States Weigh Right-to-Compute Laws as Data Center Ballot Measures Proliferate
Eight states have placed 38 local ballot measures on 2026 ballots addressing data center development, including zoning approvals and moratoriums, with Ohio alone featuring 20 such measures. The broader policy debate encompasses emerging right-to-compute laws that protect ownership and lawful use of computers and artificial intelligence, with Montana having enacted the first such law in 2025 and Ohio and New Hampshire considering similar proposals. Supporters argue these protections encourage innovation and protect individual rights, while opponents contend they limit government authority to regulate environmental and infrastructure impacts.
The proliferation of data center ballot measures reflects growing local concern about development impacts. Ohio's 20 measures—more than half the national total—suggest particularly intense community engagement with siting decisions in that state. These measures indicate voters want direct input on how computational infrastructure develops in their jurisdictions, spanning various regulatory approaches from approval processes to outright development restrictions.
The right-to-compute framework emerging alongside these ballot measures represents a novel legal question about who controls technology deployment. Montana's 2025 enactment created the first legal precedent establishing computational access as a protected right, while pending legislation in Ohio and New Hampshire suggests the concept is gaining traction among some lawmakers as a counterbalance to local land-use restrictions.
The tension between right-to-compute protections and local regulatory authority could significantly reshape how communities manage large infrastructure projects. Residents and municipal officials may face reduced ability to impose local conditions on data centers if such protections constrain zoning and environmental review processes. Conversely, technology companies and those favoring computational expansion could benefit from legal frameworks limiting local restrictions. The outcomes in 2026 ballot measures may signal whether voters prioritize local control or technology development priorities.