If, by reason of an equal number of votes having been cast for 2 or more individuals for an office, it appears to the Court that a vacancy will occur in that office, the Court shall create a certificate of this fact, under its seal, and deliver this certificate to the Governor under § 5709 of this title.

21 Del. Laws, c. 38, § 27; Code 1915, § 1781; Code 1935, § 1870; 15 Del. C. 1953, § 5708; 55 Del. Laws, c. 85, § 34E; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 434, § 7; 73 Del. Laws, c. 91, § 12; 80 Del. Laws, c. 209, § 10; 85 Del. Laws, c. 422, § 2