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.

21 Del. Laws, c. 22, § ?5; 22 Del. Laws, c. 50, § ?5; 22 Del. Laws, c. 54, § ?5; Code 1915, §§ ?1018, 1040, 1049; 28 Del. Laws, c. 76, § ?6; 31 Del. Laws, c. 13, § ?5; 40 Del. Laws, c. 126, § ?6; Code 1935, §§ ?1152, 1186, 1196; 9 Del. C. 1953, § ?307;