Section 23. Eligibility of town officers  


Latest version.
  • 1. Every elective officer of the
      town at the time of his election and  throughout  his  term  of  office,
      shall  be an elector of the town. Every other officer of the town at the
      time of his appointment and throughout his term of office  shall  be  an
      elector  of  the  town  except  that:  (a)  in  towns having no resident
      attorney, the town attorney and such counsel as may be employed need not
      be electors; and
        (b) in towns having no resident engineer and in  the  towns  of  Mount
      Pleasant,   Westchester   county,   North  Castle,  Westchester  county,
      Lewisboro,  Westchester  county,  Somers,  Westchester  county,  Carmel,
      Putnam  county,  and Ithaca, Tompkins county, the town engineer and such
      consultant engineers as may be employed need not be electors; and
        (c) in the towns of North Castle,  Westchester  county,  North  Salem,
      Lewisboro  and  Pound  Ridge,  Westchester  county,  the  town  building
      inspector and such deputy building inspectors as may  be  employed  need
      not be electors; and
        (d)  in  the  town of Lewisboro, Westchester county, the town wetlands
      inspector need not be an elector; and
        (e) in the towns of Carmel and  Patterson,  Putnam  county,  the  town
      wetlands inspector need not be an elector; and
        (f)  in the town of Hamlin, Monroe county, the court clerk need not be
      an elector; and
        (g) in towns participating in a shared town justice agreement pursuant
      to section one hundred six-b of the uniform justice court  act,  a  town
      justice  may  be  an  elector  of  any  town  participating  in  such an
      agreement.
        No county treasurer, district superintendent of schools, or trustee of
      a school district shall be eligible to the office of supervisor.
        2. Notwithstanding the provisions of subdivision one of this  section,
      in  the  town  of  New  Castle,  Westchester  county, and in the town of
      Bolivar, Allegany county, the person performing the  functions  of  town
      superintendent  of  highways  need  not  be  an  elector  of  such town.
      Provided, further, that in the town of Pound Ridge, Westchester  county,
      the  person  performing the functions of town superintendent of highways
      and such deputies as may be employed need not be electors of such town.
        3. Notwithstanding the provisions of subdivision one of this  section,
      in   the  town  of  Mount  Pleasant,  Westchester  county,  the  persons
      performing the functions of comptroller and building inspector need  not
      be electors of such town.
        4.  Notwithstanding the provisions of subdivision one of this section,
      in the  town  of  Sweden,  Monroe  county,  the  person  performing  the
      functions of court clerk need not be an elector of such town.
        5.  Notwithstanding the provisions of subdivision one of this section,
      in the town of Ogden, Monroe county, the person performing the functions
      of court clerk need not be an elector of such town.
        6. Notwithstanding the provisions of subdivision one of this  section,
      in  the  town  of North East, Dutchess county, the person performing the
      functions of the town engineer need not be an elector of such town.
        7. Notwithstanding the provisions of subdivision one of this  section,
      in  the town of Independence, Allegany county, the person performing the
      functions of town justice need not be an elector of such town. Provided,
      however, the person performing the functions  of  town  justice  in  any
      other  town  shall be an elector of such town, unless otherwise provided
      by an act of the state legislature.
        8. Notwithstanding the provisions of subdivision one of this  section,
      in  the  town  of  Grove,  Allegany  county,  the  person performing the
      functions of town justice need not be an elector of such town. Provided,
      however, the person performing the functions  of  town  justice  in  any
    
      other town shall be an elector of such town unless otherwise provided by
      an act of the state legislature.
        * 9.  Notwithstanding  the  provisions  of  subdivision  one  of  this
      section, in the town of Birdsall, Allegany county, the person performing
      the functions of town justice need not  be  an  elector  of  such  town.
      Provided,  however,  the person performing the functions of town justice
      in any other town shall be an elector  of  such  town  unless  otherwise
      provided by an act of the state legislature.
        * NB There are 2 sub 9's
        * 9.  Notwithstanding  the  provisions  of  subdivision  one  of  this
      section,  in  the  town  of  West  Union,  Steuben  county,  the  person
      performing  the functions of town justice need not be an elector of such
      town. Provided, however, the person performing  the  functions  of  town
      justice  in  any  other  town  shall  be an elector of such town, unless
      otherwise provided by an act of the state legislature.
        * NB There are 2 sub 9's
        * 10. Notwithstanding  the  provisions  of  subdivision  one  of  this
      section,  in the town of Granger, Allegany county, the person performing
      the functions of town justice need not  be  an  elector  of  such  town.
      Provided,  however,  the person performing the functions of town justice
      in any other town shall be an elector  of  such  town  unless  otherwise
      provided by an act of the state legislature.
