The ACLU of Delaware is appealing the dismissal of its lawsuit against the town of Fenwick Island for allowing non-human entities to vote in town elections.
Its appeal asks Delaware’s Supreme Court to overturn a lower court's dismissal of the case last month, arguing the town’s policy, allowing corporations, partnerships, trusts, and LLCs to participate in local elections “unnecessarily risks the dilution of votes cast by natural persons.”
Superior Court Judge Craig Karsnitz dismissed the case, and said Fenwick's policy allowing entities like LLCs to vote does not violate the state constitution’s provision for free and fair elections. His dismissal said the ACLU's argument argument didn’t demonstrate the town’s policy violates the state constitution's “one person/one entity– one vote” rule.
Andrew Bernstein, the Civic Engagement Council for the ACLU of Delaware, hopes the state Supreme Court will have a different take.
"On the particular question of the potential peculiarities of Fenwick Island, it certainly is the case that the town might have a unique makeup of which artificial entities, in particular, are the ones on their voter registration rolls," he said. "It's our position that the structure of how they have these allowances for artificial entities to cast ballots is unconstitutional."
The case is being expedited. Oral arguments will happen July 25.
Fenwick Island’s next town election is August 1.
