Montana Supreme Court puts Butte’s data center initiative back on the ballot

Montana Supreme Court has restored a proposed ballot initiative concerning data center development in Butte to the November ballot. The decision overturned a lower court ruling that had prevented the initiative from appearing on the general election ballot. The Montana Supreme Court's ruling allows Butte-Silver Bow County voters to decide whether a special election is required for citizen approval of data center projects before construction or expansion.

The initiative, supported by 406 People First and Denise Kelly, would require a two-thirds majority of registered voters to approve the project. The county is awaiting guidance on how to proceed with the initiative, as some ballots have already been printed and sent. The ruling comes after a dispute over a 2025 law that determined the signature deadline for the petition, which was initially set for August 14 but changed to July 13.

The Montana Supreme Court temporarily prohibited the county from rejecting the initiative based on the missed deadline to ensure voters' constitutional rights were not violated.