(a) A person shall not knowingly destroy a ballot or ballot-related material required to be preserved by law until after:
(1) Two (2) years after the certification of the results of the election; and
(2) The county board of election commissioners has entered an order, created a record to be maintained, and filed the order for destruction of the ballot or ballot-related material.
(b) (1) As used in this section, "ballot or ballot-related material" means a ballot or other form that is:
(A) Provided to a person representing himself or herself as the voter or his or her agent by a county clerk, member of a county board of election commissioners, or poll worker; and
(B) Returned by the person representing himself or herself as a voter or his or her agent for the purpose of voting in an election.
(2) "Ballot or ballot-related material" includes without limitation:
(A) A ballot that has been completed, cast, abandoned, or spoiled;
(B) A ballot stub or certificate from a ballot that has been completed, cast, abandoned, or spoiled;
(C) A voter statement that has been submitted to the county clerk;
(D) An envelope that contains a ballot;
(E) An affidavit provided to the county clerk;
(F) An absentee ballot list maintained under § 7-5-416;
(G) An absentee ballot application; and
(H) A list of applications for an absentee ballot under § 7-5-408.
(c) A person who is convicted under this section is guilty of an unclassified felony and shall:
(1) Be sentenced to a term of no less than one (1) year and no more than six (6) years; and
(2) Pay a fine of up to ten thousand dollars ($10,000).
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