§ 3. Qualifications for holding office. 1. No person shall be capable\nof holding a civil office who shall not, at the time he or she shall be\nchosen thereto, have attained the age of eighteen years, except that in\nthe case of youth boards, youth commissions, recreation commissions, or\ncommunity boards in the city of New York only, members of such boards or\ncommissions may be under the age of eighteen years, but must have\nattained the age of sixteen years on or before appointment to such youth\nboard, youth commission, recreation commission, or community board in\nthe city of New York, be a citizen of the United States, a resident of\nthe state, and if it be a local office, a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen, or within which the electors electing him or her\nreside, or within which his or her official functions are required to be\nexercised, or who shall have been or shall be convicted of a violation\nof the selective draft act of the United States, enacted May eighteenth,\nnineteen hundred seventeen, or the acts amendatory or supplemental\nthereto, or of the federal selective training and service act of\nnineteen hundred forty or the acts amendatory thereof or supplemental\nthereto.\n 1-a. (i) No person shall be capable of holding a civil office who\nshall stand convicted of a felony defined in article two hundred or four\nhundred ninety-six or section 195.20 of the penal law.\n (ii) Any individual who stands convicted of a misdemeanor defined in\narticle two hundred, article four hundred ninety-six or section 195.00\nof the penal law may not hold civil office for a period of five years\nfrom the date of conviction, provided that in the event such conviction\nis the result of a plea agreement resulting in a plea to such charge in\nlieu of a plea or conviction of a felony defined in section 195.20,\narticle two hundred or article four hundred ninety-six of the penal law,\nall parties to such agreement may agree that the period of such bar may\nbe for a period of up to ten years from the date of conviction.\n 2. Neither the provisions of this section or of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\napply to the appointment of a person as a member of the police force of\nany political subdivision or municipal corporation of the state if such\nperson resides (a) in the county in which such political subdivision or\nmunicipal corporation is located; or (b) in a county within the state\ncontiguous to the county in which such political subdivision or\nmunicipal corporation is located; or (c) in a county within the state\ncontiguous to such political subdivision or municipal corporation; or\n(d) in a county within the state contiguous to a county described in\nitem (c) hereof where the former is less than fifteen miles from such\npolitical subdivision or municipal corporation, measured from their\nrespective nearest boundary lines; or (e) in a county within the state\ncontiguous to a county described in item (d) hereof where the former is\nless than thirty miles from such political subdivision or municipal\ncorporation, measured from their respective nearest boundary lines.\n 2-a. Neither the provisions of this section, nor of any general,\nspecial or local law, charter, code, ordinance, resolution, rule or\nregulation, requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall apply to the appointment of a member of the department\nof sanitation of any municipality of the state who resides in a county\nwithin the state contiguous to such municipality. A member of the\ndepartment of sanitation of any political subdivision or municipal\ncorporation who has five or more years of service may reside (a) in a\ncounty in which such political subdivision or municipal corporation is\nlocated; or (b) in a county within the state contiguous to the county in\nwhich such political subdivision or municipal corporation is located; or\n(c) in a county within the state contiguous to such political\nsubdivision or municipal corporation; or (d) in a county within the\nstate which is not more than fifteen miles from such political\nsubdivision or municipal corporation.\n * 2-b. Neither the provisions of this section, nor of any general,\nspecial or local law, charter, code, ordinance, resolution, rule or\nregulation, requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall apply to the appointment of an officer or employee of\nthe parole commission of an municipality of the state if such person\nresides (a) in a county in which such political subdivision or municipal\ncorporation is located; or (b) in a county within the state contiguous\nto the county in which such political subdivision or municipal\ncorporation is located; or (c) in a county within the state contiguous\nto such political subdivision or municipal corporation; or (d) in a\ncounty within the state contiguous to a county described in item (c)\nhereof where the former is less than fifteen miles from such political\nsubdivision or municipal corporation, measured from their respective\nnearest boundary lines.\n * NB There are 2 sub 2-b's\n * 2-b. Neither the provisions of this section, nor of any general,\nspecial or local law, charter, code, ordinance, resolution, rule or\nregulation, requiring a person to be a resident of the political\nsubdivision of the state for which he shall be chosen, shall apply to\nthe appointment of a person, as an emergency special deputy sheriff, by\nthe sheriff of a county who has declared a state of special emergency\npursuant to section two hundred nine-f of the general municipal law, if\nsuch person is at the time either a regular, part time or special deputy\nsheriff of another county.\n * NB There are 2 sub 2-b's\n 2-c. Neither the provisions of this section or of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state within which his or her official\nfunctions are required to be exercised, shall apply to a person who is a\nmember of the police department of the city of Yonkers on the effective\ndate of this subdivision. Every such person may reside any place within\nthe counties of Westchester, Dutchess and Orange.\n 2-d. Neither the provisions of this section nor of any general,\nspecial or local law, charter, code, ordinance, resolution, rule or\nregulation, requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state by which he or she is\nemployed, shall apply to a person who is employed as a deputy sheriff by\nthe city of New York and who resides (a) in a county within the state\ncontiguous to such municipality; or (b) in a county within the state\ncontiguous to a county described in paragraph (a) of this subdivision.\n 3. Nothing herein contained shall operate to prevent a person\nregularly admitted to practice as an attorney and counsellor in the\ncourts of record of this state, whose office for the practice of law is\nwithin the state, from accepting or retaining an appointment as a notary\npublic, as provided in section one hundred thirty of the executive law,\nalthough he resides in or removes to an adjoining state. For the\npurposes of accepting and retaining an appointment as a notary public\nsuch person shall be deemed a resident of the county where he maintains\nsuch office for the practice of law.\n 3-a. Nothing herein contained shall operate to prevent a person\nregularly admitted to practice as an attorney and counsellor in the\ncourts of record of this state, whose office for the practice of law is\nwithin the city of New York, from accepting or retaining an appointment\nas a commissioner of deeds in and for the city of New York, as provided\nin section one hundred forty of the executive law, although he resides\nin or removes to another city in this state or to an adjoining state.