November Ballot Measures Could Tighten Data Center Siting Rules Across Six US States

Voters in 28 local jurisdictions across six US states are set to consider data center-related ballot measures in November, according to MultiState. The initiatives include proposed prohibitions on new facilities, development moratoriums and measures designed to make existing restrictions more durable through local law.

Kansas provides two of the more consequential examples. In Emporia, a proposed measure would apply to “high-impact data centers,” defined as facilities with peak electrical load exceeding 10 MW or daily water draw exceeding 100,000 gallons. Legal questions surrounding the initiative remain unresolved. Even if approved by voters, it would not take effect until those issues are resolved or a court rules on them.

In El Dorado, voters will consider a proposed moratorium that could remain in force for 10 years. Any amendment or repeal would require a further vote, potentially creating a long-lived constraint on new data center development.

Ohio is a major focal point of the ballot activity, with measures under consideration in 14 local jurisdictions. MultiState reports that at least 125 data center moratoriums remain active statewide, although the source does not specify the date of that count.

In Edgewater, Florida, voters will decide on a proposed city-charter amendment that would prohibit new data centers.

For developers and operators, the measures reinforce the need to assess municipal approval risk alongside grid and water constraints at an early stage of site selection. Projects with higher stated power demand or water use could face greater exposure to local opposition. The ballot initiatives could lengthen permitting timelines, create the risk of outright prohibition, or subject development to extended moratoriums; however, all of the measures remain subject to the forthcoming votes and, where applicable, legal review.