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Delaware is home to more corporations than people. Human people, that is, as under longstanding state law and the US Supreme Court's infamous 2010 ruling, corporations are people, too.
A judge in Delaware—a state with more registered business entities than people—ruled Monday in favor of a small town that allows corporations to vote in local elections.
Delaware Superior Court Judge Craig Karsnitz ruled that the town of Fenwick Island, population 400, did not violate the state Constitution by permitting business entities—which make up 12% of the town's "population"—to vote in municipal elections, as case plaintiff the ACLU of Delaware had claimed.
"What is a 'person?' When one cuts to the heart of this case, that is the question," Karsnitz wrote to open his 20-page ruling.
‼️‼️Delaware Superior Court upholds a municipal ordinance allowing individuals to cast votes on behalf of LLCs, trusts, and corporations in local elections against a challenge that the ordinance constitutes unlawful vote dilution for real persons under the state constitution. aboutblaw.com/blQg
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— Anthony Michael Kreis (@anthonymkreis.bsky.social) May 27, 2026 at 1:46 PM
"According to the law, a person is anyone or anything that can initiate and be subject to legal proceedings. By this conception, any adult, corporation, or institution is a person, but a minor is not a person, a fetus is not a person, and a humanoid robot... is not a person," the ruling continues. "This highlights that legal personhood is dependent solely on legal recognition."
The judge noted that in 2008, the Delaware General Assembly amended Fenwick Island's charter "to expand its 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," Karsnitz added.
"I appreciate that Plaintiff may disagree with Delaware’s policy of authorizing certain municipalities to allow voting on behalf of entity property owners," the judge wrote.
"Visions of faceless large corporations, or even HAL, controlling a small town are frightening and the stuff of science fiction," he continued," referring to the malevolent artificial intelligence-powered computer in Stanley Kubrick's 1968 film version of Arthur C. Clarke's 2001: A Space Odyssey. "However, Plaintiff has not demonstrated that this policy violates the principle of one person/entity/one vote."
"Plaintiff points to no other persuasive independent authority than the Elections Clause of the Delaware Constitution itself," Karsnitz concluded. "And matters of policy are appropriately left to legislative bodies, not the courts."
Fenwick Island Mayor Natalie Magdeburger told Reuters earlier this year that "a property owner who pays taxes and is subject to our ordinances should have a say in who represents them on our Town Council."
Meanwhile, the ACLU of Delaware contends that "with over 2 million business entities incorporated in Delaware–roughly double the amount of actual people living in the state–the people of Delaware risk having their voices drowned out when towns like Fenwick Island allow corporate voting."
Karsnitz's ruling does not mention Citizens United v. Federal Election Commission, the 2010 US Supreme Court decision affirming that political spending by corporations, nonprofit organizations, labor unions, and other groups is a form of free speech protected by the 1st Amendment that government cannot restrict. The decision ushered in the era of super PACs—which can raise unlimited amounts of money to spend on campaigns—and secret spending on elections with so-called “dark money.”
While Delaware's corporate personhood laws long predate Citizens United, numerous critics of Monday's ruling referred to the case, including the progressive legal advocacy group Demand Justice.
"Corporations aren't people," the group asserted on X. "They don't have kids in local schools, they don't drink the water, they can’t be jailed for crimes, and they shouldn't get a vote."
Some compared Hawaii, where Democratic Gov. Josh Green recently signed legislation clarifying that corporations are not people, with Delaware.
"Hawaii made a move to rein in Citizens United," writer Van Dennis posted on X, "and Delaware responded, "The fuck you are."
A Center for Constitutional Rights lawyer called on Kathy Jennings to "use her power to stop this dangerous entity that is masquerading as a charitable organization while furthering death and violence in Gaza."
A leading U.S. legal advocacy group on Wednesday urged Delaware Attorney General Kathy Jennings to pursue revoking the corporate charter of the Gaza Humanitarian Foundation, whose aid distribution points in the embattled Palestinian enclave have been the sites of near-daily massacres in which thousands of Palestinians have reportedly been killed or wounded.
Last week, the Center for Constitutional Rights (CCR) urgently requested a meeting with Jennings, a Democrat, whom the group asserted has a legal obligation to file suit in the state's Chancery Court to seek revocation of the Gaza Humanitarian Foundation's (GHF) charter because the purported charity "is complicit in war crimes, crimes against humanity, and genocide."
CCR said Wednesday that Jennings "has neither responded" to the group's request "nor publicly addressed the serious claims raised against the Delaware-registered entity."
"GHF woefully fails to adhere to fundamental humanitarian principles of humanity, neutrality, impartiality, and independence and has proven to be an opportunistic and obsequious entity masquerading as a humanitarian organization," CCR asserted. "Since the start of its operations in late May, at least 1,400 Palestinians have died seeking aid, with at least 859 killed at or near GHF sites, which it operates in close coordination with the Israeli government and U.S. private military contractors."
One of those contractors, former U.S. Army Green Beret Col. Anthony Aguilar, quit his job and blew the whistle on what he said he saw while working at GHF aid sites.
"What I saw on the sites, around the sites, to and from the sites, can be described as nothing but war crimes, crimes against humanity, violations of international law," Aguilar told Democracy Now! host Amy Goodman earlier this month. "This is not hyperbole. This is not platitudes or drama. This is the truth... The sites were designed to lure, bait aid, and kill."
