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A look at right-to-compute laws and the data center debate


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Voters in eight states will decide on 38 local data center-related ballot measures in 2026, including 20 in Ohio. The measures span 35 jurisdictions and address issues ranging from zoning and project approvals to moratoriums and prohibitions on data-center development.

The emerging debate over data centers also includes discussions over what are sometimes called right-to-compute laws. This broader debate includes topics such as AI regulation, individual rights, data-center development, energy and water use, and the division of authority between state and local governments.

Right-to-compute laws establish legal protections for the ownership and lawful use of computers, artificial intelligence, and other computational resources, including computers, servers, and data storage. Montana became the first state to enact a Right to Compute law in 2025, while lawmakers in Ohio and New Hampshire have considered similar proposals in 2026.

Right-to-compute legislation remains under consideration in several states. Ohio lawmakers introduced House Bill 392, the Ohio Right to Compute Act, in 2025. The bill remains in the House as of September 2026. New Hampshire's House passed House Bill 1124, its Right to Compute Act, in March 2026, and the Senate referred the proposal for interim study in May.

Supporters of right-to-compute laws say that access to computational technology is increasingly connected to existing rights such as property and free expression. They say that governments should have to justify restrictions on lawful uses of computing technology and that right-to-compute protections can encourage technological innovation and investment.

Opponents of right-to-compute laws say they limit state and local governments' authority to regulate data-center development and manage resources such as water, potentially opening up communities to harm. Opponents say the laws can expose governments to litigation and constrain their ability to address environmental, infrastructure, public-health, or other concerns as computational technologies develop.