Panel debates constitutional amendment to bar corporate voting in municipal elections

Senator Hoffner introduced House Bill 430, the first step toward a constitutional amendment to make explicit that only natural persons may vote in Delaware elections at any level. "Only natural persons may vote in our elections," Hoffner said, and described municipal cases in which artificial entities have been allowed to vote under local charters.

Senators traded questions and examples. Hoffner cited Fenwick Island litigation and warned that corporate or other artificial entities could sway a town vote. Senator Buxton expressed unease and asked whether the Department of Elections can distinguish the scenarios; Anthony Alban (Department staff) replied that municipal voter-eligibility rules are governed by municipal charters and solicitors, and the department provides equipment and support rather than deciding eligibility.

Natalie Magdeburger, mayor of Fenwick Island, told the committee the town amended its charter about 18 years ago to allow trusts, LLCs and other entities that own property to cast one vote through a designated natural person by power of attorney. She provided counts: about 823 property owners, roughly 300–400 full-time residents, about 900 registered voters, approximately 219 properties owned by artificial entities, and about 10 LLCs in the commercial zone. "Voting for artificial entities is done by a natural person designated and filed with the town through a power of attorney," the mayor said, and added the town enforces "one person, one entity, one vote."

Opponents argued the remedy should be local rather than a state constitutional amendment. Lisa Rice of Middletown told senators she opposed the change and urged local charter fixes and safeguards against duplicate or illegal voting. The committee did not vote; senators asked for further committee consideration and public input.