A Delaware judge ruled that Fenwick Island's ordinance allowing corporate entities to vote in local elections does not violate the state constitution, extending the logic of Citizens United into the voting booth.
A Delaware Superior Court judge ruled on Monday that a small town's ordinance allowing corporations to vote in local elections does not violate the state constitution, in a decision that legal experts say is a logical extension of the US Supreme Court's Citizens United ruling.
The case, brought by the ACLU of Delaware, challenged a 2008 amendment to the charter of Fenwick Island, a coastal town with a human population of just 400. The amendment permits individuals to cast votes on behalf of trusts, limited liability companies, partnerships, and corporations that own property in the town. According to court documents, business entities now make up about 12% of Fenwick Island's registered voters.
Judge William Karsnitz, in his ruling, grappled with the fundamental question of what constitutes a 'person' under the law.
'When one cuts to the heart of this case, that is the question,' he wrote. He noted that under Delaware law, a person is any entity that can initiate and be subject to legal proceedings, which includes corporations, trusts, and LLCs, but excludes minors and fetuses.
'This highlights that legal personhood is dependent solely on legal recognition,' Karsnitz added. The judge rejected the ACLU's argument that allowing entities to vote dilutes the voting power of human residents, concluding that the principle of 'one person/one vote' does not apply when the 'person' is defined broadly to include corporate entities. The ruling has drawn sharp criticism from advocates for democratic reform, who see it as a dangerous expansion of corporate influence in elections.
Delaware is home to more than 2 million registered business entities, roughly double its human population, due to its status as a corporate tax haven. Critics argue that the decision could lead to a scenario where corporate interests drown out the voices of real people, particularly in small towns like Fenwick Island where entity voters already hold significant sway.
'This is the logical conclusion of Citizens United,' said one legal analyst, referring to the 2010 Supreme Court case that granted corporations the right to spend unlimited money on political campaigns as a form of free speech. The Fenwick Island ordinance goes a step further by allowing corporations to directly cast ballots in local elections.
The town's mayor defended the ordinance, stating that property owners, whether human or corporate, pay taxes and are subject to local ordinances, and thus deserve a say in who represents them on the town council. The ACLU has indicated it may appeal the decision, arguing that the Delaware Constitution's Elections Clause guarantees the right to vote only for 'citizens' and 'people,' not artificial entities.
As the case moves forward, it raises profound questions about the nature of democracy and the role of corporations in governing communities. The ruling also highlights the growing tension between state-level experiments in corporate voting and the broader democratic principle of equal representation for all human citizens
Corporate Voting Citizens United Delaware Fenwick Island Legal Personhood
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