§ 16-701. Defacing or removing records

   (a) Person with custody of records. -- A person with custody of election records may not willfully and knowingly:

   (1) destroy, deface, falsify, remove, or conceal any record related to voting;

   (2) make a fraudulent entry or alteration, or permit another person to make a fraudulent entry or alteration, of any record related to voting; or

   (3) allow any other person to do the acts prohibited in items (1) and (2) of this subsection.

(b) Person not in custody of records. -- Any person who does not have custody over election items may not:

   (1) do an act prohibited by subsection (a) of this section; or

   (2) advise, procure, or abet the commission of an act prohibited by subsection (a) of this section.

(c) Exception. -- This section does not apply to the disposition of obsolete records in the ordinary course of the operation of the State Board or a local board.

(d) Each violation a separate offense. -- Each violation of this section is a separate offense.

(e) Penalties. -- A person who violates this section is guilty of a felony and is subject to imprisonment for not less than 1 year nor more than 10 years.

HISTORY: An. Code 1957, art. 33, § 16-701; 2002, ch. 291, § 2, 4.