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  anyother 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  ofdeputy  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 townjustice 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