Voters in Butte-Silver Bow County are now considering a significant ballot initiative requiring public approval for data center development. This comes after the Montana Supreme Court reversed a decision blocking the initiative from the November ballot. The ruling raises questions about compliance with the Montana Election Code since some ballots have already been printed without the initiative. The county seeks guidance from the court on how to proceed.
The initiative, organized by 406 People First and Denise Kelly, mandates that two-thirds of registered voters must approve any data center project before construction or expansion. Legal challenges arose after election officials provided an incorrect petition signature deadline, prompting organizers to sue Butte-Silver Bow County in August. The ruling ties into a broader dispute over a 2025 legislative law.
Initially, organizers were told they had until August 14 to collect 3,652 validated signatures to qualify. However, they were later informed that the deadline was July 13 under Senate Bill 11, which requires signatures four weeks before ballot certification. This impacted similar initiatives, such as one in Yellowstone County, where conflicting deadlines also caused confusion. The judge initially denied relief, citing adherence to the statutory deadline.
In overturning the lower court’s decision, the Supreme Court prohibited the county from dismissing the initiative due to the missed deadline. Justices noted that excluding the measure could harm voters’ constitutional rights, though they acknowledged it might be invalidated later. Evan Barrett from 406 People First stressed the importance of voters having the opportunity to decide.
The injunction remains in effect during the appeal. The Supreme Court encouraged quick responses, giving organizers until Thursday to address the county’s options. A ruling from the justices will follow promptly to resolve the matter.
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