Tennessee Prohibit State Property Taxes Amendment (2026)

Tennessee Prohibit State Property Taxes Amendment
Election date November 3, 2026
Topic Property taxes and State legislative authority
Status On the ballot
Type Legislatively referred constitutional amendment	Origin State legislature

The Tennessee Prohibit State Property Taxes Amendment is on the ballot in Tennessee as a legislatively referred constitutional amendment on November 3, 2026.

A "yes" vote supports amending the state constitution to prohibit the legislature from enacting taxes on property.

A "no" vote opposes amending the state constitution to prohibit the legislature from enacting taxes on property.

Overview

What would this amendment change about state property tax?

See also: Text of measure

The constitutional amendment would prohibit the Tennessee General Assembly from imposing a tax on property. There is currently no state property tax in Tennessee, but the General Assembly has the authority to create one. Local and municipal governments in Tennessee have imposed various forms of property tax in their jurisdictions. The amendment would not prohibit local governments from imposing a property tax, only the General Assembly. If the amendment is approved by voters, the legislature would not be able to create a property tax without first amending the state constitution again. This would require a two-thirds (66.67%) vote in two legislative sessions and majority approval by voters.

What do supporters and opponents say about the amendment?

See also: Support and Opposition

Tennessee Stands, a political activist organization, supports the amendment. In a statement on Senate Joint Resolution 1 (SJR 1), they called the amendment a protection for property owners. The statement said that the amendment "reinforces the principle that private property rights should never be subject to excessive government taxation or the threat of confiscation." State Rep. Tandy Darby (R-76), the House sponsor of the amendment, said "This amendment ensures that the state cannot impose property taxes again, putting taxpayers’ interests first and reinforcing local control."

State Sen. Heidi Campbell (D-20) opposes the amendment, stating that the lack of property taxes at the state level should stay in state statute instead of creating a constitutional amendment. She also said the amendment could have unexpected consequences, saying, "[Tennessee] hasn’t taxed property for decades. If we pass this and somebody decides that this is legally applicable to that then we could lose millions in revenue, and every time we do something like that it also threatens our bond rating."

Has a similar measure been on the ballot before?

See also: Property taxes ballot measures

No similar measure has appeared on the ballot in Tennessee. However, five other states - Oklahoma, Michigan, California, North Dakota, and Ohio - have seen similar constitutional amendments introduced and placed on the ballot. Most recently, in North Dakota, an initiated constitutional amendment was on the ballot in 2024. It would have prohibited both the state and local governments from levying a tax on any real or personal property except for those designed to pay for bonded indebtedness. The ballot measure was defeated, with 63.5% of voters voting no.

Ballot measures concerning property tax regulations and exemptions are often seen at elections. During even-numbered years since 2014, there were an average of nine property tax measures on the ballot. As of August 25, 2025, nine property tax ballot measures are on the ballot in 2025 and five, other than the Tennessee measure, are on the ballot in 2026.

Text of measure

Constitutional changes

See also: Section 28, Article II of the Tennessee Constitution

The ballot measure would amend Section 28 of Article II of the Tennessee Constitution. The following underlined text would be added and struck-through text would be deleted:

Note: Hover over the text and scroll to see the full text.

In accordance with the following provisions, all property real, personal or mixed shall be subject to taxation, but the Legislature In accordance with the following provisions, all property real, personal, or mixed shall be subject to taxation, but the Legislature shall not levy, authorize, or otherwise permit any state tax upon such property, and the Legislature may except such as may be held by the State, by Counties, Cities or Towns, and used exclusively for public or corporation purposes, and such as may be held and used for purposes purely religious, charitable, scientific, literary or educational, and shall except the direct product of the soil in the hands of the producer, and his immediate vendee, and the entire amount of money deposited in an individual’s personal or family checking or savings accounts. For purposes of taxation, property shall be classified into three classes, to wit: Real Property, Tangible Personal Property and Intangible Personal Property.

Real property shall be classified into four (4) subclassifications and assessed as follows:

(a) Public Utility Property, to be assessed at fifty-five (55%) per cent of its value;

(b) Industrial and Commercial Property, to be assessed at forty (40%) per cent of its value;

(c) Residential Property, to be assessed at twenty-five (25%) per cent of its value, provided that residential property containing two (2) or more rental units is hereby defined as industrial and commercial property; and

(d) Farm Property, to be assessed at twenty-five (25%) per cent of its value. House trailers, mobile homes, and all other similar movable structures used for commercial, industrial, or residential purposes shall be assessed as Real Property as an improvement to the land where located.