Israel Defense Forces officers and soldiers have admitted to receiving orders to open fire on Palestinian aid-seekers with live bullets and artillery rounds, even when the civilians posed no security threat.
"It is against this backdrop that [President Donald] Trump's State Department approved a $30 million United States Agency for International Development grant for GHF," CCR noted. "In so doing, the State Department exempted it from the audit usually required for new USAID grantees."
"It also waived mandatory counterterrorism and anti-fraud safeguards and overrode vetting mechanisms, including 58 internal objections to GHF's application," the group added. "The Center for Constitutional Rights has submitted a [Freedom of Information Act] request seeking information on the administration's funding of GHF."
CCR continued:
The letter to Jennings opens a new front in the effort to hold GHF accountable. The Center for Constitutional Rights letter provides extensive evidence that, far from alleviating suffering in Gaza, GHF is contributing to the forced displacement, illegal killing, and genocide of Palestinians, while serving as a fig leaf for Israel's continued denial of access to food and water. Given this, Jennings has not only the authority, but the obligation to investigate GHF to determine if it abused its charter by engaging in unlawful activity. She may then file suit with the Court of Chancery, which has the authority to revoke GHF's charter.
CCR's August 5 letter notes that Jennings has previously exercised such authority. In 2019, she filed suit to dissolve shell companies affiliated with former Trump campaign officials Paul Manafort and Richard Gates after they pleaded guilty to money laundering and other crimes.
"Attorney General Jennings has the power to significantly change the course of history and save lives by taking action to dissolve GHF," said CCR attorney Adina Marx-Arpadi. "We call on her to use her power to stop this dangerous entity that is masquerading as a charitable organization while furthering death and violence in Gaza, and to do so without delay."
CCR's request follows a call earlier this month by a group of United Nations experts for the "immediate dismantling" of GHF, as well as "holding it and its executives accountable and allowing experienced and humanitarian actors from the U.N. and civil society alike to take back the reins of managing and distributing lifesaving aid."
After the disappointing results in November, Democrats in blue states should be using their power to show how government can make life better for working people.
The anger and frustration Americans are feeling toward the Democratic Party reached a boiling point earlier this month, after ten Senate Democrats joined the Republicans in voting for a federal funding bill that slashes everything from disaster relief to school meals for our kids. Presented with an opportunity to stand up for working people, Senate Democrats immediately tossed in the towel. But the Democratic leadership crisis isn’t limited to the U.S. Capitol. In states where Democrats hold the majority, the reasons they’re losing working people become painfully clear.
Over the first two months of the new administration, we’ve seen states with Democratic trifectas and supermajorities duck for cover. Instead of exercising their power to make life better for working people and respond to the devastating actions at the federal level, they’ve kowtowed to corporate lobbyists and wealthy donors.
Look at Delaware—a bright blue state with a governing trifecta—where Democrats worked hand-in-hand with Elon Musk’s lawyers to land Musk a $56 billion pay package. Displeased with a court ruling that denied his bloated Tesla pay package, Musk made good on his threat to move the company’s copyright registration to Texas. But he didn't want to leave without his payday, and state Democrats were eager enablers.
Any person living in these blue states should be demanding that their governor, attorney general, and state legislatures use their power to stand up to Trump and Musk.
Democratic spines in other blue trifecta states are no sturdier. In Colorado, Democrats have advanced a bill to slash the tipped minimum wage, which could result in $8,000 a year in lost income for full-time food service workers. Directly to the south, in New Mexico, Democrats compromised their own paid family and medical leave bill that now leaves too many working-class state residents behind.
During the election, Donald Trump and Musk were able to capitalize on the Democrats’ disregard for working-class voters. However, it hasn’t taken long for Trump and Musk to show their true face. They’re already signaled their plans to make deep cuts to Medicaid, Medicare, and Social Security. Republicans have no interest in governing on behalf of working people. Democratic pundits from across the spectrum have emphasized the need for Democrats to put working people at the center of the party. But the Democrat’s lack of a coherent message or plan of action to address the Trump-Musk destruction is pushing away those exact voters.
The steady drift of working-class people from the Democratic Party is the reason the Working Families Party was founded 27 years ago. And in the absence of a clear plan from Democratic leaders, WFP legislators are stepping up to fill the void. In Rhode Island, WFP legislators are pushing a 13-point agenda that, among other things, guards against cuts to Medicaid, lowers the cost of healthcare, and protects tenants against retaliatory evictions. In New York, WFP legislators are fighting to pass the Working Families Tax Credit, which will put money back into the pockets of working families. And in Philadelphia, housing protections enacted by Working Families Party City Council members have led to a 41% drop in eviction filings over the last year.
After the disappointing results in November, Democrats in blue states should be using their power to show how government can make life better for working people. Yet after months of soul-searching and post-mortems, the lessons of the past election have quickly worn off.
As Indivisible points out in their handbook, there are nine more states with Democratic trifectas than there were in 2017, and the 15 states with trifectas are major economic powerhouses making up nearly half of the country’s gross domestic product.
Any person living in these blue states should be demanding that their governor, attorney general, and state legislatures use their power to stand up to Trump and Musk. They have the ability to protect residents and ensure uninterrupted access to the services and benefits we all need. Waving the white flag and enabling their money grab doesn’t show working people that you’re in their corner.
Democratic legislators in triple blue states can choose to be courageous, unlike many of their congressional counterparts. In state after state, Working Families Democrats are putting forward a plan of action. It’s on their fellow legislators to follow their lead.