UPDATE: Superior Court Dismisses ACLU Voting Suit Against Fenwick Island

UPDATE: The Delaware Superior Court has dismissed a lawsuit filed against the Town of Fenwick Island, saying municipalities are permitted to vote on behalf of entity property owners.

Chief Judge Collins J. Seitz issued the opinion on Tuesday, May 26, dismissing the Delaware American Civil Liberties Union (ACLU-DE) claim that Fenwick’s Charter violates the Elections Clause of the Delaware Constitution by means of “vote dilution.”

“I appreciate that Plaintiff may disagree with Delaware’s policy of authorizing certain municipalities to allow voting on behalf of entity property owners,” Chief Judge Seitz wrote in his memorandum. “However, Plantiff has not demonstrated that this policy violates the principle of one person/entity/one vote… And matters of policy are appropriately left to legislative bodies, not the courts.”

The suit was dismissed after Chief Judge Seitz found that the ACLU-DE failed to state a claim upon which relief can be granted. He argued that the organization failed to identify a violation of the freeness and fairness of Delaware elections. Further, he cited other state courts that have found rational basis for expanding the voting franchise, citing the City of Wilmington’s expansion under special annexation elections that identifies voters as parcel-owners.

WMDT has reached out to ACLU-DE and the Town of Fenwick Island for comment on the dismissal of this case.

To read Chief Judge Seitz opinion in full, click here.

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.

This article was originally posted Dec. 4 at 5:07 p.m.