The Legislature shall provide, in such a manner as it deems appropriate, tax relief to elderly low-income taxpayers through payments by the State to reimburse all or part of the taxes paid by such persons on owner-occupied residential property, but such reimbursement shall not be an obligation imposed, directly or indirectly, upon Counties, Cities, or Towns.

By general law, the Legislature may authorize the following program of tax relief:

(a) The legislative body of any county or municipality may provide by resolution or ordinance that:

1. Any taxpayer who is sixty-five (65) years of age or older and who owns residential property as the taxpayer’s principal place of residence shall pay taxes on such property in an amount not to exceed the maximum amount of tax on such property imposed at the time the ordinance or resolution is adopted;

2. Any taxpayer who reaches the age of sixty-five (65) after the time the ordinance or resolution is adopted, who owns residential property as the taxpayer’s principal place of residence shall thereafter pay taxes on such property in an amount not to exceed the maximum amount of tax on such property imposed in the tax year in which such taxpayer reaches age sixty-five (65); and

3. Any taxpayer who is sixty-five (65) years of age or older who purchases residential property as the taxpayer’s principal place of residence after the taxpayer’s sixty fifth birthday shall pay taxes in an amount not to exceed the maximum amount of tax imposed on such property in the tax year in which such property is purchased.

(b) Whenever the full market value of such property is increased as a result of improvements to such property after the time the ordinance or resolution is adopted, then the assessed value of such property shall be adjusted to include such increased value and the taxes shall also be increased proportionally with the value.

(c) Any taxpayer or taxpayers who own residential property as their principal place of residence whose total or combined annual income, or wealth exceeds an amount to be determined by the General Assembly shall not be eligible to receive the tax relief provided in subsection (a) or (b).

The Legislature may provide tax relief to home owners totally and permanently disabled, irrespective of age, as provided herein for the elderly.

Tangible Personal Property shall be classified into three (3) subclassifications and assessed as follows:

(a) Public Utility Property, to be assessed at fifty-five (55%) per cent of its value;

(b) Industrial and Commercial Property, to be assessed at thirty (30%) per cent of its value; and

(c) All other Tangible Personal Property, to be assessed at five (5%) per cent of its value; provided, however, that the Legislature shall exempt Seven Thousand Five Hundred ($7,500) Dollars worth of such Tangible Personal Property which shall cover personal household goods and furnishings, wearing apparel and other such tangible property in the hands of a taxpayer.

The Legislature shall have power to classify Intangible Personal Property into subclassifications and to establish a ratio of assessment to value in each class or subclass, and shall provide fair and equitable methods of apportionment of the value of same to this state for purposes of taxation. Banks, Insurance Companies, Loan and Investment Companies, Savings and Loan Associations, and all similar financial institutions, shall be assessed and taxed in such manner as the Legislature shall direct; provided that for the year 1973, or until such time as the Legislature may provide otherwise, the ratio of assessment to value of property presently taxed shall remain the same as provided by law for the year 1972; provided further that the taxes imposed upon such financial institutions, and paid by them, shall be in lieu of all taxes on the redeemable or cash value of all of their outstanding shares of capital stock, policies of insurance, customer savings and checking accounts, certificates of deposit, and certificates of investment, by whatever name called, including other intangible corporate property of such financial institutions.

The ratio of assessment to value of property in each class or subclass shall be equal and uniform throughout the State, the value and definition of property in each class or subclass to be ascertained in such manner as the Legislature shall direct. Each respective taxing authority shall apply the same tax rate to all property within its jurisdiction.

The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. The portion of a Merchant’s Capital used in the purchase of merchandise sold by him to non-residents and sent beyond the State, shall not be taxed at a rate higher than the ad valorem tax on property. The Legislature shall have power to levy a tax upon incomes derived from stocks and bonds that are not taxed ad valorem.

Notwithstanding the authority to tax privileges or any other authority set forth in this Constitution, the Legislature shall not levy, authorize or otherwise permit any state or local tax upon payroll or earned personal income or any state or local tax measured by payroll or earned personal income; however, nothing contained herein shall be construed as prohibiting any tax in effect on January 1, 2011, or adjustment of the rate of such tax.

This amendment shall take effect on the first day of January, 1973.

Full text

The full text of the ballot measure is available here.

