Full Breakdown
Montana Supreme Court Restores Data Center Initiative to Ballot
By Drooid · · How we work
Core Event
The Montana Supreme Court issued an injunction on Tuesday that temporarily bars Butte-Silver Bow County from removing a citizen-initiated measure on data-center development from the November ballot. The court held that excluding the initiative while the organizers’ appeal proceeds could irreparably harm voters’ constitutional rights. The order also notes that the county did not oppose the request for the injunction. The injunction remains in effect until the Supreme Court resolves the appeal.
Background & Context
The initiative, organized by 406 People First and Denise Kelly, would require a special election in which two-thirds of registered voters approve any data-center project before the county can authorize construction or expansion. Under Senate Bill 11, enacted by the 2025 Legislature, petition signatures must be submitted four weeks before the ballot-certification deadline, which is 85 days before the election.
Election Administrator Cynthia Sherman told organizers on July 31 that they had met the signature requirement of 3,652 valid signatures. The county later informed them that, per Senate Bill 11, signatures were actually due by July 13, a deadline the organizers had missed because of the earlier guidance. A similar deadline issue arose in Yellowstone County, where County Attorney Scott Twito learned from Quantica Infrastructure—developer of the Broadview data center—that the statutory deadline applied.
Official Statements & Responses
In its filing, the Supreme Court emphasized the potential constitutional harm of denying voters the chance to consider the measure. The court granted the organizers until noon on Thursday to respond to the county’s proposed options for handling the already-printed ballots, and pledged to issue a final ruling as expeditiously as possible. Butte-Silver Bow County, in a Wednesday filing, said it will comply with the injunction but is uncertain how to adjust the ballots while remaining consistent with the Montana Election Code.
Verbatim Quotes
- “If the merits of our case are not good enough and the court says, ‘this election doesn’t count,’ that’s possible,” — Evan Barrett
What’s Next
The organizers must file a response by Thursday noon. The Supreme Court will later decide whether the initiative remains valid on the ballot or must be removed, a determination that will shape future data-center approvals in the county.