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.

17 Del. Laws, c. 33, § ?2; Code 1915, § ?1902; Code 1935, § ?2020; 15 Del. C. 1953, § ?5942; 70 Del. Laws, c. 186, § ?1;