Support

Supporters

Officials

• State Sen. Ferrell Haile (R)
• State Sen. J. Adam Lowe (R)
• State Sen. Brent Taylor (R)
• State Rep. Tandy Darby (R)

Organizations

• Americans for Prosperity - Tennessee
• Tennessee Farm Bureau
• Tennessee REALTORS
• Tennessee Stands

Arguments

• State Rep. Tandy Darby (R-76): "This amendment ensures that the state cannot impose property taxes again, putting taxpayers’ interests first and reinforcing local control."
• State Sen. Brent Taylor (R-31): "To me, and I believe my constituents, the property tax is the most egregious tax there is because you never own your property. You’re only paying rent to the government, and if you don’t think you’re just paying rent to the government, try not paying your property taxes."
• Tennessee Stands: "By passing SJR 1, Tennessee strengthens protections for property owners, ensures that future legislatures cannot revive a state property tax, and reinforces the principle that private property rights should never be subject to excessive government taxation or the threat of confiscation."

Opposition

Ballotpedia has not located a campaign in opposition to the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.

Opponents

Officials

• State Sen. Heidi Campbell (D)

Arguments

• State Sen. Heidi Campbell (D-20): "There’s really no need for a constitutional amendment. [Tennessee] hasn’t taxed property for decades. If we pass this and somebody decides that this is legally applicable to that then we could lose millions in revenue, and every time we do something like that it also threatens our bond rating."

Campaign finance

See also: Ballot measure campaign finance, 2026

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through July 15, 2025. The deadline for the next scheduled reports is October 21, 2025.

Ballotpedia has not found any campaigns that have registered in support or opposition to this ballot measure. If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Property tax in Tennessee

Tennessee first abolished a form of property tax in 1931. That year, the state legislature repealed the statute that created the general fund property tax. The property tax funding the public education system remained. The Tennessee General Assembly then effectively ended all state taxation of property by passing a bill that reduced the educational property tax rate to zero in 1949. This was two years after adopting the state's first general state sales tax.

According to Investopedia, Tennessee has the fifth-lowest effective property tax rate in the nation, behind only Hawaii, Arizona, Alabama, and Delaware.While the state legislature does not levy a property tax, counties and cities levy their own property taxes. Because of this, rates vary across the state. Gibson County has the lowest property tax rate at 0.8345% of the property's assessed value, while Shelby County has the highest at 3.39%. The city with the lowest tax rate is McMinn with 1.4168%. The city with the highest tax rate is Memphis with 6.5854%.

Attempts to abolish property taxes through ballot measures in other states

Only one state, Texas, has prohibited the state government from levying a property tax. In 1982, Texas voters approved Proposition 1, a constitutional amendment which repealed the state property tax. The amendment did not repeal local and municipal property taxes.

Five other states have seen constitutional amendments introduced and placed on the ballot that would have prohibited a state property tax:

• In 1932, Oklahoma voters decided a constitutional amendment which would have prohibited state taxes on property based on its assessed value. Voters defeated the amendment with 54.03% voting no.

• Proposal 4 was on the 1936 Michigan ballot, which would have prohibited the taxation of real and personal property. Voters defeated the amendment with 72.9% voting no. In 2024, AxeMITax, Inc. filed a citizen-initiated constitutional amendment which would have prohibited taxation of real and personal property in Michigan. The organization failed to submit sufficient signatures to place the initiative on the ballot.

• In 1950, California voters decided Proposition 1. It would have prohibited all taxation of personal property by either the state local governments. Voters defeated the measure with 80.7% voting no.

• In North Dakota, Initiative Measure 4 was on the ballot in 2024. It would have prohibited both the state and local governments from levying a tax on any real or personal property, except for those designed to pay for bonded indebtedness. The ballot measure was defeated, with 63.5% of voters voting no.

• A constitutional amendment may appear on the Ohio ballot in 2025, which would prohibit the taxation of real property. As of June 2025, it had been cleared to gather signatures in support of the initiative.

Property tax ballot measures, 2025 and 2026

As of August 25, 2025, 15 ballot measures concerning property taxes are on the ballot in five states for the 2025 and 2026 election years.

2026

State	Year	Type	Title	Description
FL	2026	LRCA	Exempt Tangible Personal Property Used for Agriculture or Agritourism from Property Taxes Amendment	Exempt agricultural-related tangible personal property, such as farm equipment or tools, from property taxes
GA	2026	LRCA	Increase Acre Limit for Agriculture and Timber Conservation Use Property Tax Classification Amendment	Increase the maximum acreage of agricultural and timber property that can be classified as bona fide conservation use property, which is taxed at 40% of the land's value, from 2,000 acres to 4,000 acres
LA	2026	LRCA	Allow Parishes to Exempt Business Inventory from Property Taxation Amendment	Allow parishes to exempt business inventory from property taxes
LA	2026	LRCA	Raise Income Limit to $150,000 for Special Property Tax Assessment Amendment	Raise the income limit to qualify for the property tax special assessment level from $100,000 to $150,000
TN	2026	LRCA	Prohibit State Property Taxes Amendment	Prohibit the legislature from enacting taxes on property
WY	2026	CISS	Homeowner’s Primary Residence Property Tax Exemption Initiative	Create a homeowner's property tax exemption to exempt 50% of a primary residence's assessed value

