Montana Supreme Court puts Butte's data center initiative back on the ballot
The Montana Supreme Court has overturned a lower court's decision, allowing a proposed ballot initiative requiring citizen approval for data center development to appear on Butte-Silver Bow County's general election ballot. This creates logistical challenges for the county, as ballots have already been printed without the initiative. The legal battle continues as the Supreme Court considers the validity of the initiative's placement on the ballot while an injunction remains in effect.
The Montana Supreme Court has ruled to allow a proposed ballot initiative, which would require citizen approval for data center development, to be included on the November general election ballot in Butte-Silver Bow County. This decision overturns a lower court ruling that previously prevented the initiative from appearing.
The initiative, organized by 406 People First and Denise Kelly, seeks to mandate a special election where two-thirds of all registered voters must approve a data center project before the county can authorize its construction or expansion. The organizers sued Butte-Silver Bow County after election officials initially provided an incorrect deadline for submitting petition signatures, a mistake stemming from a new law (Senate Bill 11) enacted in 2025. A similar issue affected organizers in Yellowstone County, where data center developer Quantica Infrastructure's Broadview project was mentioned.
In its Tuesday ruling, the Supreme Court issued a temporary injunction, prohibiting the county from rejecting the initiative based on the missed deadline. The justices concluded that excluding the initiative could irreparably harm voters' constitutional rights, though they acknowledged the initiative might still be invalidated later if found to be improperly placed on the ballot. Butte-Silver Bow County has since asked the Supreme Court for guidance on how to comply with the ruling, given that ballots have already been printed and some returned.
Evan Barrett, a member of 406 People First, affirmed that the primary goal is to preserve voters' opportunity to consider the measure, even if the initiative's merits are later challenged. The injunction will remain in effect until the Supreme Court resolves the appeal, with further court responses expected regarding the county's logistical challenges.