Review of Pulaski County Quorum Court vote finds data center moratorium failed

A proposed 12-month moratorium on data center development in Pulaski County, Arkansas, which the Quorum Court initially believed passed, was later found to have failed due to a miscounted roll call vote. Parliamentarian Justin Blagg informed Quorum Court members that the emergency ordinance did not receive the necessary 10 affirmative votes, as one Justice of the Peace, Luke McCoy, was recorded 'AYE' in error despite voting 'present'. The actual count was nine 'ayes', four 'nays', and two 'present' votes, falling short of the two-thirds majority required for an emergency ordinance. McCoy stated he felt rushed and wanted a more thoroughly considered moratorium to avoid potential lawsuits and comply with state law.

Following the clarification of the vote, Pulaski County Judge Barry Hyde issued an executive order instructing the Planning Department not to accept any new applications for "High Intensity Digital Infrastructure" for 30 days. County Attorney Hamilton Kemp had previously advised the Quorum Court that passing the moratorium would likely lead to legal challenges, citing an Arkansas Attorney General's opinion from November 2023. The Attorney General's opinion stated that local ordinances cannot ban digital asset mining operations because cities and counties only have powers granted by the state Constitution or statute. Kemp also referenced the Arkansas Data Centers Act of 2023 and 2024 legislation, which permit data center construction in the state, with the Arkansas Oil and Gas Commission being the primary permitting and regulating body for digital asset mining businesses.