Freeholder (New Jersey)

In New Jersey, the Board of Chosen Freeholders is the county legislature in each of the state's 21 counties.

New Jersey's system of naming county legislators "freeholders" is unique in the United States. The origin of the term was in the provisions of the New Jersey State Constitution of 1776, which stated:

That all inhabitants of this Colony, of full age, who are worth fifty pounds proclamation money, clear estate in the same, and have resided within the county in which they claim a vote for twelve months immediately preceding the election, shall be entitled to vote for Representatives in Council and Assembly; and also for all other public officers, that shall be elected by the people of the county at large.

The name "freeholder" in the "Board of Chosen Freeholders" is because "clear estate" is also known as a freehold. "Chosen" means elected.

Today, state law specifies that the boards may contain between three and nine seats. Due to the small sizes of the boards and the possibility of electing an exactly split legislature with the inevitably resulting deadlock, an odd-numbered board is required. The means of election of the freeholders varies from all elected in districts to all elected at large to various systems in between. Elections are first past the post for single-member districts, and for at-large elections when only one seat is at stake. For at-large elections with more than one seat, plurality-at-large voting is used.

Depending on the county, the executive and legislative functions may be performed by the board or split. In some counties, members of the Board of Chosen Freeholders perform both legislative and executive functions on a commission basis, with each freeholder assigned responsibility for a department or group of departments. In other counties (Atlantic, Bergen, Essex, Hudson, and Mercer), there is a directly elected county executive who performs the executive functions while the Board of Chosen Freeholders retains a legislative and oversight role. In counties without an executive, a county administrator (or county manager) may be hired to perform day-to-day administration of county functions. All of the above attributes may be changed by act of the board and a referendum, or by explicit change of the relevant laws by the New Jersey Legislature.

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