\nFor the purposes of accepting and retaining an appointment as a\ncommissioner of deeds in and for the city of New York, such person shall\nbe deemed a resident of the county where he maintains such office.\n 4. Except as otherwise provided in subdivision nine of this section,\npersons heretofore or hereafter employed in the paid fire department of\na city, town, village or fire district shall not be deemed to be holding\na civil office or a local office within the meaning of this section and\nthe provisions of this section shall not apply to such persons. The\nprovisions of any general, special or local law, city or village\ncharter, code or ordinance, or any rule or regulation requiring a person\nto be a resident of the political subdivision or municipal corporation\nof the state for which he shall be chosen or within which his official\nfunctions are required to be exercised shall not apply to the\nappointment or continuance in office of any such person so employed, if\nsuch person resides in the county, or one of the counties, in which such\npolitical subdivision or municipal corporation is located.\n 5. Volunteer firemen and volunteer fire officers of a fire department\nor any company or unit thereof shall not be deemed to be holding a civil\noffice or a local office within the meaning of this section and the\nprovisions of this section shall not apply to such volunteer firemen and\nvolunteer fire officers. This subdivision shall not be deemed to amend,\nmodify or supersede any other general, special or local law, city or\nvillage charter, code or ordinance, or any rule or regulation governing\nany such fire department, which prescribes the qualifications which a\nperson must have to be a volunteer fireman or a volunteer fire officer\nof a political subdivision or municipal corporation.\n 6. The provisions of this section requiring a person to be a resident\nof the political subdivision or municipal corporation of the state for\nwhich he shall be chosen or within which his official functions are\nrequired to be exercised, shall not apply to the appointment of trustees\nof a public village library, who reside outside the village in which\nsuch library is located.\n 7. Nothing herein contained shall operate to prevent a person\nregularly admitted to practice as an attorney and counsellor in the\ncourts of record of this state, whose office for the practice of law is\nwithin the state, from accepting or retaining an appointment as a\ncommissioner of deeds in and for the city of New York, as provided in\nsection one hundred forty of the executive law, although he resides in\nor removes to any other county in the state or an adjoining state. For\nthe purposes of accepting and retaining an appointment as a commissioner\nof deeds such person shall be deemed a resident of the county where he\nmaintains such office for the practice of law.\n 8. The provisions of this section requiring a person to be a resident\nof the political subdivision or municipal corporation of the state for\nwhich he shall be chosen, or within which his official functions are\nrequired to be exercised, shall not apply in the case of any probation\nofficers heretofore or hereafter appointed; nor shall they be applicable\nin the case of any other persons heretofore or hereafter appointed to\nnon-judicial positions in the courts in this state, except those\nappointed to positions in courts for towns, villages and cities outside\nthe city of New York. This subdivision shall not be deemed to amend,\nmodify or supersede any other general, special or local law, charter,\ncode or ordinance, or any rule or regulation which prescribes the\nqualifications which a person must have to be appointed to a position\nreferred to herein.\n 9. Neither the provisions of this section, nor of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall apply to the appointment of a paid member of the\nuniformed force of a paid fire department, who, for purposes of this\nsection shall include persons employed as fire alarm dispatchers, or to\nthe appointment of any person employed in a department of correction in\nthe correction service classification of the classified civil service,\nor to the appointment of officers and inspectors who are employees of a\ndepartment of health of any city of over one million population who\nresides (a) in the county in which such city is located; or (b) in a\ncounty within the state contiguous to the county in which said city is\nlocated; or (c) in a county within the state contiguous to such city; or\n(d) in a county within the state which is not more than fifteen miles\nfrom said city.\n 10. Neither the provisions of this section, nor of any general,\nspecial or local law, charter, code or ordinance, resolution, rule or\nregulation, requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall apply to the appointment of a member of a drug abuse\nprevention council of any municipality of the state if such person\nresides in a county in which such political subdivision or municipal\ncorporation is located.\n 11. In the city of Salamanca the provisions of this section requiring\na person to be a resident of the political subdivision or municipal\ncorporation of the state for which he shall be chosen or within which\nhis official functions are required to be exercised, shall not prevent a\nperson regularly admitted to practice as an attorney or counsellor in\nthe courts of record of this state from holding the office of city\nattorney or city justice of the city of Salamanca, if such person\nresides in the county in which such city is located.\n 11-a. In the city of Salamanca the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of city\ncomptroller of the city of Salamanca, if such person resides in the\ncounty in which such city is located.\n 12. The provisions of this section or of any other provision of law\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot apply to the appointment of public officers in the city of Troy,\nexcept the city manager of such city, provided that such appointed\nofficers are residents of the county of Rensselaer.\n 13. In the city of Hudson the provisions of this section requiring a\nperson to be a resident of the political subdivision or municipal\ncorporation of the state for which he shall be chosen or within which\nhis official functions are required to be exercised, shall not prevent a\nperson from holding the office of city court judge of the city of\nHudson, provided that such person resides in the county in which such\ncity is located.\n 14. In the town of Mount Pleasant, Westchester county, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nengineer of the town of Mount Pleasant, provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York.\n 15. In the town of North Castle, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nengineer or the office of town building inspector of the town of North\nCastle, provided that such person resides in the county in which such\ntown is located or an adjoining county within the state of New York.\n 16. In the town of New Castle, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nsuperintendent of highways or town engineer of the town of New Castle,\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York or such town\nprovides by resolution that such person need not be a resident of such\ntown, but must be a resident of New York state.\n 17. In the town of North Salem, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nbuilding inspector or deputy town building inspector of the town of\nNorth Salem, provided that such person resides in the county in which\nsuch town is located or an adjoining county within the state of New\nYork.