2025

State	Year	Type	Title	Description
LA	2025	LRCA	Amendment 2	Revise state constitutional provisions governing tax policy and various state funds
TX	2025	LRCA	Proposition 10	Provide a temporary homestead exemption for improvements made to residences destroyed by fire
TX	2025	LRCA	Proposition 11	Increase the property tax exemption from $10,000 to $60,000 of the market value for homesteads owned by elderly or disabled individuals
TX	2025	LRCA	Proposition 13	Increase the property tax exemption from $100,000 to $140,000 of the market value of a homestead
TX	2025	LRCA	Proposition 17	Authorize the state legislature to provide for a property tax exemption for the construction of border infrastructure on property located in a county that borders Mexico
TX	2025	LRCA	Proposition 5	Establish a property tax exemption on animal feed held by the owner of the property for retail sale
TX	2025	LRCA	Proposition 7	Establish a property tax homestead exemption on all or part of the market value of the homestead of a surviving spouse of a veteran who died from a service-connected disease
TX	2025	LRCA	Proposition 8	Prohibit the state legislature from enacting laws imposing taxes on a decedent's property or the transfer of an estate
TX	2025	LRCA	Proposition 9	Authorize the state legislature to exempt $125,000 of the market value of personal tangible property used for income production from taxes

Constitutional amendments in Tennessee

In Tennessee, a total of 15 constitutional amendments have been placed on statewide ballots by the General Assembly between 1985 and 2024. Voters approved all 15 ballot measures.

Tennessee statewide ballot measures, 1985-2024
Total number	Annual average	Annual minimum	Annual maximum	Approved		Defeated
				#	%	#	%
15	0.38	0	4	15	100.0%	0	0.0%

Path to the ballot

Amending the Tennessee Constitution

See also: Amending the Tennessee Constitution

In Tennessee, the state Legislature must pass a constitutional amendment during two successive legislative sessions with an election in between. During the first legislative session, a simple majority vote is required in both legislative chambers. During the second legislative session, a two-thirds vote is required in both legislative chambers. Amendments do not require the governor's signature to be referred to the ballot. In Tennessee, amendments must be placed on general election ballots in which there is also a gubernatorial election.

The required legislative votes per session, assuming no vacancies, are listed below:

Requirements to refer constitutional amendments in Tennessee
Session	Requirement	Senate	House
First	Simple majority vote	17	50
Second	Two-thirds vote	22	66

House Joint Resolution 81 (2023-2024)

State Rep. Tandy Darby (R-76) introduced the constitutional amendment as House Joint Resolution 81 on January 26, 2024. The constitutional amendment moved through the legislature between January 26, 2023 and April 8, 2024.

• April 21, 2023: The Tennessee House of Representatives voted 81-11 to pass the amendment.
• March 28, 2024: The Tennessee State Senate voted 26-6 to pass the amendment.

Tennessee House of Representatives

Voted on April 21, 2023

Votes Required to Pass: 50
	Yes	No	NV
Total	81	11	0
Total %	88.1%	11.9%	0.0%
Democratic (D)	10	11	0
Republican (R)	71	0	0

Tennessee State Senate

Voted on March 28, 2024

Votes Required to Pass: 17
	Yes	No	NV
Total	26	6	0
Total %	81.2%	18.7%	0.0%
Democratic (D)	0	6	0
Republican (R)	26	0	0

Senate Joint Resolution 1 (2025-2026)

State Sen. Ferrell Haile (R-18) introduced the amendment as Senate Joint Resolution 1 on November 6, 2024. The constitutional amendment moved through the legislature between November 6, 2024 and April 21, 2025.

• March 26, 2025: The Tennessee State Senate voted 26-5 to pass the amendment.
• April 21, 2025: The Tennessee House of Representatives voted 89-6 to pass the amendment.

