Montana court ruling lets Butte voters decide data center approvals

Court reversal leaves initiative off ballot

The Montana Supreme Court vacated its September 22 injunction on September 24, leaving Butte-Silver Bow’s proposed data center initiative off the November ballot while the appeal remains pending.

The reversal came less than 48 hours after justices temporarily restored the measure, changing its November ballot status without resolving the underlying dispute over petition deadlines in court.

Earlier order briefly restored proposal

On September 22, the Supreme Court blocked rejection of Local Initiative 00-02 based on the July 13 signature deadline, which organizers learned about after local petitioning had begun.

The temporary order prevented the county from using that deadline to exclude the proposal while justices considered the organizers’ appeal of the lower court decision in that case.

Ballots had already entered circulation

Butte-Silver Bow later informed the court that ballots without the initiative had already been printed, mailed to some voters, and, in certain cases, returned to local election officials.

Justices explained they would not have granted the earlier injunction if they had known election materials were already circulating without Local Initiative 00-02 before their September 22 decision.

County sought implementation guidance

County officials asked the Supreme Court for guidance after the September 22 order created uncertainty about adding the initiative to ballots that election administrators had already distributed locally.

Possible options included corrected or supplemental ballots containing the initiative question, while officials also sought guidance for residents who had already returned completed voting materials to election offices.

Election law lacked a clear remedy

The Supreme Court concluded Montana election law did not provide a clear process for adding the initiative after officials prepared ballots and some voters had already returned them.

That legal gap led justices to withdraw the injunction, leaving existing election materials unchanged while organizers continued pursuing review of the broader petition dispute through Montana’s state courts.

Initiative set a voter approval requirement

Local Initiative 00-02 would prevent Butte-Silver Bow from authorizing construction or expansion of a data center unless registered voters approved the proposed development through a local special election.

The measure would require support from two-thirds of all registered voters before data center construction or expansion could receive local authorization under the ordinance within the Butte-Silver Bow jurisdiction.

Fun fact: Data centers can consume 10 to 50 times as much energy per floor space as a typical commercial office building.

Petition process began in April

406 People First submitted the initiative on April 29 and later circulated petitions after officials set the ballot qualification threshold at 3,652 valid signatures from registered voters.

Organizers were initially told they could submit signatures through August 14, giving the group a later deadline than the July date eventually applied under updated Montana election law.

Little-known fact: About 42% of Americans live close to existing or planned data centers, showing how widespread these facilities have become.

Deadline dispute emerged in August

Election Administrator Cynthia Sherman informed organizers on July 31 that they had gathered enough valid signatures to meet the required numerical threshold for November ballot qualification that year.

On August 10, however, the county notified organizers that the applicable deadline had been July 13, placing their submitted petition sheets beyond the statutory cutoff for qualification that year.

Senate Bill 11 changed petition timing

Montana Senate Bill 11 revised procedures for local government ballot issues during the 2025 legislative session and took effect immediately upon passage and approval on April 17, 2025.

The law requires petition signatures no later than four weeks before certification, while county election administrators must certify ballot issues no later than 85 days before each election.

District court applied statutory deadline

District Court Judge Frank Joseph issued a temporary restraining order on August 12 while the parties disputed whether officials could enforce the earlier statutory deadline for the initiative.

On August 28, Judge Joseph ruled against the organizers, concluding they remained responsible for meeting the statutory deadline despite incorrect guidance previously provided by local election staff members.

Appeal raised voter access question

Denise Kelly and 406 People First appealed the district court decision and asked the Montana Supreme Court to prevent the missed July 13 deadline from blocking ballot access.

The Supreme Court initially found exclusion could create greater harm because voters might permanently lose the chance to consider an initiative that could later prove legally eligible for placement.

Organizers sought reconsideration

After the injunction was withdrawn, attorneys for 406 People First filed an emergency request asking the Supreme Court to reconsider, examine when ballots had actually been distributed, and review whether the county complied with an earlier temporary restraining order.

The Montana Supreme Court later denied the rehearing request, leaving the initiative off the November ballot while the underlying appeal over the petition deadline remains unresolved.

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Yellowstone County data center vote moved to 2027

A similar data center initiative in Yellowstone County also encountered a July 13 deadline after organizers had previously received a later signature submission date from local election officials.

After missing the November ballot, organizers submitted revised initiative language, and Yellowstone County approved the new petition to begin signature gathering. If it qualifies, the measure is scheduled for the May 4, 2027 local election.

Want to stay ahead of the news? Check out how Georgia’s data center expansion raises revolving-door questions at the utility regulator.

As Montana’s data center debate continues, should voters have the final say on major local projects, or should elected officials decide approvals? Share your thoughts.

This slideshow was made with AI assistance and human editing.

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