US voters approve at least 33 data center restrictions in midterms

The restrictions ranged from permanent bans to moratoriums, time-limited actions and limits based on a project's size or power consumption, Tom's Hardware reported. A measure in Harwood, North Dakota, that would have added an extra review process for industrial projects including data centers failed. Roughly 40 cities and towns weighed data center measures, and only 24% of voters in Harwood backed the review measure, USA Today reported.

A second tracker of some 46 data center measures across 10 states found all 33 measures to limit data centers set to pass, and 11 of 13 measures to permit construction set to be defeated, Tom's Hardware reported.

What passed

In Trenton, Ohio, voters passed a ban on data centers above 25 megawatts with 80% of the vote, according to unofficial results reported by WVXU. The ban blocks the city's plan to annex about 600 acres for a 1,000MW Amazon data center campus, though the AWS project could still proceed if the land stays in surrounding townships.

An NBC News exit poll cited by USA Today found 56% of voters said AI and data centers were at least a major factor in their vote for Congress. About 76% said they would oppose new data centers in their communities. Tom's Hardware cited polling showing 70% of Americans oppose AI data center build-outs.

Political context

With some results still coming in, Democrats gained seven Senate seats and 25 House seats, giving them control of both chambers, DataCenterDynamics reported. Twenty-six candidates across 21 of the 36 states up for grabs ran on tickets promising anti-data center legislation.

In Texas, Democrat Gina Hinojosa unseated Greg Abbott after campaigning for an immediate moratorium on data centers, DataCenterDynamics reported. Hinojosa called Abbott's summer moratorium a "scam" and said Abbott would likely lift it on November 4, right after the election. Republicans still control the state legislature, CNBC reported, limiting how far she can change policy.

What comes next

It is unclear whether the measures will affect projects already under way. Of more than 300 local data center bans across the US, only three developments totaling 2.3 gigawatts have been delayed, with 38 gigawatts expected online by 2027 and investment still on track to hit $32 trillion by 2050, Tom's Hardware reported.

TechCrunch reported that Democratic control could improve the odds for a nationwide moratorium bill from Senator Bernie Sanders and Representative Alexandria Ocasio-Cortez, and that Goldman Sachs predicted construction delays in states including Georgia and Texas.

OpenAI and Anthropic are looking for projects of 20 to 30 megawatts as their gigawatt-scale sites face delays, Tom's Hardware reported.