On Nov. 3, voters in 10 states will vote on 41 ballot measures affecting local data center policy.

A “yes” vote on 28 of these measures would limit data center development through policies such as bans or moratoriums. A “yes” vote on the remaining 13 measures would facilitate data center development through policies like zoning.

Voters have already decided six measures this year and, in each case, a majority of voters favored greater limits on data center development, either by approving new restrictions or requirements or by rejecting a measure that would have facilitated or supported development. Including these measures, and three that voters will decide after Nov. 3, Ballotpedia is covering 50 local ballot measures in 13 states related to data centers this year.

Ohio voters will decide on 21 measures, more than any other state. Illinois follows with seven measures. Maine voters will decide four, and Kansas voters will decide three. Voters in California, Florida, Nevada, New Jersey, North Dakota, and Wisconsin will decide one each.

State policies on data centers

State and local governments can affect data center construction through policy actions like permitting, zoning, and tax incentives. As of April 2026, 38 states had created tax incentives to encourage data center construction.

State and local governments can also use some of these policy actions to prevent or limit data center construction, for example through moratoriums (temporary halts) on issuing permits for new projects. In July, New York Gov. Kathy Hochul (D) issued an executive order for the first state-level moratorium on data center construction. This one-year moratorium barred state regulators from issuing permits for new data centers expected to use 50 megawatts or more of electricity. Other states have also issued moratoriums on administrative measures like tax breaks and environmental permits for data center construction.

What the Nov. 3 ballot measures would do

Twenty-eight measures, if approved, would limit data center development:

• Seventeen would ban data centers. Twelve of these would ban data centers above a certain size threshold. For example, one measure in Kansas would ban data centers using more than 25 megawatts of electricity. Five would ban all data centers.
• Three would issue six-month moratoriums on data center development. One measure for a moratorium in Wells, Maine, would also retroactively "nullify any final permit, license, or other approval of a new or expanded Data Center issued by a municipal reviewing authority within 45 days of the effective date."
• Two measures in Ohio would establish zoning regulations for unincorporated areas of the local jurisdictions. If the measures are successful and the areas are covered by zoning regulations, they would have to be zoned for a use consistent with data center construction (such as industrial) for a project to be built there.
• One measure in Ohio would require voter approval for data center projects above land, water, and power use thresholds, while another measure in Wisconsin would require voter approval for a specific data center project if it costs more than $450 million.
• A measure in North Dakota would require independent professional review and a public hearing for projects exceeding various land area, power, and water use thresholds, as well as projects requiring a major air quality permit.
• A measure in Ohio would require data center developers receiving tax incentives to provide financial guarantees to the community.
• Two non-binding measures in Illinois would express voter disapproval of data center projects.

Thirteen measures, if approved, would facilitate data center development:

• One measure in Nevada would add data centers as an approved use for a particular area of land.
• One measure in Ohio would uphold a town agreement with a specific data center company.
• Four measures in Wilmington, Ohio would rezone specific areas of land from residential to industrial uses, allowing data center construction at these sites. According to WCPO News, a specific data center company may build on this land if it is rezoned.
• Seven non-binding measures in Illinois, New Jersey, and Ohio would express voter approval of data center projects.

Voters in four states have already voted on six data center-related measures.

• On March 10, voters in Canterbury, New Hampshire, approved a ban on data centers 83.6% to 16.4%.
• On April 7, voters in Port Washington, Wisconsin, approved an initiative 66.4% to 33.6% requiring voter approval for the city to create a Tax Incremental District if projects in the district cost $10 million or more.
• On June 2, voters in Monterey Park, California, approved a ban 88.3% to 11.7%.
• On Aug. 4, voters in Augusta Township, Michigan, defeated a measure 89.6% to 10.4% that would have rezoned specific areas of land for a proposed data center.
• On Aug. 11, voters in the village of Wrightstown, Wisconsin, defeated a nonbinding measure 87.3% to 12.8% that would have recommended village actions to support data centers.
• On Sept. 8, voters in Nottingham, New Hampshire, approved a one-year moratorium on data center permitting 90.3% to 9.7%.

On Dec. 1, voters in Clarksville, Arkansas will decide whether to uphold two different city bond issue ordinances intended to support a data center project. On Dec. 15, voters in Mandan, North Dakota will vote whether to ban data centers using 25 megawatts or more.

Click here to learn more about data center-related ballot measures in 2026.