Full Breakdown
Delaware Court Upholds Corporate Voting in Tiny Beach Town
6/5/2026, 2:42:36 AM
Court Dismisses Challenge to Corporate Voting in Fenwick Island
In December 2023 the ACLU of Delaware sued Fenwick Island over its charter provision that lets corporations, LLCs, trusts and partnerships vote in municipal elections. Superior Court Judge Craig A. Karsnitz dismissed the case, finding the plaintiffs had not shown the system makes elections “not free” or “not equal,” leaving the “one-person/entity, one vote” system in place.
Origins of Entity Voting in the Town Charter
In 2008 the Delaware General Assembly approved a charter amendment allowing any artificial entity owning property among the town’s 800 parcels to vote. Similar property-based voting rules exist in about 40 other Delaware municipalities.
Principal Actors in the Dispute
Key actors include Judge Craig A. Karsnitz, ACLU attorney Andrew Bernstein, Fenwick Island Mayor Natalie Magdeburger, and scholars Dael Norwood, Carliss Chatman and Lawrence Cunningham, who comment on the legal and policy dimensions of corporate voting.
Scale of Nonhuman Participation
The 2024 election saw 109 nonhuman votes, 23 % of the total. Town records list 214 artificial entities (12 % of 1,800 voters). Delaware has about 2.1 million incorporated businesses for a population of roughly 1 million.
Positions of the ACLU, Judiciary, and Local Officials
The ACLU says policy dilutes natural-person votes and breaches constitution’s election guarantee, but Judge Karsnitz found plaintiffs had not shown system makes elections “not free” or “not equal.” Mayor Magdeburger says voting entities are family trusts or businesses that pay taxes, obey ordinances, meriting a voice; Lawrence Cunningham notes Delaware’s corporate concentration magnifies issue, rules would be unremarkable elsewhere.
Legal Scholars Warn of Vote Dilution
Legal scholars argue artificial votes can distort low-turnout elections, diluting human ballots. Carliss Chatman calls the practice an “ugly oligarchic kludge,” warning it resembles a “Citizens United-on-steroids” scenario.
Disagreement Over Constitutional Impact
The ACLU asserts vote dilution violates free, equal elections, while Judge Karsnitz says the claim lacks proof that elections are “not free” or “not equal.”
Notable Direct Statements
- “One person, one vote.” — Andrew Bernstein, ACLU attorney
- “A property owner who pays taxes and is subject to our ordinances should have a say in who represents them.” — Natalie Magdeburger, Mayor of Fenwick Island
- “Corporate personhood has existed since the Greek city-states.” — Carliss Chatman, Southern Methodist University law professor
- “the quiet part out loud.” — Dael Norwood, University of Delaware historian
Potential Appeals and Legislative Action
The ACLU announced plans to appeal, urging the Delaware Supreme Court to clarify that corporations lack political voting rights. Lawmakers and local officials are watching the case for possible charter reforms before the 2026 election.
