The ground of contest specified in 13-36-101 (3) may not be construed to authorize a nomination or election to be set aside on account of illegal votes unless it appears:
(1) that the candidate or nominee whose right is contested had knowledge of or connived in the illegal votes; or
(2) that the number of illegal votes given to the person whose right to the nomination or office is contested, if taken from the person, would reduce the number of legal votes for the person below the number of votes given to some other person for the same nomination or office, after deducting the illegal votes that may be shown to have been given to the other person.