Butte nonprofit sues county after data center ballot initiative reversal

Denise Kelly, founder of the nonprofit 406 People First, has initiated a lawsuit against Butte-Silver Bow County in Montana. The lawsuit stems from an alleged reversal by county election officials regarding the signature-gathering deadline for a ballot initiative. This initiative aims to empower Butte-Silver Bow County voters with the right to approve or reject future data center development or expansion projects within the county.

Kelly's organization began collecting signatures to place the initiative on the November ballot, a response to a proposed large data center project in Butte. Although Washington state-based Sabey Data Centers withdrew from an agreement in May, the company is reportedly still considering other sites in southwest Montana, including Silver Bow County. To qualify for the ballot, 406 People First needed to secure signatures from at least 15% of registered voters, totaling 3,652 individuals.

According to Kelly's complaint, filed on Wednesday, the county's election administrator initially approved the petition and set the signature deadline for August 14. Court documents indicate that by July 31, the administrator had confirmed that 406 People First met the signature requirement. However, Kelly alleges that on August 10, the administrator "reversed course," stating that a Montana statute likely required an earlier deadline of July 13. A district court judge has since issued a temporary order, mandating Butte-Silver Bow County election officials to ensure the initiative's inclusion on the ballot. The article also notes a similar situation in Yellowstone County regarding a petition for voter approval of data center developments, where an earlier deadline was also cited.