The ACLU of Delaware filed the opening brief in its appeal to the state’s Supreme Court on July 16, arguing that nonhuman entities like LLCs should not get a vote in local elections.
The appeal is no longer expedited, because the town of Fenwick’s August municipal election is cancelled.
Delaware ACLU's argument against the town’s charter stood to affect its August elections, so the case was set to be heard before that in July. But Fenwick lacked candidates for a local election this year. So, its next one won’t be until August 2027.
Andrew Bernstein, Civic Engagement Council for the Delaware ACLU said the relaxed timeline is positive.
"(Delaware ACLU thinks) the longer the court spends considering this important issue, the better decision we're probably going to get in in terms of it being able to fully evaluate all sources and arguments before rendering a decision," he said.
Fenwick’s representation will file an answering brief, where the state's high court could uphold the lower court decision. If not, next steps would include scheduling oral arguments for the case.
Bernstein said the challenge of Fenwick’s municipal charter is narrow. The town charter doesn't limit how many entities associated with a piece of property can vote. And it doesn’t set a minimum share requirement for the property either.
As of 2025, 214 entities were registered to vote in Fenwick, approximately 12% of its voters.
Berstein added that the practice threatens free and equal elections under the state’s constitutional elections clause. And the case asks Delaware’s high court to define what this means.
"A lot of other states have similar constitutional clauses," he said. "Ours is a copy of Pennsylvania's.... And Pennsylvania's has been interpreted as providing substantive rights to Pennsylvanians in elections. And it was used to strike down partisan gerrymandering."
Delaware’s legislators also passed a constitutional amendment last month, which would make it so only “natural persons” can vote in the state’s local elections. It would need to pass again in the coming legislative session to become law. Bernstein says because of this timeline and the uncertainty, the ACLU of Delaware felt appealing its case was important.
