Should any 2 or more persons voted for as officials of the county governing body receive an equal and the highest number of votes cast at any election, the Superior Court, sitting as a board of canvass in the county in which the tie vote occurs, shall certify the fact to the Governor who shall forthwith appoint 1 of the candidates involved in the tie to be 1 of the county governing officials for the county. The person appointed shall hold the office for the term of 2 years from the first Tuesday in January then next ensuing.
Structure Delaware Code
Chapter 3. COUNTY GOVERNMENTS GENERALLY
Subchapter II. County Governments
§ 330. General powers and duties.
§ 331. Tie vote in election; appointment by Governor.
§ 334. Organization meeting; election of president.
§ 340. Attorneys for governing body.
§ 341. Bailiffs to governing body; constables.
§ 342. Fiscal year for counties and county agencies.
§ 343. Form of accounts and warrants.
§ 344. Rejection and forfeiture of assigned claims.
§ 345. Dealing in county warrants by elected officials.
§ 346. Gifts or rebates; penalty.
§ 347. Investigation; power to compel attendance of witnesses and to administer oaths.
§ 348. Annual audit; qualifications and selection of auditors.