§ 5703

In all elections, unless it be otherwise expressly provided, a plurality or the highest number of votes shall make a choice, except where this principle is defeated by 2 or more persons having the same and the highest number of votes for the same office.Code 1852, § 300; Code 1915, § 1811; Code 1935, § 1900; 15 Del. C. 1953, § 5703;