Delaware Code § 9-331

Tie vote in election; appointment by Governor
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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.

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