ACLU of Delaware v. Town of Fenwick Island

Voting is for the people. Not corporations.

With over 2 million business entities incorporated in Delaware–roughly double the amount of actual people living in the state–the people of Delaware risk having their voices drowned out when towns like Fenwick Island allow corporate voting.

We stand in firm defense of the democratic ideal: "one person, one vote."

UPDATE: On May 26, 2026, Delaware Superior Court Judge Craig A. Karsnitz granted the Town of Fenwick Island’s motion to dismiss the case. ACLU-DE is currently reviewing the Court's decision for next steps.

UPDATE: On May 4, 2026 The ACLU of Delaware argued at a hearing in Superior Court in Sussex County against Fenwick Island's motion to dismiss.

UPDATE: On February 16, 2026 Fenwick Island filed a motion to dismiss for lack of standing and failure to state a claim.

On December 4, 2025, 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.