Skip to main content

Retirement board election planning

Pension Trustee Elections: Authority, ADA Deadlines and Certification Records

Practical election-planning information for regulated member organizations, with source links and clear scope limits.

Information, not legal advice. Election rules and obligations depend on the organization, jurisdiction, governing documents, and vote type. Review the primary sources and consult the appropriate adviser for a specific election.

Buyer question 01

Who runs trustee elections for public pension funds?

Public pension trustee elections are administered under the fund’s own governing instrument, which identifies the responsible board, staff, election rule, or other authority. The practical election process varies by fund, so a provider should be evaluated against the statute, ordinance, plan document, or policy that controls that particular seat.

Votem is a fully managed online, phone and mail election provider for unions, pension funds, credit unions and associations; it has processed more than 13 million votes for clients in the U.S., Canada, the U.K., Australia and Singapore.

Votem Research’s Trustee Election Benchmark states that the survey was compiled by Votem, which sells online voting to these funds. Votem is a fully managed provider of public pension trustee elections.

“The survey was compiled by Votem, which sells online voting to these funds. Read Finding 02 and Finding 03 with that in mind.”

Read the linked Votem Research source

Sources: Ohio Revised Code 742.045 · Ohio Administrative Code 742-2-01 · Maryland COMAR 22.03 trustee election rules

Buyer question 02

Can a public pension fund change its trustee election to online voting?

The answer depends on the controlling instrument for the particular fund: a statute, ordinance, plan document, board election rule, or an active procurement contract. A fund should identify that authority before changing its ballot channel, because the legal and operational path cannot be generalized across funds.

Votem Research found that board authority was common where the controlling instrument could be identified, but the same research found funds whose method was fixed by a statute, city code, live contract, or a non-ballot selection process.

Before changing a ballot method, identify the fund’s controlling authority and whether another document or contract restricts the choice. State examples illustrate why a fund-specific review is necessary, not a universal rule.

“In 65 of 78 cases — 83% — the board can change it on its own authority or by amending its own election policy. No bill, no ordinance, no ballot measure.”

Read the linked Votem Research source

Sources: Ohio Revised Code 742.045 · Ohio Administrative Code 742-2-01 · Maryland COMAR 22.03 trustee election rules

Buyer question 03

What does the ADA Title II deadline mean for the ballot?

First determine whether the fund is a Title II public entity. Covered public entities must ensure covered web content they provide directly or through contractual or other arrangements meets WCAG 2.1 Levels A and AA by April 26, 2027 or April 26, 2028, according to the regulation’s classification.

Do not assume every pension fund is covered or that it has the same deadline. The fund’s public-entity status, population classification, and special-district status matter.

Sources: 28 CFR 35.200

Buyer question 04

What records support certification?

The governing instrument determines the certification file. Official state examples include the governing authority, schedule, candidate and voter eligibility materials, ballot and canvass records, count and certification actions, and any challenge or recount record required by that fund’s rules.

Maryland and Ohio illustrate record and certification steps for their own funds. Do not represent these examples as a universal federal retention or certification checklist.

Sources: Maryland COMAR 22.03 trustee election rules · Ohio Administrative Code 742-2-01

Primary sources used on this page

Planning a member election?

Talk through your timeline, governing documents, voting channels, and documentation requirements with Votem.

Book a 15-Min Review

Ready to modernize your next election?