Delaware Court Upholds Voting by Companies
The ruling says the town may let 200-plus registered business entities cast votes in municipal elections under its charter.
- On Monday, Delaware Superior Court Judge Craig Karsnitz dismissed an American Civil Liberties Union challenge to Fenwick Island's election rules, upholding the town's right to allow corporations and trusts to vote in municipal elections.
- The Delaware General Assembly amended Fenwick Island's charter in 2008 to authorize entity voting. Mayor Natalie Magdeburger defends the policy, arguing property owners who pay taxes deserve representation on the Town Council.
- Karsnitz relied on "the principle of one person/entity/one vote," noting the Delaware Code expressly recognizes "trusts, partnerships, limited liability companies, and corporations" as legal persons eligible to vote.
- The ACLU announced Thursday it is "currently reviewing the Court's decision" for next steps, while Rep. Eric Morrison said Democrats are considering legislation to ban non-human entities from voting.
- Artificial entities make up roughly 12% of Fenwick Island's registered voters, a practice shared by four other Delaware towns including Dewey Beach and Henlopen Acres, raising questions about corporate influence in local governance.
14 Articles
14 Articles
This slavery era con is being used to corrupt our elections
Corporations can now vote in Delaware. And they’re doing it.Seriously. Not dystopian science fiction or a new novel by an AI version of George Orwell. Actual corporations — what America’s first Supreme Court Justice, John Marshall, in 1819 called “an artificial being, invisible, intangible, and existing only in contemplation of law” — are today voting in elections for everything from the mayor and town council to referendums on corporate taxes a…
Judge: Trusts, LLCs are ‘people’ in Fenwick elections
Why Should Delaware Care?There are a handful of towns that allow owners of LLCs and other artificial entities to vote in town elections, potentially swaying election outcomes compared to full-time residents. A Delaware Superior Court judge ruled this week that when it comes to elections in the small coastal town of Fenwick Island, business entities like family trusts and limited liability companies are able to vote. The 20-page ruling by Judge C…
Judge prompts outrage with ruling that corporations can vote in some Delaware elections
A Delaware judge's ruling that corporations and other business entities can vote in some local elections is stirring debate over whom democracy is meant to serve. The flashpoint is Fenwick Island, a small coastal town where property-owning entities are granted voting rights under the town charter — an arrangement critics say could sideline the voices of residents. What's happening? According to Bloomberg Law, Delaware Superior Court Judge Craig …
Delaware has 2.1M corporations. A judge is letting them vote in certain elections
Corporations are people in the eyes of the U.S. Supreme Court. In Delaware, they can vote. A Delaware judge declined to strike a law allowing a company representative to vote on its behalf in local elections. The lawsuit, filed by a civil rights organization, concerned the “one person, one vote” principle and the legality of presumed out–of–state owners voting in elections. The issue could arise in local elections throughout the state, where vot…
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