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worth noting Regulation and law

US elections bring a wave of measures restricting data center construction

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In the elections on 3 November, 38 of 44 measures restricting data centers passed across 10 US states, and AI-critical candidates won. The impact is expected mainly on projects planned from 2028 onward, while existing construction remains unaffected.

Voters in the US elections held on 3 November 2026 largely supported measures restricting the construction of data centers and elected candidates advocating for stricter regulation of AI infrastructure. According to tracking by Redbud Consulting, 38 of 44 ballot measures aimed at restricting data centers passed across ten states. The measures included dozens of moratoriums and bans on new projects.

Analysts cited by the source state that the results will not affect data centers that are already under construction or have approval valid through 2027 — the restrictions, they say, will mainly impact projects planned for 2028 and later. The only measure that passed in favor of continuing construction concerned a city in North Dakota, and even that imposes conditions: developers must pay for an independent assessment and hold public hearings when expanding or proposing new projects.

Voters also elected AI-critical candidates to positions in key states where the largest share of US data center construction capacity is concentrated. Representatives of large tech companies, according to the source, claim that voter opposition is more "anti-Trump" than "anti-tech" — this is framing by the industry, not a confirmed explanation of the causes behind the results.

What changed

Why it matters

The result signals growing political opposition at the local level in the US to the rapid construction of AI infrastructure. For companies planning data centers after 2028, the risk is increasing of delays, additional conditions (public hearings, independent assessments), or outright bans in the affected states, while projects with approval through 2027 remain unchanged.

Relevant practical impact

What this means

01

For a business

Companies planning to expand AI data centers in the US after 2028 face increased regulatory risk: new moratoriums and bans in ten states may delay or block future projects, while construction already approved through 2027 is not at risk.

Risks and compliance
What to decide Companies planning to build data centers in the US should check the permitting status and local regulations in the target state before 2028.
More business impacts →
AI infrastructure data centers politics regulation USA elections

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Event sources

only one source so far · 1 publisher, 1 independent. We count feeds from the same owner only once.

1
Ars Technica (AI) independent context · first detected Big Tech claims voters’ AI backlash is “anti-Trump” not “anti-tech”