County commissioner receives death threats after data center vote, recall not expected until January

Three county commissioners in Lincoln County face potential recall elections after the board voted against a data center moratorium. But while residents are frustrated with the commissioners' votes, an election deciding their future in public service likely won’t happen until next year.

The scene on July 13 played out in similar fashion to other county board meetings across the state when the topic of data centers came up. Lincoln County residents filled the county commissioners meeting, nearly all of them asking the board to vote in favor of a moratorium.

“I was in no way prepared for this turnout,” Commissioner Micaela Wuehler said.

Many residents called for the moratorium so that the county could have time to draft regulations on potential data center developments. More than a dozen counties are considering or have already implemented moratoriums that delay approving new data center developments.

The mad dash to get moratoriums on the books has followed legislative bills that pave the pathway for data centers and expedited development. But Pillen took a step back just this month, signing an executive order that ends data center developers’ access to using tax incentives under the state’s ImagiNE Nebraska Act.

Much like other recent community meetings about data centers, most attendees at the Lincoln County meeting were concerned about water and electricity usage from the facilities.

“I understand you want tax relief,” Karleen Monheiser said. “But there’s gotta be a different way. Where the farmers and ranchers are limited on wells, limited on how much water they can use now, you put a data center anywhere, and that’s only going to get worse. Let’s be reasonable”

Exchanges between the commissioners and the public became tense at times, as commissioners kept public comments to a strict time limit, cutting off some residents’ comments. After audience members applauded public commenters who they agreed with, chairman Kent Weems struck his gavel, calling for order.

“This is not a pep rally,” Weems said. “Please be respectful.”

One commissioner, although it was unclear which, mumbled that the crowd should act like grown-ups. When audience members continued to applaud, commissioners threatened to have them thrown out.

“We’re trying to get as many people to voice their opinion as we can,” Weems said. “And the back and forth is not helping.”

County Development Director Judy Clark explained that zoning regulations are living documents that change with the county and that they should be amended as time passes. She argued that if the county banned data centers, developers might come in and pitch their project as a warehouse, which would be permitted, and there would be nothing she could do to stop it. County staff argued that the board can craft regulations around conditional use permits to their advantage if they focus on drafting those regulations instead of banning data centers.

“You don’t want to pigeon hole yourself into ‘have-to’s,'” Clark said.

Weems and Wuehler were the only members who voted in favor of a six-month moratorium. Commissioners Joseph Hewgley, Christopher Bruns and Jerry Woodruff, who now face recall petitions, voted against it.

“The recall process is complicated and is not a quick process,” Lincoln County Clerk Rebecca Rossell said.

David Huebner filed the petition on July 14 and the board members called out in the petition drive have until Aug. 10 to submit defense statements, which will circulate with the petitions, although none have been submitted yet according to Rossell.

Between the commissioners’ districts, petitioners will have to gather more than 2,900 signatures from registered voters in Lincoln County, with District One, Hewgley’s district, needing more than 1,100 of those signatures. Hewgley is the only commissioner who agreed to comment on the recall drive.

"The people are important to me; the county is important to me,” Hewgley said. "All of our natural resources are important. Water is our lifeline.”

Hewgley said he voted against the moratorium because he felt it would delay the process for getting meaningful regulations in place, which he added needs to happen “as soon as humanly possible.” Hewgley said the board already asked the planning commission to refine regulations around data centers.

“I want us to keep the pedal to the metal,” Hewgley said. "We're almost there. I think people will probably end up being pleased."

Hewgley said that natural resources should be protected under any regulations the board approves, calling that a “no brainer.” After living and working in Lincoln County as a commissioner for decades, he said he has tried to make the best decisions he can after doing his homework. Hewgley alleged that some in the community have threatened himself and his family through hate mail, and while he did not elaborate further, he said that some of the threats included death threats.

"What hurts me is that people are going to try to burn me at the stake because they disagree, not even with my position because they don't know my position, (but with) a procedural vote about a moratorium,” Hewgley said. “That hurts."

Rossell said because of state statutes governing local elections in a federal election year, it is highly likely that any recall vote won’t be legally scheduled until January 2027.