Democratic gains put data centers and AI safety under scrutiny

The AI industry faces potentially stricter regulation after the 2026 midterms brought victories for Democrats campaigning to constrain data center construction and strengthen oversight. Rising electricity costs and water use fueled opposition across party lines. According to Redbud Consulting, voters approved restrictions in 44 of the 45 elections where counting was finished.

OpenAI responded by renewing its pledge to cover infrastructure upgrades and electricity costs for its data centers, encouraging lawmakers to make those commitments legally binding. It also promised to prioritize cooling systems that minimize water use, disclose electricity and water consumption, and limit nondisclosure agreements around development deals. Anthropic warned in its initial public offering filing that moratoriums could delay facilities needed to power its models.

The incoming Democratic congressional majority is expected to pursue more hearings, investigations and subpoenas examining companies’ safety standards. Lawmakers have introduced proposals covering emergency shutdown mechanisms, slower development and restrictions on superintelligence. Some measures have bipartisan support, but disagreements leave their legislative prospects uncertain.

President Donald Trump has favored accelerated development, competition with China and voluntary industry safeguards. Newly elected governors and lawmakers could complicate that approach by imposing construction conditions. A nationwide data center moratorium advocated by Sen. Bernie Sanders faces long odds in Congress and a certain presidential veto.