(a) Whoever, being an election officer having the custody of any registration records, or copy thereof, oath, return of votes, certificate, poll list or any paper, document, or evidence of any description, in this title directed to be made, filed or preserved:

(1) Steals, wilfully destroys, mutilates, defaces, falsifies, or fraudulently removes or secretes the whole or any part thereof; or

(2) Fraudulently makes any entry, erasure, or alteration therein, except as allowed and directed by this title; or

(3) Permits any other person to do so,

shall be deemed to have knowingly and wilfully violated that election officer’s own official duty.

(b) Whoever, not being an election officer and having such custody, does or commits any of the acts, matters or things mentioned in subsection (a) of this section, or whoever, not being an election officer, advises, procures or abets the commission of any of the acts mentioned in this section shall, for each such offense, be fined not more than $200 or imprisoned not more than 2 years, or both.

19 Del. Laws, c. 39, §§ ?40, 41; Code 1915, §§ ?1800, 1801; Code 1935, §§ ?1889, 1890; 15 Del. C. 1953, § ?5136; 50 Del. Laws, c. 174, § ?3; 70 Del. Laws, c. 186, § ?1;