\n 18. In the town of Mount Pleasant, Westchester county, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of\ncomptroller or building inspector of the town of Mount Pleasant,\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York.\n 19. Any person who resides in this state and who is currently employed\nas a member of the police force, a paid member of the uniformed force of\na paid fire department or department of corrections in the correctional\nservice classification of the classified civil service, of a city of\nover one million population, shall be exempt from the provisions of\nsubdivisions one, two and nine of this section upon compliance with the\nprocedure set forth in this subdivision. Any person seeking to benefit\nfrom the exemption created by this subdivision shall notify his\nrespective employer in writing of said intention within thirty days from\nthe effective date of this subdivision and shall specify his then\ncurrent residence address. The exemption created by this subdivision\nshall be applicable only to said actual designated residence and not to\nany residence that any subject currently employed member may thereafter\nestablish; provided, however, that any such currently employed member\nwho resides outside this state shall have one year from the effective\ndate of this subdivision within which to establish residence as required\npursuant to subdivisions one, two and nine of this section and comply\nwith the notice requirements of this subdivision. Said residence shall\nconstitute a lawful residence for all purposes notwithstanding any\nprovision to the contrary of any general, special or local law, charter,\ncode, ordinance, resolution, rule or regulation.\n * 20. In the town of Carmel, Putnam county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of town engineer of the\ntown of Carmel or the office of wetlands inspector of the town of Carmel\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York.\n * NB There are 4 sub 20's\n * 20. In the town of Bolivar, Allegany county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of town superintendent of\nhighways of the town of Bolivar, provided that such person resides in\nthe county in which such town is located.\n * NB There are 4 sub 20's\n * 20. In the city of Ithaca, Tompkins county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of member of the board of\nfire commissioners of the city of Ithaca, provided that such person\nresides in the county in which such city is located and within the town\nof Ithaca.\n * NB There are 4 sub 20's\n * 20. In the town of Mamaroneck, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\ntown clerk of the town of Mamaroneck, provided that such person resides\nin the county in which such town is located or an adjoining county\nwithin the state of New York.\n * NB There are 4 sub 20's\n 21. In the town of Lewisboro, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nengineer of the town of Lewisboro provided that such person resides in\nthe county in which such town is located or an adjoining county within\nthe state of New York.\n 22. In the town of Lewisboro, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nbuilding inspector or deputy town building inspector of the town of\nLewisboro provided that such person resides within the state of New\nYork.\n 23. In the town of Sweden, Monroe county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of court clerk of the town\nof Sweden, provided that such person resides in the county in which such\ntown is located or an adjoining county within the state of New York.\n * 24. In the town of Greenburgh, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised shall not prevent a person from holding any appointed public\noffice, provided that such person resides in the state of New York.\n * NB There are 3 sub 24's\n * 24. In the town of Ogden, Monroe county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of court clerk of the town\nof Ogden, provided that such person resides in the county in which such\ntown is located or an adjoining county within the state of New York.\n * NB There are 3 sub 24's\n * 24. In the towns of Aurora, Holland and Marilla, Erie county, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nshall be chosen or within which his official functions are required to\nbe exercised, shall not prevent a person from holding the office of\ncourt clerk to the justices of the towns of Aurora, Holland and Marilla\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York.\n * NB There are 3 sub 24's\n 25. In the town of Patterson, Putnam county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of wetlands inspector\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York.\n 26. In the town of Ithaca, Tompkins county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of town engineer of the\ntown of Ithaca provided that such person resides in the county in which\nsuch town is located or an adjoining county within the state of New\nYork.\n 27. In the town of Bedford, Westchester county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of court clerk, deputy\ncourt clerk or any position within the court clerk's office of the town\nof Bedford.\n 28. In respect to public officers employed by Westchester county, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised shall not prevent a person from holding any\nappointed public office, provided that such person resides in the state\nof New York.\n 29. In the town of Somers, Westchester county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of town engineer of the\ntown of Somers.\n 31. In the town of Victor, Ontario county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of court\nclerk of the town of Victor, provided that such person resides in an\nadjoining town in the county in which such town is located.\n * 32. In the village of Penn Yan, Yates county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of justice court clerk of\nthe village of Penn Yan, provided that such person resides in the county\nin which such village is located or an adjoining county within the state\nof New York.\n * NB There are 2 sub 32's\n * 32. In the town of North East, Dutchess county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nengineer of the town of North East, provided that such person resides in\nthe county in which such town is located or an adjoining county within\nthe state of New York.\n * NB There are 2 sub 32's\n 33. In the Flint Creek Small Watershed Protection district in the\ncounties of Ontario and Yates, the provisions of this section requiring\na person to be a resident of the political subdivision or municipal\ncorporation of the state for which he shall be chosen or within which\nhis official functions are required to be exercised, shall not prevent a\nperson from holding a district office, provided that such person owns\nreal property within the district boundaries.\n * 34. In the town of Hamlin, county of Monroe, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of court\nclerk of the town of Hamlin, provided that such person resides in the\ncounty in which such town is located or an adjoining county within the\nstate of New York.\n * NB There are 3 sub 34's\n * 34. In the village of Goshen, Orange county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of treasurer of the village\nof Goshen, provided that such person resides within the state of New\nYork.\n * NB There are 3 sub 34's\n * 34. In the town of Grove, Allegany county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\njustice of the town of Grove, provided that such person resides in the\ncounty in which such town is located. Provided, however, the person\nperforming the functions of town justice in any other town shall be a\nresident of such town unless otherwise provided by an act of the state\nlegislature.