BUTTE — A District Court judge is asking for more information before ruling in a lawsuit against Butte-Silver Bow County after signatures for a ballot initiative to vote on data centers were rejected on Aug. 10.
Watch the court hearing here:
After the county clerk accepted 3,652 signatures on July 31, the group 406 People First was notified that, upon review, the local initiative "does not meet the requirements set forth in the statute" for a new Montana law adopted in late 2025.
The lawsuit names Butte-Silver Bow County Clerk and Recorder Cynthia Sherman as a defendant.
From the bench, District Court Judge Frank Joseph said he needed more information before he could decide the case.
"If there's something that I'm missing that I need to apply that takes precedence over equitable estoppel and application of the statute, let me know that, because I'm just not seeing it, gentlemen. I'm just having a tough time on this."
Attorney John Meyer argued that Montana Code 13-28-206 is unconstitutional because it does not facilitate the people's constitutional power of initiative.
"This is our power. It's the people's power. This is not the legislature's power. This is the people's power."
Meyer said the initiative is necessary because other levels of government have not acted on the issue.
"Our federal government is not protecting us from data centers; the Montana legislature has not protected us from data centers. So far, the Butte local government has not protected us from data centers."
Meyer said the goal is to let Butte residents decide the issue at the ballot box.
"We the people maintain the power of initiative. We are asking the court to declare that we have collected enough signatures, as Butte said, and place this on the initiative so that the people of Butte can decide whether they want data centers in the county."
Butte-Silver Bow County Attorney said his office was not consulted in the matter.
"The county attorney's office did not provide advice to the election administrator before she sent it out."
When Judge Joseph asked if the county attorney's office planned to present an argument, the response was brief.
"No, your honor, the county's position is with facts as presented."
Concerned citizen Evan Barrett attended the hearing with a pocket Constitution, saying the power of government rests with the people.
"'We the people' is where the power of our government comes from, and the people have the power of the Constitution."
Barrett said the initiative process belongs to the public, not elected officials.
"The people have reserved to themselves...not to the legislature, not to the executive branch, not to the judiciary...they have reserved to themselves the power of initiative."
Last week, a Billings judge sided with the county in a similar case. Judge Joseph ordered more briefing on the issue before he rules on the case next week.
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