(a) A person commits the crime of election official misconduct in the second degree if while an election official, and while the polls are open, the person (1) opens a ballot received from a voter at an election, unless permitted by ordinance in a local election;
(2) marks a ballot by folding or otherwise so as to be able to recognize it;
(3) otherwise attempts to learn how a voter marked a ballot; or
(4) allows a person to do one of the acts prescribed by (1), (2), or (3) of this subsection.
(b) Election official misconduct in the second degree is a class A misdemeanor.