\n * NB There are 3 sub 34's\n * 35. Nothing herein contained shall operate to prevent an otherwise\nqualified officer or agent of any society for the prevention of cruelty\nto children in Rockland county from accepting or retaining appointment\nas a peace officer with such society when such officer or agent\nsatisfies the provisions as to residence set forth in subdivision two of\nthis section.\n * NB Repealed August 11, 2017\n 36. In the village of Arkport, Steuben county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of clerk/treasurer of the\nvillage of Arkport, provided that such person resides in the county in\nwhich such village is located or an adjoining county within the state of\nNew York.\n 37. In the town of Independence, Allegany county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which such person\nshall be chosen or within which such person's official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Independence, provided that such\nperson resides in the county in which such town is located. Provided,\nhowever, the person performing the functions of town justice in any\nother town shall be a resident of such town, unless otherwise provided\nby an act of the state legislature.\n 38. In the county of Yates, the provisions of this section requiring a\nperson to be a resident of the political subdivision or municipal\ncorporation of the state for which he shall be chosen or within which\nhis official functions are required to be exercised, shall not prevent a\nperson from holding the office of assistant district attorney of the\ncounty of Yates, other than the first assistant district attorney,\nprovided that such person resides in Yates county or an adjoining county\nwithin the state of New York.\n 38-a. In the county of Yates, the provisions of this section requiring\na person to be a resident of the political subdivision or municipal\ncorporation of the state for which he or she shall be chosen or within\nwhich his or her official functions are required to be exercised, shall\nnot prevent a person regularly admitted to practice as an attorney or\ncounselor in the courts of record of this state from holding the office\nof assistant public defender of the county of Yates, provided that such\nperson resides in the county of Yates or an adjoining county within the\nstate of New York.\n 39. In the town of Birdsall, Allegany county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nof municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\njustice of the town of Birdsall, provided that such person resides in\nthe county in which such town is located. Provided, however, the person\nperforming the functions of town justice in any other town shall be a\nresident of such town, unless otherwise provided by an act of the state\nlegislature.\n * 40. In the town of West Union, Steuben county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which such person\nshall be chosen or within which such person's official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of West Union, provided that such\nperson resides in the county in which such town is located. Provided,\nhowever, the person performing the functions of town justice in any\nother town shall be a resident of such town, unless otherwise provided\nby an act of the state legislature.\n * NB There are 4 sub 40's\n * 40. In the town of Granger, Allegany county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nof municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\njustice of the town of Granger, provided that such person resides in the\ncounty in which such town is located. Provided, however, the person\nperforming the functions of town justice in any other town shall be a\nresident of such town, unless otherwise provided by an act of the state\nlegislature.\n * NB There are 4 sub 40's\n * 40. In the town of Somers, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within his official functions are required to be exercised,\nshall not prevent a person from holding the office of town building\ninspector provided that such person resides in the county in which such\ntown is located or an adjoining county within the state of New York.\n * NB There are 4 sub 40's\n * 40. In the town of Pound Ridge, Westchester county, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nsuperintendent of highways of the town of Pound Ridge provided that such\nperson resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of town superintendent of highways in\nany other town shall be a resident of such town, unless otherwise\nprovided by an act of the state legislature.\n * NB There are 4 sub 40's\n * 41. In the county of Putnam, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff in Putnam county, provided, however, that such person performing\nthe duties and functions of deputy sheriff resides in Putnam county or\nany adjoining county within New York state unless otherwise provided by\nan act of the state legislature.\n * NB There are 3 sub 41's\n * 41. In the town of Somers, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within his official functions are required to be exercised,\nshall not prevent a person from holding the office of court clerk of the\ntown of Somers provided that such person resides in the county in which\nsuch town is located or an adjoining county within the state of New\nYork.\n * NB There are 3 sub 41's\n * 41. In the town of Pound Ridge, Westchester county, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nbuilding inspector of the town of Pound Ridge provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York. Provided, however, the person\nperforming the functions of town building inspector in any other town\nshall be a resident of such town, unless otherwise provided by an act of\nthe state legislature.\n * NB There are 3 sub 41's\n * 42. In the county of Putnam, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of\ncorrection officer in Putnam county, provided, however, that such person\nperforming the duties and functions of correction officer resides in\nPutnam county or any adjoining county within New York state unless\notherwise provided by an act of the state legislature.\n * NB There are 2 sub 42's\n * 42. In the town of Pound Ridge, Westchester county, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nbuilding inspector of the town of Pound Ridge provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York. Provided, however, the person\nperforming the functions of deputy building inspector in any other town\nshall be a resident of such town, unless otherwise provided by an act of\nthe state legislature.\n * NB There are 2 sub 42's\n * 43. In the city of Jamestown, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding such office of director of public\nworks in the city of Jamestown, provided that such person resides in the\ncounty in which such city is located.\n * NB There are 2 sub 43's\n * 43. In the town of Ogden, Monroe county, the provisions of this\nsection requiring a person to be a resident of a political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nbuilding inspection and code enforcement officer of the town of Ogden\nprovided that such person resides in the county in which such town is\nlocated. Provided, however, the person performing the functions of\nbuilding inspection and code enforcement officer in any other town shall\nbe a resident of such town, unless otherwise provided by law.