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Butte-Silver Bow County Judge Seeks More Information in Data Center Ballot Initiative Lawsuit
Judge Joseph seeks additional briefing as 406 People First argues the county’s deadline mistake should not block the data center initiative from the ballot.
On Wednesday, District Court Judge Frank Joseph presided over a hearing regarding a Butte-Silver Bow citizen initiative to limit data centers, where a temporary restraining order remains in effect requiring the county to prepare the measure for the November ballot.
Butte-Silver Bow County Clerk Cynthia Sherman invalidated the initiative, citing a 2025 statute change that moved the signature submission deadline from 75 days to 85 days before the November election.
Attorney John Meyer, representing 406 People First, argued that equitable estoppel should apply due to the county's misleading actions, while the county maintains the initiative "does not meet the requirements set forth in the statute."
Judge Joseph ordered both sides to submit final briefings by 5 p.m. on Monday, stating he lacks authority to order a special election while dismissing claims that county errors were intentional.
Nationwide, $64 billion in data center projects have been blocked or delayed by local opposition, as residents increasingly utilize ballot initiatives to challenge rapid infrastructure expansion in their communities.