 1 would let Tennessee judges deny bail for people charged with terrorism, second-degree murder, aggravated rape and other violent offenses.
The amendment would change Article I, Section 15 of the Tennessee Constitution. It covers grave torture, aggravated rape of a child and any offense requiring at least 85 percent of the sentence to be served upon conviction, according to the Tennessee Secretary of State's office.
The amendment does not require judges to deny bail. It gives them discretion and requires them to state their reasons on the record.
State lawmakers passed the Republican-led proposal during the 2024 and 2025 legislative sessions, placing it on the Nov. 3 general election ballot.
Support for the amendment
Tennessee House Speaker Cameron Sexton told lawmakers before a final vote in 2025 that every district attorney, sheriff and police chief in the state supported the measure, the Nashville Banner reported.
District Attorney Jared Effler of Tennessee's 8th Judicial District wrote in the Tennessee Bar Journal that the amendment would let judges deny bail for the most dangerous violent offenders while requiring them to publicly explain those decisions.
Opposition to the amendment
Critics argue the change would increase incarceration without improving safety.
"It's likely to pass because it has scary words in it, but it will do nothing to keep us safe," Josh Spickler, executive director of the Memphis-based bail reform group Just City, told the Nashville Banner.
Spickler raised concerns about what he called undefined language in the portion covering offenses that require 85 percent of a sentence to be served. Those crimes are not explicitly listed in the amendment, and qualifying offenses have expanded under recent Tennessee sentencing laws.
Nashville defense attorney David Raybin argued in the Tennessee Bar Journal that judges already have the tools they need, including the ability to weigh criminal history, prior failures to appear and community ties when setting bail.
What it takes to pass
The amendment must receive more "yes" than "no" votes, and the total "yes" votes must exceed half of all votes cast in the governor's race, according to the Secretary of State's office.
How to vote in Hendersonville
Early voting runs Wednesday, Oct. 14, through Thursday, Oct. 29, at the Community Church of Hendersonville, 381 West Main St. Voters should confirm hours with the Sumner County Election Commission at 615-452-1456 or votesumnertn.org.
Election Day is Tuesday, Nov. 3. Polls open 7 a.m. to 7 p.m. Voters must present a federal or Tennessee state-issued photo ID.
The amendment is one of three on the statewide ballot. Amendment No. 2 would prohibit a state property tax. Amendment No. 3 would expand rights for crime victims. The Sumner County ballot also includes Hendersonville alderman races in Wards 1 through 6.
The absentee ballot request deadline is Saturday, Oct. 24.
