§ 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.