Data Center Moratoriums: What Passed on Nov. 3 and Who Is Affected?

Voters chose to limit data center development in 40 of the 41 local ballot measures decided on November 3, 2026, and New York has the only statewide moratorium in effect. For most businesses the direct effect is small, because these rules mainly target hyperscale campuses, but the indirect effect on rack space, timelines and power costs is real. This guide separates what passed from what was only proposed, then explains what an IT or procurement team should do about it. All ballot results below are unofficial until counties certify them.

What passed on the November 2026 ballot?

The Duane Morris Government Strategies tracker counted 41 local measures in 10 states on November 3. With all 41 counted as of the morning of November 5, voters limited development in 40 and supported it in one. The exception was Harwood, North Dakota, where voters rejected extra review of industrial projects by about three to one, according to Scientific American. In Wells, Maine, 82% of voters approved a 180-day moratorium, which Scientific American describes as retroactive.

• Ohio had 21 of the year's 50 local measures, voters went against data centers in all 21, and 11 of them were bans passed by voters (Duane Morris).
• Illinois had seven advisory questions, all of which went against data centers. None of the seven binds local officials.
• All three Kansas bans and all four Maine town votes passed, according to the same tracker.
• Three votes are still to come: Clarksville, Arkansas votes December 1 on two bond authorizations, and Mandan, North Dakota votes December 15 on a 25 MW ban.

Did any state pass a statewide data center moratorium?

New York is the one state with a statewide pause in effect, and it came from an executive order rather than a ballot or a statute. Governor Kathy Hochul signed the order on July 14, 2026, pausing state environmental permits for up to one year while the state writes new rules. CNBC reported that the order covers new data centers using 50 MW or more. Davis Polk adds that it reaches construction or expansion, excludes facilities used mainly for manufacturing, research, education or medical care, and does not apply to local government permits. The legislature had passed a one-year moratorium at a lower 20 MW threshold on June 4, according to Davis Polk, but that bill had not become law as of November 6, 2026, and the state Senate bill page showed no signature or veto.

Elsewhere, statewide moratoriums have failed so far. Maine's legislature passed one, and Governor Janet Mills vetoed it on April 24. Quorum reported on October 26 that moratorium bills appeared in 11 states and none became law. A proposed Ohio constitutional ban above 25 MW missed its July 1 signature deadline, and its backers are aiming for November 2027, according to Duane Morris. State action is taking other forms. Quorum reports that Washington, Maine and New Jersey cut tax incentives in 2026, and that 10 of the 24 enacted laws it names decide who covers the cost of powering data centers. Dell'Oro Group noted on October 14 that Pennsylvania removed data centers from its fast-track permitting program in August and that Texas ordered an audit of data center projects in the ERCOT interconnection queue.

Why are voters turning against data centers?

Power bills are the main argument. Fortune reported that PJM capacity prices rose from $28.92 per megawatt-day in 2024-25 to $329.17 for 2026-27, and that PJM's independent market monitor estimated data centers caused 63% of the 2025-26 auction increase, or $9.3 billion. Fortune also cited a Heatmap poll in which more than 70% of Americans said they would oppose a data center planned for their area, with rising electricity prices as the top reason.

The evidence on household bills is contested. A Rutgers policy lab analysis dated June 22, 2026 found no statistically significant effect on residential bills at the utility level from 2014 through 2024. Its authors caution that this was a pre-hyperscaler period and that the future could look very different. Buyers do not need to settle that argument, because the politics are moving regardless of how the costs are finally allocated.

Do these moratoriums apply to my server room or colocation deployment?

Probably not directly, but the wording matters. Many local measures use a 25 MW peak-demand threshold, which Duane Morris describes as a line aimed at hyperscale sites, and New York's order starts at 50 MW. A deployment of a few racks sits far below both. Some measures read more broadly: the tracker summarizes Hubbard, Ohio as prohibiting data centers within city limits, with no size limit in the summary. A summary does not show how each text defines a data center, so ask counsel or local planning staff before building a dedicated facility in a town that has just voted.

• Definition: what counts as a data center, and is there a size or load threshold?
• Expansions: Wiscasset, Maine's six-month moratorium covers applications for new or expanded data centers, so growth at an existing site may be caught.
• Binding force: an advisory question signals intent but does not change the rules by itself.
• Duration: many pauses run 180 days or 12 months, so ask what happens when they end.

What does this mean for rack space and colocation?

The larger effect is on supply. CBRE put primary-market vacancy at 1.4% in the first half of 2026, with over 80% of capacity under construction already preleased. CBRE's H1 2026 report says new last-mile projects face permitting, planning and zoning hurdles that delay energization. Dell'Oro Group said on October 14 that it now regards siting and permitting as the most serious near-term brake on the market. Local pauses do not remove demand, so we expect more competition for capacity that is already permitted and powered. That is our reading, not a forecast from those firms.

Keep it in proportion, though. Fortune cited Reuters reporting that data center capacity under construction is up 48% nationwide, and said Goldman Sachs strategists see a nationwide moratorium as unlikely. Our colocation shortage guide covers the options and how to size rack power, and on-prem vs colocation compares the two hosting models.

Should this change my AI deployment plans?

It should change how you check your hosting plan, not whether you have one. A pause in one town rarely affects a signed lease in a powered building, but it can affect the next phase that your provider has promised.

• Ask whether expansion capacity is already permitted and energized, or depends on a future phase.
• Put delivery dates and remedies in the contract rather than relying on a sales roadmap.
• Treat renewals as a procurement event: CBRE's midyear outlook says tenants across all size ranges may try to renew early.
• Keep a fallback, such as a second market or rented capacity, for the months before a site is ready.
• Right-size first: fewer, better-matched servers need less power and fit in more places.
• Align hardware orders with the hosting date, using current server lead times rather than last year's.

What should buyers watch next?

• County certification of the November 3 results, which Duane Morris says may shift counts slightly.
• The December votes in Clarksville and Mandan.
• New York's regulatory framework, which the state is writing during the pause of up to one year.
• Texas: Scientific American reports that incoming governors in Texas, Georgia and Ohio made data center regulation a key campaign issue, and that one analysis puts Texas at about a quarter of the U.S. capacity in the works.
• Recalls: Duane Morris cites Ballotpedia's count of 42 recall efforts against 80 officials through early October, and reports seven more officials removed on November 3.

Where you host is your decision, and hardware is where Nexus Compute can help once that plan is firm. We supply new servers, GPUs, storage and networking through authorized distribution channels with the full manufacturer warranty, check compatibility against your platform before dispatch, and quote within 48 business hours. Purchase orders and net terms are available for qualified organizations. Request a quote or email sales@nexus-compute.com with your rack power limit and workload.