Data Centers
Voters Target Data Centers With Local and Statewide Ballot Measures
May 7, 2026 | Kim Miller
Following Maine Governor Janet Mills' veto of a state data center moratorium (ME LD 307), communities across the country are turning to data center ballot measures as an alternative way to regulate development. Ohio voters may decide on a statewide initiative to ban data centers requiring 25 MW or more of power, which could set a precedent for similar efforts in the 23 states that allow citizen-initiated ballot measures. Local data center construction restrictions are gaining traction, with voters in Port Washington, Wisconsin approving a measure requiring voter approval for tax incentives, while communities in Nevada, California, and Maryland pursue their own ballot initiatives. South Dakota passed SB 135, which allows local governments to regulate or ban data centers rather than implementing a statewide prohibition, reflecting the different political considerations between state and local AI data center legislation.
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