ACLU of Delaware to Appeal Dismissal of Fenwick Island Corporate Voting Lawsuit

Fenwick Island, DE — Following the recent dismissal of its lawsuit against Fenwick Island for allowing non-human, artificial entities to vote in municipal elections, the ACLU of Delaware has announced its intention to appeal the case to the Delaware Supreme Court.

In the case, which was filed in December of 2025, the civil rights organization argues on behalf of Delaware voters that, in accordance with the Elections Clause’s guarantee of “free and equal” elections, only human persons should be allowed to cast ballots in State and local elections. The complaint states that by allowing artificial entities to vote, Fenwick Island dilutes votes cast by real human beings.

“'One person, one vote’ is a foundational principal to American democracy, and this dismissal endangers that,” states ACLU-DE Civic Engagement Counsel Andrew Bernstein. “Allowing corporations to vote in Delaware, where over two million artificial business entities are incorporated, can drastically undermine the voting power of real, human Delawareans.”

Judge Craig A. Karsnitz’s dismissal of the case garnered national attention, with many people across the country voicing concerns about the future of elections and constituent voting power if Delaware sets a legal precedent for allowing non-human entities like corporations and LLCs to vote. These concerns are further exacerbated by weakening voting rights protections for human voters nationwide, following the recent gutting of Section 2 of the federal Voting Rights Act in April of this year.