Partisan Direction Index = 39.3% (Lean Republican)

Democratic Support

60.7%

Republican Support

100.0%

Tennessee State Senate

Voted on March 26, 2025

Votes Required to Pass: 22
	Yes	No	NV
Total	26	5	1
Total %	81.2%	15.6%	3.1%
Democratic (D)	0	5	1
Republican (R)	26	0	0

Tennessee House of Representatives

Voted on April 21, 2025

Votes Required to Pass: 66
	Yes	No	NV
Total	89	6	0
Total %	93.7%	6.3%	0.0%
Democratic (D)	17	6	0
Republican (R)	72	0	0

How to cast a vote

See also: Voting in Tennessee

See below to learn more about current voter registration rules, identification requirements, and poll times in Tennessee.

How to vote in Tennessee

Poll times

Each county election commission must determine the opening time for polling places in the county at least 15 days before an election, with certain requirements based on county population. All polling places close at 7 p.m. CST (8 p.m. EST). The polls must be open for a minimum of 10 consecutive hours, but not more than 13 hours. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To register to vote in Tennessee, an applicant must be a citizen of the United States, a resident of Tennessee, and at least 18 years old by the day of the next election.

Prospective voters can register online, by mailing a voter registration application to the county election commission, or in person at a variety of locations including the county clerk’s office, the county election commission office, public libraries, and numerous state agencies. Registration must be completed 30 days before an election.

Automatic registration

See also: Automatic voter registration

Tennessee does not practice automatic voter registration.

Online registration

See also: Online voter registration

Tennessee has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Tennessee does not allow same-day voter registration.

Residency requirements

To register to vote in Tennessee, you must be a resident of the state. Click here for more information about determining residency in Tennessee.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Tennessee does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, providing false information on an application "is a felony punishable by not less than two (2) years nor more than twelve (12) years imprisonment or a fine of $5,000 or both."

Tennessee law requires election officials to conduct check of voter registration applicants' citizenship status. Section 2-2-141 of the Tennessee Code states the following:

“	‘’’2-2-141. Proof of citizenship for registering to vote.’’’ (a) The coordinator of elections shall compare the statewide voter registration database with the department of safety database to ensure non-United States citizens are not registered to vote in this state. The coordinator of elections is authorized to compare the statewide voter registration database with relevant federal and state agencies and county records for the same purpose. If evidence exists that a particular registered voter is not a citizen of the United States, the coordinator of elections shall notify the county election commission where the person registered to vote that the registered voter may not be a citizen of the United States. (b) After receiving such notice, the county election commission shall send a notice to the registered voter inquiring whether the individual is eligible to be registered to vote. Any registered voter who receives the notice shall, within thirty (30) days of the receipt of such notice, provide proof of citizenship to the county election commission.	”
—Tenn. Code Ann. § 2-2-141

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Tennessee secretary of state’s office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

Tennessee requires voters to present photo identification while voting.

Voters can present the following forms of identification, even if expired:

• Tennessee driver’s license with photo
• United States passport
• Photo ID issued by the Tennessee Department of Safety and Homeland Security
• Photo ID issued by the federal or Tennessee state government
• United States Military photo ID
• Tennessee handgun carry permit with photo

First time voters who register by mail or online can not use an expired ID. If they do not have a currently valid ID, they may use the following to vote at the polls:

• A copy of a current utility bill
• Bank statement,
• Government check,
• Paycheck
• Other government document that shows the voter’s name and address.

The following voters are exempt from the photo ID requirements:

• Voters who vote absentee by mail
• Voters who are residents of a licensed nursing home or assisted living center and who vote at the facility
• Voters who are hospitalized
• Voters with a religious objection to being photographed
• Voters who are indigent and unable to obtain a photo ID without paying a fee

Voters can obtain a free photo ID from the Tennessee Department of Safety and Homeland Security at any participating driver service center. In order to receive an ID, a voter must bring proof of citizenship (such as a birth certificate) and two proofs of Tennessee residency (such as a voter registration card, a utility bill, vehicle registration or title, or bank statement). Visit the Tennessee Department of Safety and Homeland Security's Voter Photo ID page for more information.

See also

2026 ballot measures

View other measures certified for the 2026 ballot across the U.S. and in Tennessee.

• 2026 ballot measures
• Tennessee 2026 ballot measures
• Tennessee elections, 2026

Tennessee ballot measures

Explore Tennessee's ballot measure history, including constitutional amendments.

• List of Tennessee ballot measures
• Property taxes ballot measures
• Tennessee State Legislature

Legislative process

Understand how measures are placed on the ballot and the rules that apply.

• Legislatively referred constitutional amendment
• Tennessee Constitution
• Amending state constitutions

External links

• House Joint Resolution 81 (2023-2024)

Footnotes

2026 ballot measures

State ballot measures

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