A Montana district court has sided with a citizen group fighting to place a data center limitation measure on the November ballot in Butte-Silver Bow County, blocking local officials from enforcing a deadline that would have killed the effort.

Judge Frank Joseph issued a preliminary injunction in favor of 406 People First, which had submitted ballot initiative signatures on July 31. The group’s effort seeks to require a two-thirds approval threshold from registered voters before new or expanded data centers can be built in the county—a high bar that would effectively give the electorate direct control over major infrastructure projects.

The Deadline Dispute

The conflict centers on a sudden change in how local officials interpreted the signature deadline. Butte-Silver Bow Clerk and Recorder Cindy Sherman initially communicated that the filing deadline was August 17, giving organizers ample time to gather signatures. Sherman later notified 406 People First that the actual deadline was July 13—nearly five weeks earlier than previously stated.

The group submitted 4,200 signatures on July 31, well after the July 13 date Sherman cited. Local officials rejected the filing as late, effectively preventing the measure from reaching voters in November. 406 People First contends the deadline change amounted to a retroactive kill switch designed to block an initiative the county leadership opposed.

County Leadership’s Position

Butte-Silver Bow Chief Executive J.P. Gallagher distanced himself from the deadline dispute, stating he played no role in the change. He said the matter fell to Sherman and County Attorney Matt Enrooth to interpret and enforce deadline rules.

The preliminary injunction suggests a court found merit to 406 People First’s argument that the deadline confusion caused irreparable harm. The judge’s decision allows the initiative to proceed toward November without requiring final resolution of whether Sherman’s initial communication was binding.

Broader Pattern in Montana

The Butte-Silver Bow clash echoes a parallel dispute in Yellowstone County over a similar data center limitation initiative. That effort also ran into deadline complications, but a judge ruled in favor of Yellowstone County officials in that case—a different outcome that underscores how local election administration issues can turn on fact-specific judicial review.

The measure 406 People First champions would reshape how the county handles data center development, a sector that has attracted significant investment and political attention across Montana as companies seek locations for server farms and related infrastructure. A two-thirds voter approval requirement would give residents substantial veto power over expansion, reflecting concerns in some communities about the pace and scale of data center growth.

Next Steps

Denise Kelly, a local realtor leading 406 People First, has signaled the group’s intent to pursue further legal action to fully resolve the dispute. The preliminary injunction keeps the initiative alive through the November election, though county officials may continue to contest its validity in court. The final legal outcome could determine not only the fate of this specific ballot measure but also establish how Butte-Silver Bow interprets administrative deadlines for future citizen initiatives.

The case highlights the importance of clear, consistent communication from local election officials and the power courts hold when deadline disputes threaten ballot access. As data center development remains a contentious issue in communities across Montana, the ability of citizens to place direct democracy measures on the ballot takes on heightened significance.