New Jersey County Commissioners: Governance, History, and Evolution
In each of New Jersey's 21 counties, the Board of County Commissioners serves as the primary elected governing body. While the role of these boards is central to local administration, their structure and nomenclature have evolved significantly over centuries, reflecting broader shifts in American social and political values.
Depending on the specific county, the board's role varies. In five counties that employ an elected county executive, the commissioners act as the county legislature. In the remaining counties, the board handles both executive and legislative duties, often employing an appointed county administrator or manager to handle daily operations.
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Key Facts
- Name Change: Formerly known as the "Board of Chosen Freeholders," the title was officially changed to "Board of County Commissioners" on January 1, 2021.
- Board Size: Boards must consist of an odd number of members, ranging from three to nine, to prevent legislative deadlocks.
- Term Lengths: Commissioners are elected to three-year terms.
- Political Landscape: As of 2025, 18 of the 21 county commissions are held exclusively by a single political party.
- Executive Split: Atlantic, Bergen, Essex, Hudson, and Mercer counties utilize a directly elected county executive.
The Origin of the "Chosen Freeholder"
For centuries, New Jersey used a naming convention unique in the United States. The term "Board of Chosen Freeholders" dates back to a 1713/14 law passed by the General Assembly of the Province of New Jersey. At that time, a freeholder was defined as an individual who owned land (a freehold) rather than leasing it.
The word "chosen" simply meant elected. Under the New Jersey State Constitution of 1776, voting qualifications were strict: voters had to be of full age, have resided in the county for twelve months, and possess a clear estate worth fifty pounds in proclamation money.
Over time, the role expanded. A 1786 law incorporated these officials as a body politic to manage public buildings like courthouses and jails. By 1798, the "Board of Chosen Freeholders" became the sole authority for maintaining bridges, jails, and the operation of poor houses, removing the justices of the peace from these specific duties.
Current Governance and Structure
Today, the administration of New Jersey's counties is flexible. The method of election varies by county, ranging from at-large elections to district-based representation. For single-member districts, a first-past-the-post system is used, while plurality-at-large voting is used for multi-seat at-large elections.
Executive vs. Legislative Functions
The distribution of power generally falls into two categories:
- Commission Basis: The board performs both legislative and executive functions, with individual commissioners often overseeing specific departments.
- Executive-Legislative Split: In counties with an elected executive (Atlantic, Bergen, Essex, Hudson, and Mercer), the executive manages operations while the board focuses on legislation and oversight.
In counties without an elected executive, a professional county administrator or manager is often hired to oversee the day-to-day administration of county functions.
The Transition to "County Commissioner"
The term "freeholder" eventually became a point of controversy. Critics argued it was an archaic remnant of an era when political power was restricted to white male landowners, effectively excluding women and Black people who were legally barred from owning property.
In July 2020, Governor Phil Murphy and Democratic leaders agreed to eliminate the term. This movement was supported by local leaders, such as Burlington County Freeholder Director Felicia Hopson, who described the title as a vestige of an era when racism and slavery were tolerated. On August 21, 2020, Governor Murphy signed Senate Bill 855, mandating the name change to "county commissioner" to remove structural remnants of racism from the state's governing titles.
The law took effect on January 1, 2021, with full compliance required by January 1, 2022.
County Structure Summary
| County | Members | Election Type | Executive Structure |
|---|---|---|---|
| Atlantic | 9 | Mixed (District/At-Large) | Elected Executive |
| Bergen | 7 | At-Large | Elected Executive |
| Essex | 9 | Mixed (District/At-Large) | Elected Executive |
| Hudson | 9 | District | Elected Executive |
| Mercer | 7 | At-Large | Elected Executive |
| Union | 9 | At-Large | Appointed Manager |
| Warren | 3 | At-Large | Appointed Administrator |
Frequently Asked Questions
Why was the term "freeholder" changed?
The term was replaced because it referred to a historical requirement that only landowners could hold office, which was rooted in a system of structural racism and gender exclusion.
How long do county commissioners serve?
All county commissioners in New Jersey are elected to three-year terms.
What is the difference between a commissioner and a county executive?
In some counties, the commissioners handle both law-making and administration. In others, a separately elected county executive handles administration while the commissioners serve as the legislative and oversight body.
Why must the number of commissioners be odd?
State law requires an odd number of seats (between three and nine) to prevent deadlocks that would occur if a board were split exactly in half during a vote.
Which counties have the most partisan boards?
Many counties are held by a single party. For example, Morris County has had the longest streak of electing only one party, with the last Democratic member elected in 1973.