ACLU Sues Fenwick Island for Allowing Corporations to Vote

FENWICK ISLAND, Del. – The ACLU of Delaware (ACLU-DE) filed a lawsuit against Fenwick Island on Thursday for what they say is a violation of the Delaware Constitution.

The ACLU-DE says they are the Plaintiff in the lawsuit, with active members who have voted in Fenwick Island’s recent elections. The suit alleges that Fenwick Island has diluted its residents votes by allowing corporations and LLCs to vote in municipal elections. ACLU-DE asserts that this is a violation of the Elections Clause’s guarantee of “free and equal” elections and in violation of the principle of “one person, one vote.”

The organization cited data that indicated, as of October, over 200 artificial entities are registered to vote in Fenwick Island. This would comprise approximately 12 percent of the town’s electorate.

“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.”

This issue became a point of contention in 2023, when Seaford attempted to amend its charter to allow the practice. The measure was passed in the town on a one-vote margin, but it failed to pass two-thirds of the state legislature.

The ACLU-DE says that they have conducted an investigation and found that at least five towns from across the state have allowed the practice for municipal elections. The organization noted that the lawsuit filed on Dec. 4 is the first known legal challenge to artificial entities voting in municipal elections, both in Delaware and nationally.