TN Constitutional Amendments

Tennessee residents will see four proposed amendments to the state Constitution on ballots this Nov. 8. The proposed amendments are meant to determine if the state Constitution should be amended or changed. These amendments will appear after the candidates for governor and present as “yes” or “no” questions.

Two things must happen in order for an amendment to pass and become part of the Constitution:

  1. The amendment must receive more “yes” votes than “no” votes.
  2. The number of “yes” votes must exceed the majority (50+1 %) of the total number of votes in the gubernatorial election.

The Constitutional amendment fails if the number of “yes” votes does not meet or exceed this majority threshold, or if more “no” votes are cast than “yes” votes.

Below are summaries of the four constitutional amendments on the ballot in Tennessee, including how the question will appear on the ballot. The summaries also include the yes/no endorsement of the WCDP.


Constitutional Amendment No. 1

As proposed by SENATE JOINT RESOLUTION NO. 648 (111th) & SENATE JOINT RESOLUTION NO. 2 (112th)

WCDP endorsement: Vote NO

Summary: The first amendment to the Tennessee Constitution would make it illegal for any person, corporation, association of the State of Tennessee or its political subdivisions to deny or attempt to deny employment to any person because of the person’s membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization.

The Question: Shall Article XI of the Constitution of Tennessee be amended by adding the following language as a new section?

It is unlawful for any person, corporation, association, or this state or its political subdivisions to deny or attempt to deny employment to any person by reason of the person’s membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization.


Constitutional Amendment No. 2

As proposed by SENATE JOINT RESOLUTION NO. 154 (111th) & SENATE JOINT RESOLUTION NO. 10 (112th)

WCDP endorsement: Vote YES

Summary: This amendment would add a process for the temporary exercise of the powers and duties of the governor to transition to the Speaker of the Senate — or the Speaker of the House if there is no Speaker of the Senate in office — if and when the governor is unable to discharge the powers and duties of the office of governor.

The Question: Shall Article III, Section 12 of the Constitution of Tennessee be amended by adding the following language immediately following the current language in the Section?

     Whenever the Governor transmits to the Secretary of State, the Speaker of the Senate, and the Speaker of the House of Representatives, a written, signed declaration that the Governor is unable to discharge the powers and duties of the office, the powers and duties of the office of Governor shall be temporarily discharged by the Speaker of the Senate as Acting Governor, or if that office is unoccupied, then by the Speaker of the House of Representatives as Acting Governor, until the Governor transmits to the same officials a written, signed declaration that the Governor is able to discharge the powers and duties of the office.

     Whenever a majority of the commissioners of administrative departments of the Executive Department transmits to the Secretary of State, the Speaker of the Senate, and the Speaker of the House of Representatives their written, signed declaration that the Governor is unable to discharge the powers and duties of the office, the Speaker of the Senate shall immediately assume the powers and duties of the office as Acting Governor, or if that office is unoccupied, then the Speaker of the House of Representatives shall immediately assume the powers and duties of the office as Acting Governor, until the Governor transmits to the same officials a written, signed declaration that the Governor is able to discharge the powers and duties of the office.

     Whenever a Speaker is temporarily discharging the powers and duties of the office of Governor as Acting Governor, such Speaker shall not be required to resign the Speaker’s position as the Speaker or to resign as a member of the general assembly and shall retain the Speaker’s salary and not receive the Governor’s salary, but such Speaker shall not preside as Speaker or vote as a member of the general assembly during the time the Speaker is Acting Governor.

and

Shall Article III, Section 13 of the Constitution of Tennessee be amended by adding the following language immediately before the period at the end of the Section?

 except as provided in Article III, Section 12 with regard to the Speaker of the Senate or the Speaker of the House of Representatives temporarily discharging the powers and duties of the office of Governor as Acting Governor

and 

Shall Article II, Section 26 of the Constitution of Tennessee be amended by adding the following language at the end of the Section?

     This section shall not apply with regard to the Speaker of the Senate or the Speaker of the House of Representatives temporarily discharging the powers and duties of the office of Governor as Acting Governor under Article III, Section 12.


Constitutional Amendment No. 3

As proposed by SENATE JOINT RESOLUTION NO. 159 (111th) & SENATE JOINT RESOLUTION NO. 80 (112th)

WCDP endorsement: Vote YES

Summary: This amendment would change the current language which says slavery and involuntary servitude, except as punishment for a person who has been duly convicted of crime, are forever prohibited in this State. The amendment would replace it with the following language: “Slavery and involuntary servitude are forever prohibited. Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime.” Amendment 3 would end the exception to the abolition of slavery in Tennessee.

The Question: Shall Article I, Section 33 of the Constitution of Tennessee be amended by deleting the section and substituting instead the following?

     Section 33. Slavery and involuntary servitude are forever prohibited. Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime.


Constitutional Amendment No. 4

As proposed by SENATE JOINT RESOLUTION NO. 178 (111th) & SENATE JOINT RESOLUTION NO. 55 (112th)

WCDP endorsement: Vote YES

Summary: This amendment would delete article IX, section 1 of the Tennessee Constitution, which prohibits ministers of the gospel and priests of any denomination from holding a seat in either House of the legislature.

The Question: Shall Article IX, Section 1 of the Constitution of Tennessee be amended by deleting the section?