Rulings lead to data center limitations on ballot in 3 Kansas cities
Voters in El Dorado, Emporia and Ottawa, Kansas, will decide citizen-led ballot measures that would prohibit or restrict power- and water-intensive data centers. The measures are being contested in court, with disputes over whether the petitions are legislative and legally eligible for the ballot.
Citizen-led petitions have placed data center restrictions on the November ballot in El Dorado, Emporia and Ottawa, Kansas. El Dorado and Emporia voters will consider prohibiting high-impact data centers with large electricity or water demands, while Ottawa voters will consider a ban on utility-intensive facilities requiring at least 25 megawatts of power. El Dorado and Emporia voters will also consider restrictions on certain battery energy storage systems.
The ballot measures have prompted litigation between cities and residents seeking to advance or block the questions. Butler County District Court ruled the El Dorado petition was legislative, while courts in Lyon and Franklin counties allowed the measures to proceed pending further resolution of whether the petitions are legislative or administrative. Franklin County District Judge Eric Godderz stayed publication, implementation and enforcement of Ottawa’s proposed ordinance pending a final judgment or further court order.