FENWICK ISLAND, Del. - The ACLU of Delaware has filed a lawsuit against Fenwick Island, accusing the town of violating the Delaware Constitution in allowing corporations and LLCs to vote in municipal elections.
ACLU-DE says that by allowing non-human entities to vote, Fenwick Island dilutes actual human votes in violation of Delaware’s Elections Clause guaranteeing “free and equal” elections.
“There are over 2 million artificial business entities incorporated in Delaware and only about 1 million people,” said Andrew Bernstein, ACLU-DE Civic Engagement Counsel. “Under these conditions, the people of Delaware risk having their voices drowned out when towns like Fenwick Island allow artificial entities to vote.”
The ACLU’s lawsuit argues that allowing businesses to vote could sway the outcome of the town’s elections. As of October of this year, the ACLU says these entities accounted for about 12% of the town’s electorate, with 200 of them registered to vote.
In 2023, Seaford attempted to adopt a similar voting policy but ultimately failed after state lawmakers rejected a proposed charter amendment. The ACLU says they found that at least five towns in Delaware already allow artificial entities to vote in municipal elections, including Fenwick Island. Their lawsuit, filed on Dec. 4, is the first to challenge the practice in Delaware and nationally, according to the civil rights organization.
WBOC reached out to Fenwick Island Mayor Natalie Magdeburger on Thursday for comment on the lawsuit. Magdeburger said she had not seen the lawsuit yet and cannot provide comment until she had reviewed it.