\n * NB There are 2 sub 43's\n * 44. In the county of Tioga, the provisions of this section requiring\na person to be a resident of the political subdivision or municipal\ncorporation of the state for which such person shall be chosen or within\nwhich such person's official functions are required to be exercised,\nshall not prevent a person from holding the office of correction officer\nin Tioga county, provided, however, that such person performing the\nduties and functions of correction officer resides in Tioga county or\nany adjoining county within New York state, unless otherwise provided by\nan act of the state legislature.\n * NB There are 4 sub 44's\n * 44. In the town of Hamlin, Monroe county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporations of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nbuilding inspector/code enforcement officer of the town of Hamlin\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York. Provided,\nhowever, the person performing the functions of town building\ninspector/code enforcement officer in any other town shall be a resident\nof such town, unless otherwise provided by an act of the state\nlegislature.\n * NB There are 4 sub 44's\n * 44. In the town of Clarkson, in the county of Monroe, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector in the town of Clarkson provided that such\nperson resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of building inspector in any other town\nshall be a resident of such town, unless otherwise provided by law.\n * NB There are 4 sub 44's\n * 44. In the county of Madison, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of assistant district\nattorney of the county of Madison, provided that such person resides in\nMadison county or an adjoining county within the state of New York.\n * NB There are 4 sub 44's\n * 45. In the town of Hamlin, Monroe county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nfire marshall of the town of Hamlin provided that such person resides in\nthe county in which such town is located or an adjoining county within\nthe state of New York. Provided, however, the person performing the\nfunctions of town fire marshall in any other town shall be a resident of\nsuch town, unless otherwise provided by an act of the state legislature.\n * NB There are 2 sub 45's\n * 45. In the town of Clarkson, in the county of Monroe, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of code enforcement officer in the town of Clarkson provided that\nsuch person resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of code enforcement officer in any other\ntown shall be a resident of such town, unless otherwise provided by law.\n * NB There are 2 sub 45's\n * 46. In the town of Andover, in the county of Allegany, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Andover, provided that such person\nresides in the county in which such town is located. Provided, however,\nthe person performing the functions of town justice in any other town\nshall be a resident of such town, unless otherwise provided by law.\n * NB There are 3 sub 46's\n * 46. In the town of Somers, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within his official functions are required to be exercised,\nshall not prevent a person from holding the office of town building\ninspector provided that such person resides in the county in which such\ntown is located, Dutchess county, or an adjoining county to Westchester\ncounty, within the state of New York.\n * NB There are 3 sub 46's\n * 46. In the city of Mechanicville the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of acting\njudge of the city court of Mechanicville, provided that such person\nresides in the county of Saratoga.\n * NB There are 3 sub 46's\n 47. In the town of Somers, Westchester county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin his official functions are required to be exercised, shall not\nprevent a person from holding the office of court clerk of the town of\nSomers provided that such person resides in the county in which such\ntown is located, Dutchess county, or an adjoining county to Westchester\ncounty, within the state of New York.\n * 48. In the town of Colesville, in the county of Broome, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk of the town of Colesville, provided that such\nperson resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of court clerk in any other town shall\nbe a resident of such town, unless otherwise provided by law.\n * NB There are 3 sub 48's\n * 48. In the county of Fulton, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff in Fulton county, provided, however, that such person performing\nthe duties and functions of deputy sheriff resides in Fulton county or\nany adjoining county within New York state unless otherwise provided by\nan act of the state legislature.\n * NB There are 3 sub 48's\n * 48. In the county of Montgomery, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff in Montgomery county, provided, however, that such person\nperforming the duties and functions of deputy sheriff resides in\nMontgomery county or any adjoining county within New York state unless\notherwise provided by an act of the state legislature.\n * NB There are 3 sub 48's\n * 49. In the county of Madison, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff of the county of Madison, provided that such person resides in\nMadison county or an adjoining county within New York state, unless\notherwise provided by an act of the state legislature.\n * NB There are 7 sub 49's\n * 49. In the county of Tompkins, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff in Tompkins county, provided, however, that such person\nperforming the duties and functions of deputy sheriff resides in\nTompkins county or any adjoining county within New York state unless\notherwise provided by an act of the state legislature.\n *NB There are 7 sub 49's\n * 49. In the village of Trumansburg, in the county of Tompkins, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village clerk-treasurer and deputy clerk of the village of\nTrumansburg, provided that such person resides in the county in which\nsuch village is located or an adjoining county within the state of New\nYork. Provided, however, the person performing the functions of village\nclerk-treasurer and deputy clerk in any other village shall be a\nresident of such village, unless otherwise provided by an act of the\nstate legislature.\n * NB There are 7 sub 49's\n * 49. In the town of Copake, in the county of Columbia, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk or deputy court clerk of the town of Copake,\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York. Provided,\nhowever, the persons performing the functions of court clerk and deputy\ncourt clerk in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 7 sub 49's\n * 49. In the town of Barker, in the county of Broome, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk of the town of Barker, provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York. Provided, however, the person\nperforming the functions of court clerk in any other town shall be a\nresident of such town, unless otherwise provided by law.\n * NB There are 7 sub 49's\n * 49. In the town of Maine, in the county of Broome, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector/code enforcement of the town of Maine,\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York.\n * NB There are 7 sub 49's\n * 49. In the town of Nanticoke, in the county of Broome, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk of the town of Nanticoke, provided that such\nperson resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of court clerk in any other town shall\nbe a resident of such town, unless otherwise provided by law.\n * NB There are 7 sub 49's\n * 50. In the city of Peekskill, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person regularly admitted to practice as\nan attorney or counselor in the courts of record of this state from\nholding the office of city court judge for the city of Peekskill, if\nsuch person resides in Westchester county unless otherwise provided by\nan act of the state legislature.