(a) A person commits the crime of election official misconduct in the first degree if while an election official, the person
- (1) intentionally fails to perform an election duty or knowingly does an unauthorized act with the intent to affect an election or its results;
- (2) knowingly permits or makes or attempts to make a false count of election returns; or
- (3) intentionally conceals, withholds, destroys, or attempts to conceal, withhold, or destroy election returns.
- (b) Election official misconduct in the first degree is a class C felony.