California Campaign Disputes Proposition 45 Claims
The Yes on Proposition 45 campaign cites a legal memo to challenge claims that the ballot measure includes data centers.
Updated on Oct. 21, 2026 in Data Centers
Live Poll
Do you trust that ballot measures like Proposition 45 clearly disclose their impact on local infrastructure?
Proponents of Proposition 45 are demanding that television stations pull advertisements suggesting the measure would facilitate data center construction. The campaign points to an Office of Legislative Counsel memo which states that statutory definitions for broadband access do not apply to data centers.
Why it matters
The dispute centers on whether Proposition 45, which covers eight project categories including essential broadband internet access, would inadvertently permit new data center developments. Opponents argue the measure creates a loophole, while supporters contend the legal definitions exclude such facilities.
The measure establishes specific regulatory deadlines for eight project categories, including broadband access. With the election just two weeks away, the campaign is actively using the new memo to challenge opposing ads.
The players
Office of Legislative Counsel
This government body provides non-partisan legal services and advice exclusively to members of the California Legislature and their staff.
Yes on Proposition 45
This is a ballot measure campaign committee currently advocating for the passage of the initiative in the upcoming election.
No on Proposition 45
This is a campaign committee opposing the ballot initiative and highlighting concerns about its potential impact on infrastructure.
The details
The Office of Legislative Counsel reviewed existing state broadband statutes to reach its conclusion, which supporters believe would hold binding authority if the measure passes in November. Attorneys for the Yes on Proposition 45 campaign have sent cease-and-desist letters to broadcast stations currently airing conflicting information.
Timeline
Tuesday, October 20, 2026: The campaign published the legal memo and issued cease-and-desist letters.
November 2026: The state election regarding Proposition 45 takes place.
The Tech Race
The debate over whether data centers qualify as broadband infrastructure reflects a broader tension between expanding high-speed connectivity and managing the environmental and land-use impacts of industrial computing facilities. This fight highlights how technical regulatory definitions in ballot measures can significantly shift the competitive landscape for data center developers.
Voters will need to weigh the potential for increased broadband expansion against arguments regarding the measure's impact on data center development in their communities. These legal arguments directly affect the clarity of information presented in political advertisements currently airing across the state.
The takeaway
Proposition 45 highlights the importance of scrutinizing technical language in ballot initiatives that impact infrastructure development. Residents should carefully review official voter guides to understand how broadly defined project categories might affect their local area.
What happens next
The election regarding Proposition 45 is scheduled for November 2026, which will determine if these regulatory provisions become state law.
Further reading
For more context on how state policies are shaping local infrastructure projects, visit the Data Centers section.
Source note: This article includes information reported by The Sacramento Bee.
Live Poll
Do you trust that ballot measures like Proposition 45 clearly disclose their impact on local infrastructure?
