Local Ballot Initiative to Regulate Data Centers
Giving Butte Residents a Voice on Data Centers
Cottonwood is working with Butte residents to give their community a say in data center development—and to protect their ability to propose local laws through ballot initiatives.
We partnered with 406 People First, a local nonprofit, to draft an initiative addressing new and expanded data centers in Butte-Silver Bow County. If passed, the measure would require approval in a special election before the local government could authorize those projects. Approval would require support from two-thirds of voters.
Residents Collected Enough Signatures
Organizers submitted petition signatures weekly to give the Election Administrator time to review them throughout the campaign. They relied on her written instructions that signatures were due August 14, 2026.
On July 31, the Administrator confirmed that organizers had met the signature requirement. She ultimately accepted 3,850 signatures—198 more than required. But in August, the County informed organizers that an earlier statutory deadline applied and that the initiative did not qualify for the ballot.
Cottonwood filed suit on behalf of 406 People First and resident Denise Kelly. We argued that residents should not lose their opportunity to vote after relying on the Administrator’s instructions and submitting enough verified signatures. We also argued that the deadline’s purpose—giving election officials adequate time to review signatures—had already been satisfied.
The Legal Fight Continues
On September 22, the Montana Supreme Court granted a preliminary injunction requiring the initiative to be placed on the November 2026 ballot.
Two days later, the Court vacated the order after learning that ballots had already been printed and mailed and some voters had returned them.
Cottonwood will request an order requiring a ballot to be sent to all Butte-Silver Bow voters when we ultimately prevail.
Butte residents collected thousands of signatures to place the data center initiative on the November 2026 ballot.