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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 can change how trustees are elected?

Start with the instrument that governs the particular seat: a statute, ordinance, plan or board election rule, and any active procurement contract. Authority cannot be generalized across funds. For example, Maryland places trustee elections under Board-adopted regulations, while Ohio directs its pension board to adopt election rules.

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 02

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 03

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

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