Butte-Silver Bow data center initiative ballot litigation (2026)

406 People First v. Butte-Silver Bow — Montana Supreme Court Orders Data Center Voter-Approval Initiative (Local Initiative 00-02) Onto November Ballot, Then Vacates Two Days Later Because Ballots Were Already Mailed (September 2026)
Butte-Silver Bow, MT · 406 People First and Denise Kelly v. Butte-Silver Bow (Mont. Sup. Ct., orders of Sept. 22 and Sept. 24, 2026) — Local Initiative 00-02

Status
Blocked / in litigation
Applies to
Butte-Silver Bow City-County elections office (Clerk and Recorder Cynthia Sherman)
Enforced by
Montana Supreme Court; Montana Second Judicial District Court (Butte-Silver Bow)

A Butte citizens' group, 406 People First, gathered more than the 3,652 signatures needed for a local initiative that would bar any authorization to build or expand a data center in Butte-Silver Bow without voter approval. The county elections office first certified the signatures, then said a new state law moved the deadline earlier, which knocked the measure off the ballot. A district judge sided with the county on August 28, 2026. On September 22 the Montana Supreme Court ordered the measure onto the November ballot, but on September 24 it vacated that order after learning ballots had already been mailed and in some cases returned. The initiative will not be on the November 2026 ballot; a later rehearing request was denied (reported September 26).

Who is protected: Butte-Silver Bow voters (initiative rights)

Legal detail

Butte-Silver Bow, Montana — LOCAL INITIATIVE 00-02 would prohibit 'any necessary authorization to construct or expand any data center within the city-county' without voter approval. PROPONENTS: Denise Kelly / 406 People First (counsel John Meyer per KBZK). DISPUTE: county told proponents signatures were due Aug. 14; on Aug. 10 the elections administrator said the deadline was July 13, applying 2025's SB 11 (signatures due four weeks before ballot certification). DISTRICT COURT: Judge Frank Joseph issued a TRO Aug. 12, 2026, then ruled for the city-county Aug. 28, 2026. MONTANA SUPREME COURT: order filed Tuesday Sept. 22, 2026 granted an injunction pending appeal requiring the initiative on the November ballot ('The latter is the greater evil'); on Thursday Sept. 24, 2026, in a five-page order, the court VACATED the injunction because absentee/mail ballots had been printed, mailed and some returned, stating state ballot statutes provide 'no remedy' and calling the situation 'entirely avoidable'. Proponents filed an emergency petition for reconsideration; KBZK 'UPDATE 9/26' reports rehearing was DENIED ('Proponents have not demonstrated that exceptional circumstances exist...'); the order's own date is not stated (Sept. 26, 2026 is a Saturday, so it is the update date). Merits of the deadline appeal not resolved in located sources. A parallel Yellowstone County initiative faced the same deadline problem (Daily Montanan).

Key facts

JurisdictionButte-Silver Bow, MT
LevelCounty
Citation406 People First and Denise Kelly v. Butte-Silver Bow (Mont. Sup. Ct., orders of Sept. 22 and Sept. 24, 2026) — Local Initiative 00-02
Private right of actionNo, agency enforcement only
PenaltiesNone
Topicsdata-center siting and energy · election deepfakes
News reportMontana Supreme Court vacates decision to put Butte data center issue to voters — Daily Montanan

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