A district court judge recently dismissed a Butte organizer’s plea to include a data center initiative on the November ballot. This followed confusion regarding the signature-gathering deadline, which led to the initiative stumbling last month. John Meyer, the attorney for the plaintiffs, confirmed that an appeal is underway.
In reaction to a proposed large data center in Butte, Denise Kelly, the founder of 406 People First, began collecting signatures in June to have a local initiative on the November ballot. This initiative would let voters decide on data center development. Court documents reveal that Butte-Silver Bow County officials informed the group in May that signatures from 15% of registered voters, about 3,652, were required by Aug. 14. However, on Aug. 10, election administrator Cynthia Sherman cited a Montana statute in a letter stating signatures were actually due by July 13.
On Aug. 12, Kelly and 406 People First filed a lawsuit against the county and Sherman, arguing the statute was applied unconstitutionally, blocking public participation in ballot initiatives. They requested the court to approve the initiative for the ballot.
Judge Frank Joseph denied the plaintiffs’ constitutional argument and their request to certify the initiative, ruling on Aug. 28. He noted while the plaintiffs gathered the required signatures by Aug. 14, it was unclear if the necessary count was reached by July 13.
Joseph emphasized it was the plaintiffs’ duty to understand the relevant statute. He stated, “Yes, it appears true that Plaintiffs were provided with incorrect information regarding the law from the Defendants, but it does not relieve the Plaintiffs their obligation to read, understand, and apply the law as clearly written for all to see.” Kelly expressed disappointment with the decision.
A similar situation occurred in Yellowstone County last month when their signature-gathering deadline was also changed to July 13. This amendment was driven by data center developer Quantica Infrastructure, citing the same statute involved in Kelly’s suit.
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