Montana SupCo allows Butte data center measure onto ballot

The Montana Supreme Court has cleared the way for a Butte-Silver Bow citizens' initiative, requiring voter approval for data center construction, to appear on the November ballot. This ruling, issued on Tuesday, overturns a decision by the county elections administrator who retroactively changed the deadline for signature submission, which would have excluded the measure from the ballot.

The initiative was championed by the grassroots group 406 People First, led by Denise Kelly, one of two groups in Montana seeking public oversight of data center development via ballot measures. The group was initially informed they had until August 14 to collect 3,652 signatures, but on August 10, the administrator stated the deadline was July 13, citing a new state law (Senate Bill 11) that increased the time between signature submission and ballot certification.

District Court Judge Frank Joseph initially sided with the city-county, concluding the group had to adhere to statutory deadlines. However, Kelly filed an emergency motion with the Supreme Court, arguing that denying voters the right to decide on an initiative that met signature thresholds would be "the greater evil." The high court determined the issue was of significant public interest, noting that the initiative had exceeded the required number of signatures, and ultimately granted the injunction, allowing the measure on the ballot. A similar effort in Yellowstone County failed to reach the ballot.