The ballot question
Start with the proposition itself. Everything below is quoted from City of El Dorado documents.
“An Ordinance of the City of El Dorado, Kansas, prohibiting the installation and operation of High Impact Data Centers (defined as data centers with a peak electrical load exceeding ten (10) megawatts, or a daily water draw exceeding one hundred thousand (100,000) gallons) and Tier 2 and Tier 3 battery energy storage systems (defined as systems with an aggregate energy capacity greater than 80kWh). If adopted, this Ordinance shall remain in effect for ten (10) years and may not be repealed or amended during that period except by a vote of the electors.”
Vote No
A No vote keeps the rules El Dorado already adopted. Every data center and battery project still needs a Special Use Permit, public hearings, and conditions set project by project, and the City can still say no.
Four lines in the ordinance, four problems
Locked in for a decade
Once passed, the City Commission can’t adjust it for ten years. The only fix is another election. A decade is a long time to hang a “closed” sign on El Dorado while other towns compete for the same investment.
The line is drawn very low
Florida’s incentive law defines a data center at 100 megawatts. This ban starts at one-tenth of that, so it reaches far beyond giant AI campuses to smaller server and computing facilities.
Gallons a day is a tiny slice
That’s 1% of the 10 million gallons a day the City has set aside for industry. The ban applies no matter how efficient the cooling design, and the City already requires water numbers before any approval.
It bans batteries, too
Battery storage above 80 kWh is prohibited, not just at data centers. That covers systems businesses and utilities use for backup power and grid reliability, which national fire codes and the City’s permit process already regulate.
High Impact Data Center
“server farms, colocation facilities, AI training facilities, cryptocurrency mining operations, and similar high-density computing facilities requiring a peak electrical load exceeding ten megawatts, or a daily water draw exceeding one hundred thousand (100,000) gallons.”
Tier 2 BESS
“an aggregate energy storage capacity between 81 and 600 kilowatt-hours (kWh) or is comprised of more than one energy storage system technology in a room or enclosed area.”
Tier 3 BESS
“an aggregate energy capacity greater than 600 kWh and, if in a room or enclosed area, consists of only one energy storage system technology.”
Only voters can change it
If adopted as written, the City Commission cannot amend or repeal the ordinance for ten years. The only way to change it before then is another ballot question approved by voters.
- How it reached the ballot
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Early 2026
City identifies that its zoning code has no special-use requirements for 16 emerging industries, from data centers and battery storage to advanced manufacturing and small modular reactors.
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Feb 26, 2026
City staff recommend clear standards plus Special Use Permit review, rather than no rules or a ban.
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Mar 26, 2026
Planning Commission holds a special hearing and votes unanimously to table until April to verify claims made in public comment.
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Apr 23, 2026
Planning Commission votes 6–0 to recommend the emerging-industries regulations, with stronger safeguards on setbacks, utilities, hazardous materials, and decommissioning.
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May 22, 2026
City says its zoning code does not define or regulate data centers and begins work on a regulatory framework.
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Jun 1, 2026
City Commission hears from citizens and votes 5–0 to adopt Ordinance G-1463. Data centers and battery storage now require a Special Use Permit, which can be denied.
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Jun 22, 2026
City receives a citizen-initiated petition under K.S.A. 12-3013.
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Jun 25, 2026
Butler County Clerk certifies the petition.
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Jul 13, 2026
City Commission votes 5–0 to seek a declaratory judgment, and 4–1 to adopt a moratorium on the covered uses through Nov 30, 2026. No data center project had been submitted.
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Aug 21, 2026
District Court (Judge Satterfield) rules the petition is legislative and may proceed. The ruling addressed process, not the merits.
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Aug 2026
City Commission votes 5–0 to send the ordinance to voters rather than adopt it directly.
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Aug 31, 2026
Official ballot language published.
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Nov 3, 2026
General election. The question is on the ballot.