FENWICK ISLAND, DE — Today, the ACLU of Delaware filed a lawsuit against Fenwick Island for violating the Delaware Constitution by allowing non-human artificial entities–such as corporations and LLCs–to vote in municipal elections.
ACLU-DE is the Plaintiff in the lawsuit, with active members who have voted in Fenwick Island’s recent elections. The civil rights organization points out that by allowing artificial entities to vote, Fenwick Island dilutes votes cast by real human beings, in violation of the Elections Clause’s guarantee of “free and equal” elections and in violation of the principle of “one person, one vote.”
The complaint specifies that artificial entities may sway the outcome of Fenwick Island elections. Fenwick Island has at-large elections, and in 2024 the number of votes cast by artificial entities was greater than the margin between a winning candidate and the top-vote-getting losing candidate. As of October of 2025, over 200 artificial entities are registered to vote in Fenwick Island, making up approximately 12% 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.”
The issue of artificial entities voting in local elections rose to prominence in 2023 when Seaford attempted to amend its charter to allow the practice. State legislators ultimately rejected this attempt following backlash from advocates, but it sparked interest in the few municipalities in Delaware that already allowed artificial entities to vote in municipal elections. The ACLU-DE conducted an investigation and found that at least five towns allowed the practice for municipal elections, including Fenwick Island. The lawsuit filed today is the first known legal challenge to artificial entities voting in municipal elections in Delaware and nationally.
This lawsuit is one of many efforts ACLU-DE has taken in recent years in support of Delawareans’ voting rights. In 2024, the nonprofit launched its Every Vote Counts campaign, a multi-year effort to expand voting rights in Delaware. The campaign is predicated on the principle that the right to vote, and to have one’s vote counted fairly, is foundational to civil liberties.
Fenwick Island’s next municipal election is August 1, 2026.
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