Within 45 days after the occurrence of a vacancy in an elective
office subject to this article, the vacancy may be filled by Town
Board appointment. If an appointment is not made within 45 days, the
vacancy may be filled by either:
A. Special election called by the Town Board, to be held not less than
60 days and not more than 90 days from the date the Town Board decides
to call for a special election; or in the next general election, whichever
will allow the vacancy to be filled in the shortest space of time
reasonably possible.
B. Notwithstanding the foregoing provision, if a vacancy in an elective
office cannot be filled by appointment and the time for holding a
special election to fill such vacancy occurs within 90 days of a general
or other special election, the office shall remain vacant until filled
at a special election on the same date as the general election or
previously scheduled special election; and no special election to
fill an elective office shall be held during the months of July or
August. In the event the time for holding a special election to fill
a vacancy in an elective office occurs in the month of July or August,
then the time for holding such special election shall be extended
an additional 60 days.
If a vacancy in an elective office is filled by appointment,
the person so appointed shall hold office until the commencement of
the calendar year next succeeding the first annual election at which
the vacancy may be filled.
If a vacancy in an elective office is filled by special election,
the person so elected shall hold office for the remainder of the unexpired
term of office.
The elective offices subject to this article are the office
of the Supervisor, the Town Council and the Town Clerk.
This article is being enacted pursuant to Municipal Home Rule
Law § 22, Subdivision 1, and supersedes New York State Town
Law § 64, Subdivision 5, and New York State Public Officers
Law § 42, Subdivision 5.