Technology and industry

AI data centers

What changes with a Democratic Congress
Hearings on ratepayer costs; conditions on federal land and DOE support possible
What stays with the executive or foreign actors
FERC large-load rules; state and local siting; governors in Texas and Georgia
Next decision point
Grid operators' responses to FERC large-load show-cause orders, 16 November 2026

Data-center construction, sold as an economic engine, became a liability for Republicans during the campaign. Investors were already questioning the spending: big AI bets had started to wobble on concerns about cost and overcapacity, and the Nasdaq had fallen about 8% in the month before the vote (Reuters). Grid capacity was already the main constraint on the buildout. PJM's capacity auction for 2028/29 cleared at its $325 per megawatt-day cap and fell 6,831 megawatts short of its reliability requirement, and FERC on 9 October 2026 approved PJM's large-load registry while rejecting most of the rest of its large-load plan, including curtailment (Utility Dive). Voters in 38 local jurisdictions faced at least 41 measures to delay, prohibit or condition data centers (Reuters).

On election day voters in at least 29 jurisdictions passed bans or restrictions (The Washington Post). The larger change came in the governors' races. Gina Hinojosa, who called for a halt to new data-center projects in Texas until lawmakers set rules for them (KFOX14), defeated Greg Abbott, and Keisha Lance Bottoms won Georgia, home to the country's most active construction market around Atlanta (Reuters). Texas alone accounts for about a quarter of US capacity due online by 2030, according to GLJ Research. Shares of data-center operators Core Scientific, Iren, Applied Digital and CoreWeave fell 2–4% in premarket trading on 4 November (Reuters).

Congress's direct power over siting is small, because land use, utility tariffs and tax incentives sit with states and FERC. Its levers are oversight and money: hearings on whether operators pay the full cost of the grid upgrades they trigger, conditions on Department of Energy loans and on data centers built on federal land, and pressure on FERC, whose commissioners need Senate confirmation. Senior committee Democrats say they will press operators on commitments to cover their full energy costs (Politico). The administration controls the federal levers that accelerate building, including federal land offers, DOE financing and nuclear-restart support, and it is likely to keep using them, which sets up conflict with new Democratic governors.

Political permission is now as tight a constraint on new capacity as turbines and transformers. Projects in Texas and Georgia that depend on state incentives or fast-tracked interconnection face renegotiation, and developers will look harder at states with Republican governors, at behind-the-meter gas and at sites abroad, including the Gulf and Malaysia. Elon Musk posted that "data centers in space" were looking appealing, which is not a near-term option (Reuters). Investors framed the result as a test of the industry's license to operate. Amundi's Aidan Yao called the election "more like a referendum on AI than a referendum on (Donald) Trump," and TCW chief executive Katie Koch said AI providers "really have a PR crisis right now on their hands" (Reuters). Anthropic, which could begin marketing its initial public offering as early as the week of 9 November, may test that sentiment within weeks (Bloomberg). Power prices link this section to the Iran war and energy markets, and the financing question links it to Gulf capital; both are treated in the cross-cutting section.

Indicators to watch

  • Grid operators' responses to FERC's large-load show-cause orders, due 16 November 2026 for five RTOs and ISOs and 20 November for SPP (FERC).
  • First actions by Governor-elect Hinojosa on data-center permits or tax abatements after her inauguration in January 2027.
  • Hyperscaler capex guidance for 2027 in fourth-quarter results in late January and early February 2027.

To discuss what the result means for your company, inquire about a briefing with the authors.

As of 4 November 2026, 14:00 GMT. Not legal, investment or tax advice.