Nothing in this chapter shall be so construed as to authorize an election to be set aside or annulled on account of illegal votes unless it shall appear that an amount of illegal votes has been given to the person whose right to the office is contested which, if taken from the person, would reduce the number of the person’s legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes which may be shown to have been given to such other person.

17 Del. Laws, c. 33, § ?4; Code 1915, § ?1903; Code 1935, § ?2021; 15 Del. C. 1953, § ?5943; 70 Del. Laws, c. 186, § ?1;