No inequality or improper conduct in the proceedings of the election officers or clerks or any one of them, shall be construed to amount to such malconduct as to annul or set aside any election unless the inequality or improper conduct shall have been such as to procure the person whose right to the office may be contested to be declared duly elected when he or she has not received the highest number of legal votes cast at the election.
Structure Delaware Code
Chapter 59. CONTESTED ELECTIONS
§ 5941. Who may contest; causes.
§ 5942. Irregularities not invalidating election.
§ 5943. Requirements to set aside election because of illegal voting.
§ 5944. Circumstances under which contestant need not claim to have been elected.
§ 5945. Statement of contestant; contents.
§ 5946. Verification of contestant's statement.
§ 5948. Citation; service and return.
§ 5949. Dismissal of proceedings.
§ 5951. Trial by Court; by jury.
§ 5952. Proof and evidence limited by statement.