A legal fight over a data center ban petition in Heath adds to a wave of ballot measures across central Ohio that could pressure the industry New Albany depends on for $10 million in annual revenue.

Heath Law Director David Morrison declared a 276-signature petition to ban data centers over 25 megawatts null and void, NBC4 reported Sept. 1. Margo Mayberry, 83, who led the petition drive, first submitted signatures on Aug. 17 but fell short of the 220 required. She submitted again on Aug. 24, and the Licking County Board of Elections confirmed 276 total.

Morrison said Mayberry could not add signatures after her initial filing, could not withdraw and resubmit, and was required to submit all papers at once.

Attorney Nick Owens, representing the petitioners, disputes that reading. "We're not trying to resubmit the petitions from submission one or submission two; we're trying to make a third submission," Owens said.

Owens pointed to the Village of Granville, where the Board of Elections confirmed petitioners also submitted twice and the village accepted the combined total. He called on Heath leaders to return the petitions, allow a third distinct submission and place the measure on the November ballot.

Heath City Council faces a Sept. 4 deadline. If council does not act and residents later gather enough signatures on a new petition, the city would be required to hold a special election. The Licking County Board of Elections said a special election could cost the city thousands of dollars.

Heath is one of several communities moving toward data center restrictions. Pataskala and Sunbury have already approved ordinances placing similar bans on the November ballot, according to NBC4. On Sept. 1, the Ohio Supreme Court ruled that Trenton, in Butler County, must let residents vote on a data center ban after the court found the city council had "disregarded applicable law."

As we reported Aug. 29, the statewide ban campaign poses a direct challenge to New Albany's revenue model. Data center projects generated roughly $10 million in community development charge revenue for New Albany in tax year 2024, according to the city's data center finance page. Community Development Director Jennifer Chrysler told Bloomberg Tax that the money helped fund a police station expansion, a veterans' memorial and a natural space with walking trails and a playground.

The New Albany International Business Park now has 68 data center buildings complete or under construction, covering more than 14.5 million square feet, according to Bloomberg Tax, citing city officials.

Heath City Council must decide by Friday whether to certify the petition or face the prospect of a costly special election down the road.