Butte‑Silver Bow County voters will now have the chance to weigh a proposed ballot initiative that would require a special election and a two‑thirds vote of all registered voters before any data center can be built or expanded in the area. The Montana Supreme Court issued an order on Tuesday overturning a district‑court decision that had kept the measure off the November ballot.
Legal background and county response
The dispute began when organizers of the initiative, the group 406 People First and community activist Denise Kelly, sued the county after election officials told them the deadline to submit the required 3,652 valid signatures was incorrect. County officials initially said the deadline was August 14, then later claimed that Senate Bill 11, enacted by the 2025 Legislature, required signatures to be filed by July 13 – four weeks before the ballot certification deadline, which is 85 days before the election.
After the county notified the organizers that the deadline had passed, a district‑court judge rejected their request for relief on August 28, holding that the statutory deadline applied despite the county’s earlier guidance. The organizers appealed that decision to the Montana Supreme Court.
Supreme Court ruling
In its Tuesday decision, the Montana Supreme Court temporarily prohibited the county from rejecting the initiative on the basis of the missed deadline. The court noted that the county did not oppose the organizers’ request for an injunction and warned that excluding the measure from the ballot while the appeal proceeds could irreparably harm voters’ constitutional rights.
The justices also acknowledged that the initiative could later be invalidated, even if voters approve it, should the court determine it was improperly placed on the ballot. “If the merits of our case are not good enough and the court says, ‘this election doesn’t count,’ that’s possible,” said Evan Barrett, a member of 406 People First who helped prepare the petition. “But it’s impossible to make the choice without the election.”
County’s next steps
Butte‑Silver Bow County filed a Wednesday motion asking the Supreme Court for guidance on how to proceed, given that ballots have already been printed and some have been mailed and returned without the initiative. The county proposed several options, including modifying the existing ballots or issuing supplemental ballots that contain the measure.
The Supreme Court gave the initiative organizers until noon Thursday to respond to the county’s proposals and indicated that the justices will issue a final ruling as quickly as possible. The temporary injunction will remain in effect until the appeal is resolved.
Implications for local voters
Should the initiative survive legal challenges, it would give residents a direct say over large data‑center projects, which have become a growing economic force in Montana. Supporters argue that requiring broad voter approval protects community interests and ensures that any such development aligns with local values and environmental concerns. Opponents, including some business interests, contend that the measure could hinder economic growth and deter investment in the state’s technology sector.
The outcome of this case will likely set a precedent for how future ballot measures involving major infrastructure projects are handled in Montana, especially as the state continues to attract data‑center developers seeking the state’s low‑cost electricity and favorable tax environment.
Original reporting: Alexandria, VA News – WTOP News — read the source article.