\n * NB There are 5 sub 50's\n * 50. In the town of Kirkwood, in the county of Broome, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk of the town of Kirkwood, provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York. Provided, however, the person\nperforming the functions of court clerk in any other town shall be a\nresident of such town, unless otherwise provided by law.\n * NB There are 5 sub 50's\n * 50. In the town of Big Flats, in the county of Chemung, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of assessor, town attorney or director of building\ninspection/code enforcement office in the town of Big Flats, provided\nthat such person resides in the county in which such town is located or\nan adjoining county within the state of New York. Provided, however, any\nperson performing such functions or holding such offices in any other\ntown shall be a resident of such town, unless otherwise provided by law.\n * NB There are 5 sub 50's\n * 50. In the county of Nassau, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff in the county of Nassau, provided that such person performing\nthe duties and functions of deputy sheriff resides in Nassau county or\nany adjoining county within New York state, unless otherwise provided by\nan act of the state legislature.\n * NB There are 5 sub 50's\n * 50. In the county of Schuyler, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of assistant district\nattorney of the county of Schuyler, other than the chief assistant\ndistrict attorney, provided that such person resides in Schuyler county\nor an adjoining county within the state of New York.\n * NB There are 5 sub 50's\n * 51. In the village of Honeoye Falls, in the county of Monroe, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of code enforcement officer and building inspector of the village\nof Honeoye Falls, provided that such person resides in the county in\nwhich such village is located or an adjoining county within the state of\nNew York. Provided, however, the person performing the functions of code\nenforcement officer and building inspector in any other village shall be\na resident of such village, unless otherwise provided by an act of the\nstate legislature.\n * NB There are 3 sub 51's\n * 51. In the town of Maine, in the county of Broome, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk of the town of Maine, provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York. Provided, however, the person\nperforming the functions of court clerk in any other town shall be a\nresident of such town, unless otherwise provided by law.\n * NB There are 3 sub 51's\n * 51. In the village of Deposit, in the counties of Broome and\nDelaware, the provisions of this section requiring a person to be a\nresident of the political subdivision or municipal corporation of the\nstate for which he or she shall be chosen or within which his or her\nofficial functions are required to be exercised, shall not prevent a\nperson from holding the office of village clerk-treasurer, deputy\nclerk-treasurer or court clerk of the village of Deposit, provided that\nsuch person resides in the county in which such village is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of village clerk-treasurer, deputy\nclerk-treasurer or court clerk in any other village shall be a resident\nof such village, unless otherwise provided by an act of the state\nlegislature.\n * NB There are 3 sub 51's\n 52. In the county of Schuyler, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of deputy sheriff of the\ncounty of Schuyler, provided that such person resides in Schuyler county\nor an adjoining county within the state of New York, unless otherwise\nprovided by law.\n * 53. In the town of Wellsville, in the county of Allegany, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Wellsville, provided that such\nperson resides in a town which adjoins such town and which is in the\ncounty of Allegany. Provided, however, the person performing the\nfunctions of town justice in any other town shall be a resident of such\ntown, unless otherwise provided by law.\n * NB There are 2 sb 53's\n * 53. In the county of Montgomery, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Montgomery, provided that\nsuch person resides in Montgomery county or an adjoining county within\nthe state of New York; provided, however that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant district attorney or\nchief assistant district attorney, the holder of which would assume the\nduties of the district attorney upon the district attorney's absence\nfrom the county or upon the district attorney's inability to perform his\nor her duties.\n * NB There are 2 sb 53's\n * 54. In the village of Wellsville, in the county of Allegany, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village justice of the village of Wellsville, provided that\nsuch person resides in the town of Wellsville. Provided, however, the\nperson performing the functions of village justice in any other village\nshall be a resident of such village unless otherwise provided by law.\n * NB There are 2 sb 54's\n * 54. In the town of Lewisboro, in the county of Westchester, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town wetlands inspector. Provided, however, the person\nperforming the functions of town wetlands inspector in any other town\nshall be a resident of such town, unless otherwise provided by law.\n * NB There are 2 sb 54's\n * 55. In the county of Putnam, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Putnam, provided that such\nperson resides in Putnam county or an adjoining county within the state\nof New York; provided, however that any person performing such functions\nor holding the office of assistant district attorney in any other county\nshall be a resident of such county unless otherwise provided by law. The\nprovisions of this subdivision shall not apply to any person holding the\noffice of first assistant district attorney or chief assistant district\nattorney, the holder of which would assume the duties of the district\nattorney upon the district attorney's absence from the county or upon\nthe district attorney's inability to perform his or her duties.\n * NB There are 5 sb 55's\n * 55. In the county of Fulton, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Fulton, provided that such\nperson resides in Fulton county or an adjoining county within the state\nof New York; provided, however, that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant district attorney or\nchief assistant district attorney, the holder of which would assume the\nduties of the district attorney upon the district attorney's absence\nfrom the county or upon the district attorney's inability to perform his\nor her duties.\n * NB There are 5 sb 55's\n * 55. In the county of Putnam, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of the\ndeputy county attorney of the county of Putnam, provided that such\nperson resides in Putnam county or an adjoining county within the state\nof New York; provided, however that any person performing such functions\nor holding the office of the deputy county attorney in any other county\nshall be a resident of such county unless otherwise provided by law.