Judge rules against Butte's 406 People First in data center ballot initiative lawsuit
A Butte-Silver Bow County district judge ruled against the local activist group 406 People First in their lawsuit concerning a data center ballot initiative. The group's signatures for a public vote on data centers were accepted and then rejected, leading to the legal challenge. The judge cited misrepresentations of fact and rejected the group's argument of equitable estoppel.
On September 28th, a Butte-Silver Bow County District Judge, Joseph, ruled against the local activist group 406 People First regarding their lawsuit over a data center ballot initiative. The group aimed to bring a public vote on data center development but faced issues with their collected signatures, which were initially accepted and later rejected by the county.
Judge Joseph's ruling focused on misrepresentations of fact and did not apply the principle of equitable estoppel, which concerns conduct, acts, or language related to a representation or concealment of facts. The lawsuit stemmed from a new law that set a deadline for county administrators to count initiative signatures ahead of the state's deadline, a point of contention for 406 People First.
The group argued that the county's elections administrator set an incorrect deadline for signature gathering, causing them to believe they had met the requirements by July 28th. They felt this new law did not help them and that the purpose of providing enough time for verification was satisfied despite the county's error.
Judge Joseph noted that both parties had the right and opportunity to receive clarification on statutory deadlines and that 406 People First failed to review the state statute for the correct deadline. Despite the setback, 406 People First expressed readiness to appeal the decision, stating they are in a position to argue for their rights after their efforts to put in time and money to preserve those rights were challenged.