Voters in Six States Will Decide Future of Data Center Construction

Residents in 28 localities across six states will consider data center ballot measures in the upcoming November elections. These measures propose bans or moratoriums on data center construction, while others seek to make existing restrictions more permanent and have the potential to put residents at odds with local officials.

Kansas Ballot Measures Targeting Data Centers

Emporia’s Proposed Ban on High-Impact Data Centers

In Emporia, voters will decide whether to prohibit the construction, installation, operation, and maintenance of “high impact data centers” in all zoning districts. The measure defines these facilities as data centers with a peak electrical load exceeding 10 MW or a daily water draw exceeding 100,000 gallons. The thresholds are notably lower than those used in many recent proposals targeting larger data center developments.

The measure has also prompted litigation. City officials sought judicial review over whether the proposed ordinance is a proper subject for the citizen-initiative process. A court ordered the question placed on the November ballot, but legal questions concerning the measure remain pending. If voters approve the ordinance, it cannot take effect until those issues are resolved or a court otherwise permits implementation.

El Dorado’s Data Center and Battery Storage Restrictions

In El Dorado, voters will consider a similar proposal prohibiting high-impact data centers, but adds a provision allowing the moratorium to remain in effect for ten years, and stipulates that only another vote could repeal or amend the moratorium. The proposal would also prohibit certain battery energy storage systems due to concerns about fire.

El Dorado officials also sought judicial review of the citizen-initiated proposal. In August, the district court determined that the proposed ordinance concerned a legislative function of municipal government and could proceed through the citizen-initiative process, clearing the way for the measure to appear on the November ballot.

Illinois Voters Consider Data Center Moratoriums and Advisory Measures

Bloomington’s Moratorium Proposal

In Bloomington, voters will decide whether to impose a moratorium on large scale data centers in the city. The ballot measure is proceeding despite a six-month moratorium passed by the City Council earlier this year. The ballot measure does not specify the length of the moratorium. One resident who spoke in support of the ballot measure stated that he wanted to ensure that officials “on the county level and on the state level understand that the people in this community do not want data centers here that are unregulated, that don’t have any guardrails.”

Madison County Advisory Measures

Elsewhere in Illinois, voters will have the chance to weigh in on new data center development. Voters in four cities in Madison County will consider advisory measures asking whether local officials should permit the construction and operation of new data centers.

Ohio’s Widespread Data Center Ballot Initiatives

Proposals Based on Electrical Demand

Nine measures ask voters whether data centers should be prohibited based on their projected electrical demand, while three jurisdictions will consider outright prohibitions on data center construction regardless of electrical demand.

Context of Existing Moratoriums in Ohio

These ballot measures are another flashpoint in growing skepticism towards data centers in Ohio, where at least 125 data center moratoriums are currently in effect. Local jurisdictions across the country have considered or implemented data center moratoriums, frequently with the goal of studying the impact that data centers will have on their community.

The November ballot measures give residents an opportunity to weigh in directly on whether data center development should proceed in their communities at all. In some jurisdictions, voters will decide whether their concerns can be addressed through limits based on electricity demand while in others, voters will consider prohibiting new data centers regardless of energy needs.

Florida’s Edgewater Charter Amendment and Broader Political Impact

In Edgewater, Florida, voters will decide whether to amend the city's charter to prohibit the permitting, construction, expansion, or operation of new data centers within city limits. Voters will consider this ballot measure following the enactment of a data center ban by the Edgewater City Council earlier this month.

Edgewater’s Charter Amendment Details

Council members stated that they enacted the ban to prevent a data center from being approved before the November election. The ballot measure is moving forward despite the council's action, as proponents argue that a future city council could reconsider the prohibition and that amending the city charter would provide a more durable restriction on future data center development.

Data Center Opposition and the 2026 Midterm Elections

There has been speculation that opposition to data centers will play a substantial role in the midterm elections. Some voters have stated that opposition to data centers in their community is their primary concern this election, causing some to consider voting for candidates they may not otherwise support, however, recent polling suggests that concerns about data centers and AI are not a big concern for many voters.

Track State Data Center Policy

Last year, states considered hundreds of data center bills, and we expect activity to continue growing in 2026. To stay on top of this rapidly evolving landscape, we've launched MultiState Policy Watch: Data Centers – a subscription featuring legislative analysis, trend summaries, and expert insights across energy, tax, water, zoning, and other policy areas impacting data centers. Sign up here.

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