\n * NB There are 5 sb 55's\n * 55. In the town of Gerry, in the county of Chautauqua, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk of the justice court of the town of Gerry,\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county, within the state of New York. Provided,\nhowever, the person performing the functions of court clerk in the\njustice court in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 5 sb 55's\n * 55. In the town of Poughkeepsie, in the county of Dutchess, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen, or within which his or her official function is\nrequired to be exercised, shall not prevent a person from holding the\noffice of town comptroller of the town of Poughkeepsie; provided that\nsaid person resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, that\nthe persons performing such functions in any other town shall be\nelectors of such town unless otherwise provided by law.\n * NB There are 5 sb 55's\n * 56. In the town of Willing, in the county of Allegany, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Willing, provided that such person\nresides in a town which adjoins such town and which is in the county of\nAllegany. Provided, however, the person performing the functions of town\njustice in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 2 sub 56's\n * 56. In the town of Windsor, in the county of Broome, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within his or her official functions are required to\nbe exercised, shall not prevent a person from holding the office of town\nbuilding inspector and code enforcement officer provided that such\nperson resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of town building inspector in any other\ntown shall be an elector of such town, unless otherwise provided by an\nact of the state legislature.\n * NB There are 2 sub 56's\n 57. In the village of Sag Harbor, in the county of Suffolk, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village justice of the village of Sag Harbor, provided that\nsuch person resides in the town of East Hampton or the town of\nSouthampton. Provided, however, the person performing the functions of\nvillage justice in any other village shall be a resident of such village\nunless otherwise provided by law.\n * 58. In the village of Haverstraw, in the county of Rockland, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of assessor of the village provided that such person resides in\nthe county in which such village is located or an adjoining county\nwithin the state of New York. Provided, however, the person performing\nthe functions of village assessor in any other village shall be an\nelector of such village, unless otherwise provided by law.\n * NB There are 4 sub 58's\n * 58. In the village of Aurora, in the county of Cayuga, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of clerk of the village provided that such person resides in the\ncounty in which such village is located or an adjoining county within\nthe state of New York. Provided, however, the person performing the\nfunctions of village clerk in any other village shall be an elector of\nsuch village, unless otherwise provided by an act of the state\nlegislature.\n * NB There are 4 sub 58's\n * 58. In the town of Benson, in the county of Hamilton, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Benson, provided that such person\nresides in a town which adjoins such town. Provided, however, the person\nperforming the functions of town justice in any other town shall be a\nresident of such town, unless otherwise provided by law.\n * NB There are 4 sub 58's\n * 58. In the town of Genesee, in the county of Allegany, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Genesee, provided that such person\nresides in a town which is in the county of Allegany. Provided, however,\nthe person performing the functions of town justice in any other town\nshall be a resident of such town, unless otherwise provided by law.\n * NB There are 4 sub 58's\n * 59. In the incorporated village of West Hampton Dunes, in the county\nof Suffolk, the provisions of this section requiring a person to be a\nresident of the political subdivision or municipal corporation of the\nstate for which he or she shall be chosen or within which his or her\nofficial functions are required to be exercised, shall not prevent a\nperson from holding the office of constable of the incorporated village\nof West Hampton Dunes provided such person resides in the county of\nSuffolk, state of New York. Provided that the person performing the\nfunctions of constable in any other village shall be a resident of such\nvillage unless otherwise provided by law.\n * NB There are 3 sb 59's\n * 59. In the town of Fishkill, in the county of Dutchess, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of comptroller of the town of Fishkill, provided that such person\nresides in the state of New York. Provided, however, the person\nperforming the functions of comptroller in any other town shall be a\nresident of such town, unless otherwise provided by law.\n * NB There are 3 sb 59's\n * 59. In the town of Cambria, in the county of Niagara, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen, or within which his or her official function is\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector of the town of Cambria; provided that said\nperson resides in the county in which such town is located or an\nadjoining county within the state of New York.\n * NB There are 3 sb 59's\n * 60. In the village of Macedon, county of Wayne, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of clerk/treasurer of the village of Macedon, provided that such\nperson resides in the county of Wayne or an adjoining county within the\nstate of New York. Provided, however, the persons performing the\nfunctions of clerk/treasurer in any other village shall be a resident of\nsuch village, unless otherwise provided by law.\n * NB There are 7 sb 60's\n * 60. In the town of Kirkwood, in the county of Broome, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town code enforcement officer/building inspector of the town\nof Kirkwood, provided that such person resides in the county of Broome\nor an adjoining county within the state of New York. Provided, however,\nthe persons performing the functions of town code enforcement\nofficer/building inspector in any other town shall be a resident of such\ntown, unless otherwise provided by law.\n * NB There are 7 sb 60's\n * 60. In the village of Penn Yan, county of Yates, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village clerk-treasurer of the village of Penn Yan, provided\nthat such person resides in the county in which such village is located\nor in an adjoining county within the state of New York. Provided,\nhowever, the person performing the functions of village clerk-treasurer\nin any other village shall be a resident of such village, unless\notherwise provided by an act of the state legislature.\n * NB There are 7 sb 60's\n * 60. In the town of Piercefield, in the county of St. Lawrence, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Piercefield, provided that such\nperson resides in St. Lawrence or an adjoining county within the state\nof New York. Provided, however, the person performing the functions of\ntown justice in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 7 sb 60's\n * 60. In the town of Lyndon, in the county of Cattaraugus, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Lyndon, provided that such persons\nresides in a town which is in the county of Cattaraugus. Provided,\nhowever, the person performing the functions of town justice in any\nother town shall be a resident of such town, unless otherwise provided\nby law.\n * NB There are 7 sb 60's\n * 60. In the county of Herkimer, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of public\nhealth director of the county of Herkimer, provided that such person\nresides in a county adjoining Herkimer county within the state of New\nYork.