Butte Silver Bow data center initiative controversy heard in District Court
A legal battle is unfolding in Butte-Silver Bow District Court over an initiative to limit data center construction, which residents aim to place on the November ballot. The dispute centers on the signature gathering deadline, with the Election Administrator citing an earlier deadline than initially communicated, potentially disqualifying the initiative. A judge will issue a final decision following submitted briefs, with a temporary restraining order currently requiring preparations for the ballot.
Butte-Silver Bow District Court is hearing a legal dispute regarding an initiative that seeks to limit data center development by requiring two-thirds voter approval for new construction or expansion. The plaintiffs, 406 People First, presented their case, arguing they met the initial August 13th deadline for signature submission set by Election Administrator Cindy Sherman.
However, Sherman later informed 406 People First that she had made an error, stating the actual deadline was July 13th. This change would effectively prevent the initiative from appearing on the November ballot. This situation follows a similar case in Yellowstone County where a judge rejected a lawsuit from residents after local officials retroactively advanced a signature gathering deadline for an identical initiative.
During the hearing, arguments were made concerning the legality of changing the deadline and whether an administrative error should prevent the initiative from proceeding. Butte-Silver Bow has maintained a neutral stance in the case. The judge has ordered both sides to submit final briefs by Monday, after which he will issue a decision.
Currently, a temporary restraining order is in effect, mandating that Butte-Silver Bow collaborate with the Secretary of State to prepare the initiative for inclusion on the November ballot, pending the judge's final ruling.