FENWICK ISLAND, Del. - A newly introduced Delaware House bill could effectively cancel out the lawsuit filed by the ACLU of Delaware against the Town of Fenwick Island over its practice of allowing corporations to vote in local elections.
House Bill 430, introduced in May, would require that only people be allowed to vote in any election in Delaware. If passed with the necessary majority vote, corporations would no longer be permitted to cast ballots.
The bill says corporations would be barred from voting in the state at any level or political subdivision, five including municipal or local elections, county elections, State elections, and federal elections.
The ACLU of Delaware emphasized that it was not involved in drafting or planning the legislation. The Town of Fenwick Island is currently defending itself against an ACLU lawsuit challenging its policy that allows corporations to vote in municipal elections.
Bernstein says that while Fenwick Island has used the voting system for more than a decade, that does not make it constitutional.
“The constitution provides certain fundamental baselines for our rights,” Bernstein says. “And we believe that this is one of those baselines. This is one of those areas where the town can’t infringe upon what the Constitution protects.”
Fenwick Island Mayor Natalie Magdeburger stressed the importance of home rule when discussing the legislation. She says it is wrong for state representatives to have a say in matters governed by the town’s charter, which was approved unanimously by the state legislature many years ago.
Fenwick Island is not the only municipality that allows corporations to vote. Dewey Beach, Henlopen Acres, Dagsboro, and Bethel also permit the practice.
Bernstein says the ACLU does not believe the state should always determine what is right for towns, but argues that constitutional concerns arise when voting results are at risk of being diluted.
Some Fenwick Island residents, including John Garner, agree that the state should remain hands-off.
“But they still have a vote, it’s one person, it’s the same as a person,” Garner tells CoastTV. “I think it should be up to the individual towns, not the whole state. New Castle County basically runs the state, but they have no concern for what goes on down here in Sussex.”
As lawmakers examine the proposal, Fenwick Island’s voting practices could have implications across Delaware.
A state spokesperson tells CoastTV the bill is the first leg of a constitutional amendment meaning it must pass by two consecutive General Assemblies, then both the House and the Senate this year. It would then will need to be passed by the 154th General Assembly to become law, and it would not need to be signed by the governor.
House Bill 430 is scheduled to be heard during an administrative committee meeting on Wednesday at 3 p.m.
