When an election is contested because of alleged malconduct of the election officers holding the election or because the person whose right to office is contested was not eligible for such office, a proceeding may be instituted under this chapter against such person by the person who received the next highest number of votes for the office at the election under which such ineligible person was declared elected, notwithstanding the person so contesting the election does not claim to have been elected.
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.