§ 11. Mandatory change of classification. 1. Upon the completion of\neach decennial federal census, the secretary of state shall obtain from\nthe proper federal authorities an authenticated statement of the\npopulation of each town according to such federal census. When the\npopulation of any town as shown by such federal census is five thousand\nor more, the secretary of state shall file with the town clerk of such\ntown a copy of such authenticated statement. Whenever the population of\nany town of the second class shall be shown to be ten thousand or more\naccording to such certificate or authenticated statement, excepting\ntowns in Suffolk and Broome counties, and excepting also the town of\nPotsdam in St. Lawrence county and the town of Ulster in Ulster county,\nthe classification of such town shall be changed to that of a town of\nthe first class to become effective on the first day of January\nsucceeding the next biennial election held in said town, except that\nsaid town shall elect at the biennial election hereinbefore referred to,\nall the officers and only such as are required to be elected in a town\nof the first class.\n 2. (a) Any town which shall have become a town of the first class,\npursuant to subdivision one of this section, shall elect at the biennial\ntown election immediately preceding the effective date of the change of\nclassification, the following town officers: a supervisor, a town clerk\nand a town superintendent of highways for terms of two years each, and a\nreceiver of taxes and assessments for a term of four years, except as\notherwise provided by this chapter.\n (b) In addition to the officers specified in the preceding paragraph,\nthere shall also be elected at such biennial town election:\n (1) In a town which has two justices of the peace and two town council\nmembers and the term of one of such justices of the peace and one of\nsuch town council members expires on December thirty-first following\nsuch election, one justice of the peace for a term of four years, two\ntown council members for terms of four years each, and one town council\nmember for a term of two years;\n (2) In a town which has two justices of the peace and two town council\nmembers and the term of office of both such justices of the peace\nexpires on December thirty-first following such election, two justices\nof the peace for terms of four years each, and two town council members\nfor terms of four years each;\n (3) In a town which has two justices of the peace and two town council\nmembers and the term of office of both such town council members expires\non December thirty-first following such election, two town council\nmembers for terms of four years each, and two town council members for\nterms of two years each.\n (c) The term of office of each of the officers elected at such\nbiennial town election shall begin on the first day of January next\nsucceeding said election.\n (d) Party nominations for the offices to be filled at said biennial\ntown election shall be made and designating petitions may be filed and\nsuch officers shall be elected in the manner provided by law for the\nnomination, designation and election of town officers in such town.\n (e) This section shall not be construed to require the election of a\ntown officer for a two year term in any town in which such term has been\nincreased to four years pursuant to the provisions of this chapter; and\nnothing contained in this section shall be construed to abridge the term\nof office of any such town officer elected for a term of four years\nprior to change of classification.\n (f) This section shall not be construed to require the election of a\ntown clerk or a town superintendent of highways if such office shall be\nan appointive office in such town on the effective date of such change\nof classification.\n (g) Not less than ninety days before the biennial town election\nimmediately preceding the effective date of the change of\nclassification,
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