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PaperclipPerfector  3d ago (text post)   11166 thread views

Culture War Roundup for the week of May 25, 2026

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A Delaware judge has ruled that corporations have a right to vote. I have not yet had time to read the decision yet, but this seems to upend a lot of norms around voting in the US.

Corporations, partnerships, trusts, limited liability companies, and other “artificial entities” have the right to vote in Delaware elections under some circumstances, a judge said in a novel ruling Tuesday.

Judge Craig A. Karsnitz rejected an ACLU challenge to a charter permitting voting in local elections by the entities that own most of the property in the Town of Fenwick Island, one of several municipalities in the state with similar provisions. Karsnitz dismissed the lawsuit from Delaware’s Superior Court, citing “the principle of one person/entity/one vote.”

My immediate question is what... what the hell? This seems like a fairly bold decision on the part of the judge, and one that normally would not be issued by a state Superior court judge. Is there some kind of inside baseball that I'm missing here? I know that Delaware is very friendly to corporate interests, but this seems like an escalation. Is this a decision that's meant to be overturned?

It helps to read the decision. Relevant background:

In 2008, the Delaware General Assembly amended the Charter of the Town of Fenwick Island ("Fenwick"), a small coastal community, to allow Fenwick to expand it's voter registration rolls to allow individuals to cast votes on behalf of trusts, limited liability companies, partnerships, and corporations that own property in Fenwick. Today, the overwhelming majority of legal entity property owners in Fenwick registered to vote, and on whose behalf votes are cast, are trusts.

In this action the American Civil Liberties Union of Delaware, a corporation ("Plaintiff"), challenges these provisions, asserting that Fenwick's Charter violates the Elections Clause of the Delaware Constitution by way of "vote dilution;" i.e., the dilution of votes of human beings by votes of artificial legal entities.

The judge did not find some generalized right to vote for corporate entities. Rather:

1. In 2008 the Delaware legislature amended a town's charter to permit voting by certain corporate entities that owned property in that town.

2. The ACLU sued claiming the Delaware constitution only permitted natural persons to vote.

According to the judge's analysis:

1. The Delaware Constitution's Election Clause consists, in its entirety of "All elections shall be free and equal."

2. Who is eligible to vote in a municipal election is generally governed by a municipality's charter (under Delaware state law).

3. Permitting non-natural-person voters does not violated the text of the Election Clause in the Delaware Constitution.

Apparently, there are other municipalities in Delaware that have similar arrangements. The judge mentions the City of Wilmington explicitly. The judge only briefly mentions the corporate personhood thing since it's not essential to their analysis, but the ACLU argument relies heavily on it.

The question is less "do corporations have the right to vote?" and more "does the Delaware constitution forbid the Delaware legislature from giving corporations the power to vote in municipal elections?"

I'm finally sitting down over lunch to read the decision. What would stop a company from forming 10,000 subsidiaries that jointly owned a single piece of property in common?

What would stop a company from forming 10,000 subsidiaries that jointly owned a single piece of property in common?

The law which says "Don't be a wise-ass." Or, more formally, the legal principle which says that laws should be construed so as to do justice.

The law which says "Don't be a wise-ass."

Which law would that be?

There is a reason that the US constitution is about 4500 words instead of just

  1. All elections shall be free and equal.

  2. Laws should be construed so as to do justice.

The point of having fine-grained, specific laws is that "the judge already knows what outcome is just, and will just reach for some law to justify it" is a terrible procedure. It gets you decisions like Roe v Wade, where reproductive freedom hangs on a very shaky legal decision until some later SCOTUS takes the common sense approach that the amendments did not mention abortion at all.

Nobody sane would campaign for the biggest employer in some town also getting a single vote, because that would not change anything -- they clearly have a vested interest in the local politics, and can trivially spend money on donations or campaigns on a scale which will give them a lot more influence than a single vote ever could.

"One man, one vote" is a very simple Schelling point. There is always some quibbling over details, and we end up at something like "one adult, non-felon citizen of any gender whose primary residency is registered in the municipality at the reference date", with the voting rights of alien permanent residents being up for debate.

It is also somewhat robust, because people are very expensive. Sure, a company could just pay politically sympathetic people to settle in their town, but they might spend northwards of 100k$ per vote that way, so it is much cheaper to just pay bribes to the voters already there.

By contrast, corporate entities are very cheap to create and maintain -- Delaware LLCs pay 300$ in taxes a year. So @birb_cromble's question is exactly the right one: how does this scale?

Even if there is a limit to one corporate vote per property lot, that would still leave a lot of loopholes. A family living in their own house might decide to form a holding company which leases their home back to them for a dollar a year, then cast that company's vote. Landlords would wield a lot of votes. (Seriously, who looks at the present system and says "the problem with that is that landlords have too little political power"?)

There is a reason that the US is not organized as a stock company, where everyone starts out with one share and the federal government can simply emit more stocks to raise funds, and voting power is simply the amount of shares you own. This would lead to the effective disenfranchisement of the majority. At least in a democracy, the 1% will have to spend money on campaigns to get the 99% to vote for them, and different 1%ers might be competing with different political visions rather than just their budgets.

Seriously, who looks at the present system and says "the problem with that is that landlords have too little political power"?

That would be me. Renters protections are excessive. Rent control is destructive and sadly becoming more common.

That would be me. Renters protections are excessive.

In general I agree. A lot of nice real estate (which could be rented out) sits empty because the owners don't want to take the chance of getting royally screwed by an eviction moratorium; rent control laws; etc. Even if they do rent out apartments, landlords need to charge everyone a hefty premium as a result of these serious risks.

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