A person is guilty of criminal mischief or tampering with public records and information, as appropriate, and is punishable as provided in 45-6-101 or 45-7-208, as applicable, whenever the person:

1. (1) prior to or on election day, knowingly defaces or destroys any list of candidates posted in accordance with the provisions of the law;

2. (2) during an election:

   1. (a) removes or defaces instructions for the voters; or
   2. (b) removes or destroys any of the supplies or other conveniences placed in the voting station for the purpose of enabling a voter to prepare the voter's ballot;
3. (3) removes any ballots from the polling place before the closing of the polls with the purpose of changing the result of the election;
4. (4) carries away or destroys any poll lists, checklists, ballots, ballot boxes, or other equipment for the purpose of disrupting or invalidating an election;
5. (5) knowingly detains, mutilates, alters, or destroys any election returns;
6. (6) mutilates, secretes, destroys, or alters election records, except as provided by law;
7. (7) tampers with, disarranges, defaces, injures, or impairs a voting system with the intent to alter the outcome of an election;
8. (8) mutilates, injures, or destroys a ballot or appliance used in connection with a voting system; or
9. (9) fraudulently defaces or destroys a declaration or certificate of nomination.

History: En. 23-47-114 by Sec. 14, Ch. 334, L. 1977; R.C.M. 1947, 23-47-114; amd. Sec. 85, Ch. 414, L. 2003.