Montana Supreme Court Orders Data Center Initiative on Ballot

The Montana Supreme Court ruled that a citizens' initiative regarding data center construction in Butte-Silver Bow County must be included on the November ballot. The measure, organized by the group 406 People First, would require a two-thirds majority of registered voters to approve any new data center projects or expansions before the county can authorize them.

The legal dispute arose after the Butte-Silver Bow County Clerk and Recorder rejected 3,850 signatures, citing a retroactive deadline change under Senate Bill 11 of 2025. While the county initially informed organizers they had until August 14 to submit signatures, officials later claimed the deadline was July 13. A district court originally sided with the county, but the Supreme Court overturned that decision, stating that the public interest is served by allowing voters to exercise their initiative powers.

Butte-Silver Bow County officials stated they intend to comply with the ruling but have requested guidance from the court because some ballots have already been printed and mailed without the initiative. The court's injunction remains in effect pending a final resolution of the appeal.