        * NB There are 3 sub 10's
        * 10.  Notwithstanding  the  provisions  of  subdivision  one  of this
      section,  in  the  town  of  Somers,  Westchester  county,  the   person
      performing  the  functions of the town building inspector need not be an
      elector of such town.  Provided,  however,  the  person  performing  the
      functions  of  town  building  inspector  in  any other town shall be an
      elector of such town, unless otherwise provided by an act of  the  state
      legislature.
        * NB There are 3 sub 10's
        * 10.  Notwithstanding  the  provisions  of  subdivision  one  of this
      section, in the town of Pound  Ridge,  Westchester  county,  the  person
      performing  the functions of town superintendent of highways need not be
      an elector of such town. Provided, however, the  person  performing  the
      functions  of town superintendent of highways in any other town shall be
      an elector of such town, unless otherwise provided  by  an  act  of  the
      state legislature.
        * NB There are 3 sub 10's
        * 11.  Notwithstanding  the  provisions  of  subdivision  one  of this
      section,  in  the  town  of  Somers,  Westchester  county,  the   person
      performing  the  functions  of the court clerk need not be an elector of
      such town.  Provided, however, the person performing  the  functions  of
      court  clerk  in any other town shall be an elector of such town, unless
      otherwise provided by an act of the state legislature.
        * NB There are 2 sub 11's
        * 11. Notwithstanding  the  provisions  of  subdivision  one  of  this
      section,  in  the  town  of  Pound Ridge, Westchester county, the person
      performing the functions of town  building  inspector  need  not  be  an
      elector  of  such  town.  Provided,  however,  the person performing the
      functions of town building inspector in  any  other  town  shall  be  an
      elector  of  such town, unless otherwise provided by an act of the state
      legislature.
        * NB There are 2 sub 11's
        12. Notwithstanding the provisions of subdivision one of this section,
      in the town of Pound Ridge, Westchester county,  the  person  performing
      the  functions  of  deputy  building inspector need not be an elector of
      such town. Provided, however, the person  performing  the  functions  of
    
      deputy  building inspector in any other town shall be an elector of such
      town, unless otherwise provided by an act of the state legislature.
        13. Notwithstanding the provisions of subdivision one of this section,
      in the town of Ogden, Monroe county, the person performing the functions
      of  town building inspection and code enforcement officer need not be an
      elector of such town.  Provided,  however,  the  person  performing  the
      functions  of  building  inspection  and code enforcement officer in any
      other town shall be an elector of such town, unless  otherwise  provided
      by law.
        * 14.  Notwithstanding  the  provisions  of  subdivision  one  of this
      section, in the town of Hamlin, Monroe county, the person performing the
      functions of town building inspector/code enforcement officer  need  not
      be an elector of such town. Provided, however, the person performing the
      functions  of  town  building  inspector/code enforcement officer in any
      other town shall be an elector of such town, unless  otherwise  provided
      by an act of the state legislature.
        * NB There are 2 sub 14's
        * 14.  Notwithstanding  the  provisions  of  subdivision  one  of this
      section, in the town of Clarkson, in the county of  Monroe,  the  person
      performing the functions of building inspector need not be an elector of
      such  town.    Provided, however, the person performing the functions of
      building inspector in any other town shall be an elector of  such  town,
      unless otherwise provided by law.
        * NB There are 2 sub 14's
        * 15.  Notwithstanding  the  provisions  of  subdivision  one  of this
      section, in the town of Hamlin, Monroe county, the person performing the
      functions of town fire marshall need not be an  elector  of  such  town.
      Provided,  however,  the  person  performing  the functions of town fire
      marshall in any other town shall be an  elector  of  such  town,  unless
      otherwise provided by an act of the state legislature.
        * NB There are 2 sub 15's
        * 15.  Notwithstanding  the  provisions  of  subdivision  one  of  the
      section, in the town of Clarkson, in the county of  Monroe,  the  person
      performing  the  functions  of  code  enforcement officer need not be an
      elector of such town.  Provided,  however,  the  person  performing  the
      functions  of  code  enforcement  officer  in any other town shall be an
      elector of such town, unless otherwise provided by law.
        * NB There are 2 sub 15's
        16. Notwithstanding the provisions of subdivision one of this section,
      in the town of Andover, in the county of Allegany, the person performing
      the functions of town justice need not  be  an  elector  of  such  town.
      Provided,  however,  the person performing the functions of town justice
      in any other town shall be an elector  of  such  town  unless  otherwise
      provided by law.
        17. Notwithstanding the provisions of subdivision one of this section,
      in  the  town  of  Colesville,  in  the  county  of  Broome,  the person
      performing the functions of court clerk need not be an elector  of  such
      town.  Provided,  however,  the person performing the functions of court
      clerk in any other  town  shall  be  an  elector  of  such  town  unless
      otherwise provided by law.