\n * NB There are 7 sb 60's\n * 60. In the city of Utica in the county of Oneida, neither the\nprovisions of this section, nor of any general, special or local law,\ncharter, code, ordinance, resolution, rule or regulation, requiring a\nperson to be a resident of the political subdivision or municipal\ncorporation of the state for which he shall be chosen or within which\nhis official functions are required to be exercised, shall apply to the\nappointment of a paid member of the uniformed force of a paid fire\ndepartment, who, for purposes of this section shall include persons\nemployed as fire alarm dispatchers, if such person resides: (a) in\nOneida county; or (b) in a county within the state contiguous to Oneida\ncounty.\n * NB There are 7 sb 60's\n * 61. In the village of Macedon, county of Wayne, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of deputy clerk/treasurer of the village of Macedon, provided\nthat such person resides in the county of Wayne or an adjoining county\nwithin the state of New York. Provided, however, the persons performing\nthe functions of deputy clerk/treasurer in any other village shall be a\nresident of such village, unless otherwise provided by law.\n * NB There are 2 sb 61's\n * 61. In the town of Kirkwood, in the county of Broome, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of code officer of the town of Kirkwood, provided that such\nperson resides in the county of Broome or an adjoining county within the\nstate of New York. Provided, however, the persons preforming the\nfunctions of code officer in any other town shall be a resident of such\ntown, unless otherwise provided by law.\n * NB There are 2 sb 61's\n * 62. In the town of Wheatfield, in the county of Niagara, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen, or within which his or her official function is\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector of the town of Wheatfield; provided that\nsaid person resides in the county in which such town is located or an\nadjoining county within the state of New York.\n * NB There are 5 sb 62's\n * 62. In the village of Victory, county of Saratoga, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village clerk-treasurer of the village of Victory, provided\nthat such person resides in the county of Saratoga or an adjoining\ncounty within the state of New York. Provided, however, the persons\nperforming the functions of village clerk-treasurer in any other village\nshall be a resident of such village, unless otherwise provided by law.\n * NB There are 5 sb 62's\n * 62. In the town of Conklin, in the county of Broome, the provisions\nof this section requiring a person to be a resident of a political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector and code enforcement officer of the town of\nConklin, provided that such person resides in the county in which such\ntown is located. Provided, however, the person performing the functions\nof building inspector and code enforcement officer in any other town\nshall be a resident of such town, unless otherwise provided by law.\n * NB There are 5 sb 62's\n * 62. In the town of Wallkill, in the county of Orange, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of comptroller of the town of Wallkill, provided that such person\nresides in the county of Orange or an adjoining county within the state\nof New York. Provided, however, the persons performing the functions of\ncomptroller in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 5 sb 62's\n * 62. In the county of Essex, the provisions of this section requiring\na person to be a resident of the political subdivision or municipal\ncorporation of the state for which he or she shall be chosen or within\nwhich his or her official functions are required to be exercised, shall\nnot prevent a person from holding the office of assistant district\nattorney of the county of Essex, provided that such person resides in\nEssex county or an adjoining county within the state of New York;\nprovided, however, that any person performing such functions or holding\nthe office of assistant district attorney in any other county shall be a\nresident of such county unless otherwise provided by law. The provisions\nof this subdivision shall not apply to any person holding the office of\nfirst assistant district attorney or chief assistant district attorney,\nthe holder of which would assume the duties of the district attorney\nupon the district attorney's absence from the county or upon the\ndistrict attorney's inability to perform his or her duties.\n * NB There are 5 sb 62's\n 63. In the village of Victory, county of Saratoga, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of deputy clerk-treasurer of the village of Victory, provided\nthat such person resides in the county of Saratoga or an adjoining\ncounty within the state of New York. Provided, however, the persons\nperforming the functions of deputy clerk-treasurer in any other village\nshall be a resident of such village, unless otherwise provided by law.\n * 64. In the county of Wyoming, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Wyoming, provided that such\nperson resides in Wyoming county or an adjoining county within the state\nof New York; provided, however that any person performing such functions\nor holding the office of assistant district attorney in any other county\nshall be a resident of such county unless otherwise provided by law. The\nprovisions of this subdivision shall not apply to any person holding the\noffice of first assistant district attorney or chief assistant district\nattorney, the holder of which would assume the duties of the district\nattorney upon the district attorney's absence from the county or upon\nthe district attorney's inability to perform his or her duties.\n * NB There are 2 sb 64's\n * 64. In the town of Lewis, Lewis county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\njustice of the town of Lewis; provided that such person resides in a\ntown which adjoins such town and which is in the county of Lewis.\nProvided, however, the person performing the function of town justice in\nany other town shall be a resident of such town, unless otherwise\nprovided by law.\n * NB There are 2 sb 64's\n * 65. In the village of Aurora, in the county of Cayuga, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised shall not prevent a person from holding the\noffice of code enforcement officer, provided that such person resides in\nthe county of Cayuga or an adjoining county within the state of New\nYork. Provided, however, the person performing the functions of code\nenforcement officer in any other village shall be a resident of such\nvillage, unless otherwise provided by law.\n * NB There are 3 sb 65's\n * 65. In the town of Allen, in the county of Allegany, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Allen; provided that such person\nresides in a town which adjoins such town and which is in the county of\nAllegany. Provided, however, the person performing the function of town\njustice in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 3 sb 65's\n * 65. In the town of LaGrange, in the county of Dutchess, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised shall not prevent a person from holding the\noffice of building inspector, comptroller and administrator of public\nworks provided that such persons reside in the county of Dutchess.\nProvided, however, the persons performing the functions of the building\ninspector, comptroller and administrator of public works in any other\ntown shall be a resident of such town, unless otherwise provided by law.\n * NB There are 3 sb 65's\n
N.Y. Pub. Off. Law § 3
Qualifications for holding office
Showing this section's text as in effect on January 1, 2017 (in force January 1, 2017 – January 1, 2018). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.