The house in determining against the claim of the contestant may also decide that the proceeding on the contestant's part is frivolous and vexatious and may order that the contestant shall pay all the costs of the contested election, but without such order the contestant shall not be liable to costs and the same shall be paid by the State.
Structure Delaware Code
Chapter 59. CONTESTED ELECTIONS
Subchapter I. Members of the General Assembly
§ 5901. Notice of intention to contest; specifications.
§ 5902. Counter specifications.
§ 5903. Verification of specifications.
§ 5904. Delivery of notice and specification to presiding officer of Senate or House.
§ 5905. Inquiry restricted to grounds specified.
§ 5906. Costs when sitting member unseated.