        * 18.  Notwithstanding  the  provisions  of  subdivision  one  of this
      section, in the town of Copake, in the county of Columbia,  the  persons
      performing  the functions of court clerk and deputy court clerk need not
      be electors of such town. Provided, however, the persons performing  the
      functions  of court clerk and deputy court clerk in any other town shall
      be an elector of such town unless otherwise provided by law.
        * NB There are 4 sub 18's
        * 18. Notwithstanding  the  provisions  of  subdivision  one  of  this
      section,  in  the  town  of  Barker, in the county of Broome, the person
      performing the functions of court clerk need not be an elector  of  such
      town.    Provided, however, the person performing the functions of court
      clerk  in  any  other  town  shall  be  an  elector  of such town unless
      otherwise provided by law.
        * NB There are 4 sub 18's
        * 18. Notwithstanding  the  provisions  of  subdivision  one  of  this
      section,  in  the  town  of  Maine,  in the county of Broome, the person
      performing the functions of building inspector/code enforcement  officer
      need  not  be  an  elector  of  such town. Provided, however, the person
      performing the functions of building inspector/code enforcement  in  any
      other town shall be an elector of such town unless otherwise provided by
      law.
        * NB There are 4 sub 18's
        * 18.  Notwithstanding  the  provisions  of  subdivision  one  of this
      section, in the town of Nanticoke, in the county of Broome,  the  person
      performing  the  functions of court clerk need not be an elector of such
      town.  Provided, however, the person performing the functions  of  court
      clerk  in  any  other  town  shall  be  an  elector  of such town unless
      otherwise provided by law.
        * NB There are 4 sub 18's
        * 19. Notwithstanding  the  provisions  of  subdivision  one  of  this
      section,  in  the  town of Kirkwood, in the county of Broome, the person
      performing the functions of court clerk need not be an elector  of  such
      town.    Provided, however, the person performing the functions of court
      clerk in any other  town  shall  be  an  elector  of  such  town  unless
      otherwise provided by law.
        * NB There are 2 sub 19's
        * 19.  Notwithstanding  the  provisions  of  subdivision  one  of this
      section, in the town of Big Flats, in the  county  of  Chemung,  persons
      performing  the  functions  of  assessor,  town attorney and director of
      building inspection/code enforcement office need not be  an  elector  of
      such  town.    Provided,  however,  persons performing such functions or
      holding such offices in any other town shall be electors  of  such  town
      unless otherwise provided by law.
        * NB There are 2 sub 19's
        20. Notwithstanding the provisions of subdivision one of this section,
      in the town of Maine, in the county of Broome, the person performing the
      functions  of court clerk need not be an elector of such town. Provided,
      however, the person performing the functions of court clerk in any other
      town shall be an elector of such town unless otherwise provided by law.
        21. Notwithstanding the provisions of subdivision one of this section,
      in the town of Wellsville,  in  the  county  of  Allegany,  the  persons
      performing  the  functions  of town justice need not be electors of such
      town. Provided, however, the persons performing the  functions  of  town
      justice  in  any  other  town  shall  be  electors  of  such town unless
      otherwise provided by law.
        22. Notwithstanding the provisions of subdivision one of this section,
      in the town of Gerry, in the county of Chautauqua, the person performing
      the functions of court clerk need  not  be  an  elector  of  such  town.
      Provided, however, the person performing the functions of court clerk in
      any  other  town  shall  be  an  elector  of such town, unless otherwise
      provided by law.
        * 23. Notwithstanding  the  provisions  of  subdivision  one  of  this
      section,  in the town of Willing, in the county of Allegany, the persons
      performing the functions of town justice need not be  electors  of  such
      town.  Provided,  however,  the persons performing the functions of town
    
      justice in any  other  town  shall  be  electors  of  such  town  unless
      otherwise provided by law.
        * NB There are 3 sub 23's
        * 23.  Notwithstanding  the  provisions  of  subdivision  one  of this
      section, in the town of Windsor, in the county  of  Broome,  the  person
      holding  the position of clerk to justice need not be an elector of such
      town.  Provided, however, the person holding the position  of  clerk  to
      justice  in  any  other  town  shall  be an elector of such town, unless
      otherwise provided by law.
        * NB There are 3 sub 23's
        * 23. Notwithstanding  the  provisions  of  subdivision  one  of  this
      section,  in  the  town  of Windsor, in the county of Broome, the person
      performing the  functions  of  the  town  building  inspector  and  code
      enforcement  officer  need  not  be  an  elector of such town. Provided,
      however, the person performing the functions of town building  inspector
      in  any  other  town  shall be an elector of such town, unless otherwise
      provided by an act of the state legislature.
        * NB There are 3 sub 23's