General Assembly Post-Game Wrap-Up/Pre-Game Show: Thursday, May 11, 2023
Will The House Of Representatives vote to recognize LLC’s, corporations, and trusts as people? We will likely find out today. The House Administration Committee (all five members of leadership) voted to release HB 121(D. Short) to the floor and it has been placed on today’s House Agenda. The bill, which is a Charter change for the City Of Seaford, ‘allow(s) the City of Seaford to authorize artificial entities, limited liability corporations’ partnerships and trusts to vote in Municipal elections held in Seaford.
“I’m kind of caught in a pickle here,” the House speaker said. “I do feel strongly about small-town governments … I don’t think it’s a good idea. But I don’t think I want to vote to stop it.”
House Majority Leader Valerie Longhurst felt similarly. This bill is backed by Rep. Danny Short, who represents the Seaford area. Though Longhurst didn’t agree with this idea, she said mayors, council members and lawmakers are elected to represent the interests of their area.
If the people don’t like how the elected officials are governing, they vote them out of office, Longhurst said.
“You’re the representative of the district,” she said to Short. “Not me. And so, I honor that.”
Got it. It’s anti-democratic, but deference must be paid. No, it doesn’t. I understand that the General Assembly has generally rubber-stamped charter changes. Few are controversial. However, this charter change will officially legalize and legitimize the notion that corporations are people. I can only hope that enough legislators place democratic norms ahead of small-town political machinations. The bill requires a 2/3rds majority, so there’s hope.
Here’s yesterday’s Session Activity Report. Committee activity and a few nomination confirmations.
Two other notable bills are on today’s House Agenda. HB 62 (Wilson-Anton) ‘requires that each county reassess the value of real property in the county at least once every 5 years.’ It has some R support in the House, and has a good shot at passage. HB 118 (Hensley) is a photo-op in bill form. And totally unnecessary. Its synopsis:
Due to continuing concerns over the negative health effects secondhand smoke will have on the youth of Delaware, this bill adds Smoking Restrictions within vehicles if a person under the age of eighteen (18) is in the vehicle. Also, it makes clear that a police officer will not stop or detain a car solely on suspicion of having violated this Statute.
Wilbur Elementary School students pose with State Representative Kevin Hensley at Legislative Hall following a recent committee hearing.
I suppose the big question in the Senate today is whether Sen. Jubilation T. Buckson will vote against the bills on two separate Consent Agendas due to some principle which apparently only speaks to him. Which is my way of saying that I find little on the Senate Agenda compelling. I remain suspicious of SS1/SB 83 (Brown) due to the giveaway of some serious money to banks and credit unions to do something they should be doing regardless. Here’s the synopsis:
This Act creates the Delaware Community Investment Venture Fund to develop opportunities for banking organizations and credit unions doing business in Delaware to better serve the needs of low to moderate income tracts in Delaware. The source of funds will be transfers from the Delaware State Bank Commissioner Regulatory Revolving Fund (established in Section 105 of Title 5), which currently has an amount in excess of that needed to cover the operating expenses of the Office of the State Bank Commissioner. The initial transfer will be up to $2.5 million, plus another $250,000 for expenses. Thereafter, additional transfers of up to $500,000 each fiscal year are authorized. No further transfers are authorized after June 30, 2028, unless further legislation is approved by the General Assembly.
The relative dearth of sponsors also heightens my skepticism.
Which leaves me with a dearth of items to discuss. Until next week.
Can we proceed directly to the bottom of the slippery slope and just give LLC’s, corporations, and trusts 100 votes for every human vote?
Where is the fairness in corporations (that represent hundreds of shareholders) getting just one measly vote?
Believe it or not, that actually happened. From Meredith Newman’s story:
“Newark is one of the more prominent Delaware towns to allow for this in ballot referendums. In 2019, it was revealed that a property owner voted 31 times in a local election.
This was technically allowed at the time because the property manager was in control of 31 LLCs, which owned 31 parcels of land. So this person was able to vote dozens of times.
This revelation led to major changes, particularly that one person is entitled to only one vote. The Seaford legislation would also only allow for one person to cast one vote.”
The bill also allows for anonymous voters. As in:
“Delaware also allows for the owner of the LLC’s identity to not be public.”
You might want to let your legislators know. They don’t even have to vote no. It’s a 2/3rd majority bill, so a ‘not voting’ will also do the trick.
Despite the rain, more than 150 individuals attended Tuesday’s RISE Delaware rally against the state’s potential adoption of a Medicare Advantage plan for retirees.
The rally, held on the green outside of Legislative Hall, featured speeches from RISE Delaware co-founders John Kowalko, Elisa Diller and Connie Merlet; Rep. Paul Baumbach, D-Dover; Rep. Bill Carson, D-Smyrna; and former Rep. Ray Seigfried.
Since last August, RISE Delaware has held several rallies against Medicare Advantage throughout the state. The rallies and social media efforts have helped the organization develop a network of more than 2,000 retirees who they regularly provide updates to regarding retiree health care in the First State.
Bethany was a no show?
When did Paul move? 🙂
Forget it, he’s rolling.
Checking his sewer bill as we speak (I kid, I kid).
Yeah. Matt Myers showed and spoke. All 62 legislators were personally and individually invited to show (and speak if they so chose). Baumbach and Carson showed and spoke. Think I’m to old to contemplate my own gubernatorial bid?
John K.
Breaking news!
i sincerely hope for a Kowalko gubernatoral candidacy.
So how does the “if you don’t like it just vote them out” argument hold water when the whole point of giving corporations the vote is to dilute the vote of citizens? It’s akin to gerrymandering, in that it uses democratic processes to undermine democracy. It’s a bad-faith argument on their part and there’s no reason to respect it.
The law already gives corporations many, many advantages over flesh-and-blood humans. There’s no good-faith argument to give them this privilege as well.
And I demand to see the corporation’s photo ID.
Exactly. The vote on the Seaford City Council was 2-2. The Mayor cast the tie-breaking vote.
Our PAL Val’s intellect is inversely proportional to her propensity for intimidation.
OK, my blood just officially turned to ice. Remember this? https://www.delawarepublic.org/delaware-headlines/2022-06-29/chancery-court-strikes-down-seafords-fetal-remains-ordinance
And how there was some outside backing and/or major funding behind it that the powers-that-be refused to name?
Wonder if it is an LLC???