Butte activist group sues county, seeks right to vote on proposed data centers
Aug 14, 2026
A local activist group has filed a lawsuit against Butte-Silver Bow County after officials rejected their petition to let residents vote on proposed data centers.Butte citizen speaks out about data center push: 406 People First
Response406 People First President Denise Kelly said the group submitted more than 4,500 signatures on July 31 and was initially told the required number had been met. About 10 days later, county officials told her the petition would not be accepted because a new Montana law called into question the signature deadline."It was very, very frustrating. It... I mean, I feel like this government is doing anything it can to stop the people from getting a vote. That's all we're asking for is a vote," Kelly said.According to the lawsuit, Butte-Silver Bow's election administrator approved the group's petition on May 28 and notified proponents that the gathering period "would end at 5:00 p.m. on August 14, 2026."Kelly said she was never informed of an earlier deadline."It's bizarre that they didn't tell us because if it was July 13, we would've hit July 13th. I will guarantee we would have, but we would have had a different approach to it for sure, definitely a more aggressive approach," Kelly said.After Kelly issued a press release on Aug. 11, angry members of the public filled City Council chambers. The following day, the group filed an injunction.During the council meeting, Councilman John Morgan yielded his time to County Attorney Matt Enrooth to explain the county's position."It was my advice that we agree to the preliminary injunction and that we allow the judge to order it put in place, so that the ballot initiative can continue to move forward," Enrooth said.A Billings judge recently sided with Yellowstone County officials on a similar data center issue, ruling that the deadline for collecting and submitting signatures had passed under Montana Code Annotated 13-28-206. Enrooth said Butte's district court will determine whether that ruling applies here."Judge Joseph issued that order after both parties agreed to it this morning," Enrooth said.A court date is set for next week, when both sides will argue whether the injunction should remain in place long term."Both sides argue to say whether the injunction should last long term or if the injunction should go away and Butte-Silver Bow should get their way. So, I don't know what Butte-Silver Bow's argument would be with that, but ours is... the truth is on our side," Kelly said.Kelly said the group's goal remains simple."Asking to vote! Can you believe that? This is America! Well, all we want is a vote," Kelly said.This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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