N.Y. Town Law § 23: Eligibility of town officers

§ 23. Eligibility of town officers. 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

* 24. Notwithstanding the provisions of subdivision one of this

section, in the town of Benson, in the county of Hamilton, 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 2 sub 24's

* 24. Notwithstanding the provisions of subdivision one of this

section, in the town of Genesee, 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 2 sub 24's

* 25. Notwithstanding subdivision one of this section, in the town of

Fishkill, Dutchess county, the person performing the function of

comptroller need not be an elector of such town. Provided, however, the

person performing the functions of comptroller 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 sb 25's

* 25. Notwithstanding subdivision one of this section, in the town of

Cambria, Niagara county, 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 an act of

the state legislature.

* NB There are 2 sb 25's

* 26. Notwithstanding the provisions of subdivision one of this

section, the town of Kirkwood, in the county of Broome, the person

performing the functions of town code enforcement officer/building

inspector need not be an elector of such town. Provided, however, the

persons performing the functions of town code enforcement

officer/building inspector in any other town shall be electors of such

town unless otherwise provided by law.

* NB There are 3 sb 26's

* 26. Notwithstanding the provisions of subdivision one of this

section, in the town of Piercefield, in the county of St. Lawrence, 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 sb 26's

* 26. Notwithstanding the provisions of subdivision one of this

section, in the town of Lyndon, in the county of Cattaraugus, 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 sb 26's

27. Notwithstanding the provisions of subdivision one of this section,

the town of Kirkwood, in the county of Broome, the person performing the

functions of code officer need not be an elector of such town. Provided,

however, the persons performing the functions of code officer in any

other town shall be electors of such town unless otherwise provided by

law.

* 28. Notwithstanding subdivision one of this section, in the town of

Wheatfield, Niagara county, 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 an act of the state legislature.

* NB There are 3 sb 28's

* 28. Notwithstanding the provisions of subdivision one of this

section, in the town of Conklin, in the county of Broome, the person

performing the functions of town building inspector and code enforcement

officer need not be an elector of such town. Provided, however, the

person performing the functions of building inspector and code

enforcement officer in any other town shall be an elector of such town,

unless otherwise provided by law.

* NB There are 3 sb 28's

* 28. Notwithstanding subdivision one of this section, in the town of

Wallkill, Orange county, the person performing the function of

comptroller need not be an elector of such town. Provided, however, the

person performing the functions of comptroller 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 sb 28's

29. Notwithstanding the provisions of subdivision one of this section,

in the town of Lewis, Lewis county, the person performing the function

of town justice, need not be an elector of such town. Provided, however,

the person performing the function of town justice in any other town

shall be an elector of such town, unless otherwise provided by an act of

the state legislature.

* 30. Notwithstanding the provisions of subdivision one of this

section, in the town of Allen, in the county of Allegany, the person

performing the function of town justice, need not be an elector of such

town. Provided, however, the person performing the function 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 sb 30's

* 30. Notwithstanding the provisions of subdivision one of this

section, in the town of LaGrange, in the county of Dutchess, the person

performing the functions of the building inspector, comptroller and

administrator of public works need not be an elector of such town.

Provided, however, the person performing the functions of the building

inspector, comptroller and administrator of public works 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 sb 30's

* 31. Notwithstanding the provisions of subdivision one of this

section, in the town of Wallkill, in the county of Orange, the persons

performing the functions of town building inspector and code enforcement

officer need not be electors of such town. Provided, however, the

persons performing the functions of building inspector and code

enforcement officer in any other town shall be electors of such town,

unless otherwise provided by law.

* NB There are 3 sb 31's

* 31. Notwithstanding subdivision one of this section, in the town of

Boylston, Oswego county, the person performing the function of town

justice need not be an elector of such town. Provided, however, the

person performing the function 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 sb 31's

* 31. Notwithstanding subdivision one of this section, in the town of

Somers, in the county of Westchester, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant court clerk of the town of Somers, provided that such person

resides in the county in which such town is located or Putnam county.

Provided, however, the person performing the functions of assistant

court clerk in any other town shall be a resident of such town, unless

otherwise provided by an act of the state legislature.

* NB There are 3 sb 31's

* 32. Notwithstanding subdivision one of this section, in the town of

Wilson, Niagara county, the person performing the function of building

inspector need not be an elector of such town. Provided, however, the

person performing the function of 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 sb 32's

* 32. Notwithstanding subdivision one of this section, in the town of

Sodus, Wayne County, 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 an act of the state

legislature.

* NB There are 3 sb 32's

* 32. Notwithstanding the provisions of subdivision one of this

section, in the town of Putnam Valley, Putnam County, the persons

performing the functions of the building inspector/code enforcement

officer and assistant/deputy building inspector/code enforcement officer

need not be electors of such town. Provided, however, the persons

performing the functions of the building inspector/code enforcement

officer and assistant/deputy building inspector/code enforcement officer

in any other town shall be electors of such town, unless otherwise

provided by an act of the state legislature.

* NB There are 3 sb 32's

* 33. Notwithstanding subdivision one of this section, in the town of

Somers, in the county of Westchester, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the position of court

attendant for the town of Somers, provided that such person resides in

the county in which such town is located. Provided, however, the person

performing the functions of court attendant in any other town shall be a

resident of such town, unless otherwise provided by an act of the state

legislature.

* NB There are 2 sb 33's

* 33. Notwithstanding subdivision one of this section, in the town of

Pavilion, Genesee county, the person performing the function of town

superintendent of highways or town engineer need not be an elector of

such town, provided that such person is an elector in an adjoining town

or village within an adjoining town within the state. Provided, however,

the person performing the function of town superintendent of highways or

town engineer 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 sb 33's

34. Notwithstanding the provisions of subdivision one of this section,

in the town of Angelica, in the county of Allegany, the person

performing the function of town justice, need not be an elector of such

town. Provided, however, the person performing the function of town

justice in any other town shall be an elector of such town, unless

otherwise provided by an act of the state legislature.

35. Notwithstanding the provisions of subdivision one of this section,

in the town of Van Etten, in the county of Chemung, the person

performing the function of town justice, need not be an elector of such

town. Provided, however, the person performing the function of town

justice in any other town shall be an elector of such town, unless

otherwise provided by an act of the state legislature.

36. Notwithstanding the provisions of subdivision one of this section,

in the town of Chester, Orange county, the person performing the

function of comptroller or building inspector need not be an elector of

such town, provided that such person resides in the county in which such

town is located. Provided, however, the person performing the function

of comptroller or building inspector in any other town shall be an

elector of such town, unless otherwise provided by an act of the state

legislature.

* 37. Notwithstanding subdivision one of this section, in the town of

Pendleton, Niagara county, the person performing the function of

building inspector need not be an elector of such town. Provided,

however, the person performing the function of 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 sb 37's

* 37. Notwithstanding the provisions of subdivision one of this

section, in the town of Harrison, in the county of Westchester, the

person performing the function of assistant court clerk or fire marshal,

need not be an elector of such town. Provided, however, the person

performing the function of assistant court clerk or fire marshal 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 sb 37's

* 37. Notwithstanding the provisions of subdivision one of this

section, in the town of Montour, in the county of Schuyler, the person

performing the function of town justice, need not be an elector of such

town. Provided, however, the person performing the function 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 sb 37's