FENWICK ISLAND, Del. -The ACLU of Delaware has filed a nine-page lawsuit accusing the town of Fenwick Island of diluting its elections by allowing corporations to vote.
According to the lawsuit, Fenwick Island's policy has undermined the fairness of recent elections. Andrew Bernstein of the ACLU of Delaware said past election data shows the impact of corporate voting on local outcomes. “It really is an acute risk here, considering we’re the corporate capital of the world and have approximately 2 million corporations registered in our state,” Bernstein said.
Mayor Natalie Magdeburger said she only learned of the lawsuit after the town received media inquiries seeking comment. She addressed the issue during a town meeting Friday, saying the town intends to fight the complaint. “We intend to defend the complaint,” Magdeburger said. “We think it’s important that everyone in town who pays taxes and is subject to our ordinances, whether they’re a business owner or not, has a right to vote.”
Magdeburger added that businesses do not receive additional voting power. “If a business entity in our town owns 20 parcels, they are only entitled to one vote,” she said. She also noted the town plans to keep the public informed as the lawsuit progresses. “As we are able to update, we will update, but we will attempt to defend this litigation that was filed by the ACLU,” Magdeburger said.
The ACLU argues that the credibility of Fenwick Island's 2024 election is in question because of the number of corporations alleged to have voted. “It really is an issue we're worried about spiraling and becoming a larger issue, which is why we want to get in front of it,” Bernstein said.
Mayor Natalie Magdeburger responding to the ACLU Lawsuit.
The organization says Fenwick Island is one of at least five Delaware municipalities that currently allow artificial entities, such as corporations, to cast ballots in local elections. The other towns include Henlopen Acres, Dagsboro, Bethel, and Dewey Beach.
The ACLU of Delaware says it hopes to see changes implemented before the town's next election on Aug. 1, 2026.