BUTTE, Mont. — Organizers seeking a public vote on data center development in Butte-Silver Bow are appealing after a district judge refused to order their initiative onto the November ballot.

John Meyer, the attorney representing 406 People First and its founder, Denise Kelly, told Montana Free Press that they had appealed. The outlet reported the development Sept. 1.

The decision follows a petition drive that became a court dispute over conflicting deadlines. According to Judge Frank Joseph's Aug. 28 order, the county's May approval letter told organizers they needed 3,652 signatures by Aug. 14. On Aug. 10, Election Administrator Cynthia Sherman notified them that state law required submission by July 13.

Joseph found that organizers had obtained enough signatures before Aug. 14, but the record did not establish whether they had reached the requirement by July 13. Kelly and 406 People First filed suit Aug. 12, seeking to have the initiative certified for the Nov. 3 election.

The judge acknowledged the incorrect guidance but concluded that organizers remained responsible for checking the statutory deadline. He rejected their constitutional and due-process arguments, along with their argument that the county should be prevented from enforcing the earlier deadline because of its own mistake.

The order also noted that both sides had access to attorneys and the means to determine the deadline. Joseph denied the requested relief after an Aug. 19 hearing and additional written arguments.

As ButteNews previously reported, the proposed initiative would require a special election and approval from two-thirds of registered voters before Butte-Silver Bow could authorize data center construction or expansion. The petition followed local debate about the demands such developments could place on electricity and water supplies.

Kelly expressed frustration with the decision in comments to Montana Free Press, questioning why residents could not rely on information from their election officials. The outlet reported that the city-county government took no position in the lawsuit and asked the court to determine how the election administrator should proceed.

The appeal continues the effort to secure a November vote. The district court's order concerns whether the initiative qualifies for the ballot; it does not approve a data center project. ■