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Committee hears amendment to bar corporations, LLCs and trusts from voting
Summary
Sen. Hoffner presented HB430, a proposed constitutional amendment clarifying that only natural persons may vote in Delaware elections; witnesses including Fenwick Island's mayor described local charters that currently allow votes by artificial entities and urged clarity from the state.
Senator Hoffner told the committee that House Bill 430 would place into Delaware’s constitution the principle that “only natural persons may vote” in elections at all levels, responding to municipal situations where charters or court decisions had permitted corporations, LLCs, trusts or other artificial entities to cast votes in town elections.
He said the measure is a response to litigation and local practices such as those in Fenwick Island. Anthony Albin, the state election commissioner, explained the Department of Elections’ limited role: municipalities set municipal voting eligibility by charter and the department provides support and advice but not legal rulings. The mayor of Fenwick Island described an 18-year-old charter amendment that allows property-owning artificial entities a single vote, enforced by a designated natural-person agent via a power of attorney; the mayor said the system has worked for the town.
Public commenters disagreed on whether a constitutional amendment is the right remedy. One resident urged caution about adding a state-level unfunded mandate; another asked whether safeguards could be implemented at the municipal level. No formal committee vote occurred during the hearing.
