NY Town L § 23 (2021)
2021 New York Laws TWN - Town Article 3 - Town Officers, Powers, Duties and Compensation 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.