A nonprofit aiming to empower Butte-Silver Bow County voters in local data center decisions has filed a lawsuit against the county. This comes after the deadline for collecting signatures was moved to a past date, affecting the nonprofit’s efforts.
Denise Kelly, founder of 406 People First, initiated a signature campaign to allow voters to decide on data center projects in Butte, Montana. The proposal was initially linked to Washington state-based Sabey Data Centers, which withdrew from an agreement in May but is still considering other sites in southwest Montana, including Silver Bow County. To qualify for the November ballot, the group needed signatures from at least 15% of registered voters, or 3,652 individuals.
According to Kelly’s complaint filed Wednesday, the Butte-Silver Bow election administrator had initially scheduled the signature period from May 29 to August 14. After receiving confirmation on July 31 that they had met the requirement, Kelly was informed on August 10 that a Montana statute seemed to imply a July 13 deadline.
“The reversal retroactively disqualified petition activity that the Administrator herself authorized,” the complaint states.
Kelly has petitioned a District Court judge to uphold the administrator’s initial approval and certify the initiative for the November ballot.
“They’ve changed the rules on the fly to cater to everyone except the people of Butte,” Kelly stated in an Aug. 12 press release.
Attorney John Meyer emphasized the need to protect Montanans’ constitutional power of ballot initiatives.
County Clerk and Recorder Cynthia Sherman, listed as a defendant, did not respond to a request for comment.
District Court Judge Frank Joseph issued a temporary block on treating the initiative as rejected, ensuring the county doesn’t take actions that would hinder its placement on the ballot. Officials are now required to certify and send the ballot to the Secretary of State.
A hearing is scheduled for August 19 at the Butte-Silver Bow Courthouse to debate the continuation of the injunction.
In Yellowstone County, a similar petition faced a deadline shift, prompted by data center developer Quantica Infrastructure and based on the same statute. Unlike in Butte, the elections administrator had confirmed sufficient signatures before changing the deadline.
Acknowledgment: Denise Kelly is represented by attorney John Meyer of Cottonwood Environmental Law Center. Meyer is married to MTFP reporter Amanda Eggert, who was not involved in this story’s production.
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