LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 7–8, 2006, Page 6

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Question 2:

What constitutes a quorum for a circuit forum? Is it appropriate for a circuit forum to be
conducted in any other manner than by a face-to-face meeting of the representatives of the
congregations of the circuit?

Opinion: The Bylaws of the Synod are silent regarding a quorum requirement for circuit forum meetings.
Therefore those physically present constitute a quorum. Bylaw 3.1.2.1 (a) only requires that circuits “shall
meet at the call of the counselor(s).” It behooves circuit counselors, therefore, to exercise care in selecting
dates and to clearly announce circuit forums well in advance to allow for the greatest possible
participation.
While modern technology might make possible any number of alternative methods for circuit forums to
meet and conduct elections of delegates (e.g., E-mail, conference calls) and while local conditions may
favor other manner of meetings or voting processes (e.g., separate meetings in different locations, proxy
or absentia ballots), no such provisions exist in the current Bylaws of the Synod. The Bylaws speak of the
circuit forum as a “group” (Bylaw 5.3.1) that “meet[s]” (Bylaw 5.3.3) for the purposes stated in Bylaw
section 5.3 of the Handbook, including the election of circuit delegates to the national convention.
These issues regarding quorum requirements and possible alternative methods for circuit forums to meet
are herewith referred by the Commission on Constitutional Matters to the Commission on Structure for
review and possible recommendations for change.
Question 3:

How does a circuit forum proceed if there are insufficient nominations of laypersons by
circuit congregations for lay delegate positions? What constitutes a proper election by a
circuit forum?

Opinion: Bylaw 3.1.2.1 makes clear that “each congregation may nominate one layperson, either from its
congregation or from the circuit” for the lay delegate and alternate positions, these names to “be
submitted to the circuit counselor prior to the day of the circuit meeting.” They alone “shall constitute the
slate of candidates.” If insufficient nominations are submitted in a timely manner by circuit
congregations, these positions cannot be filled. Furthermore, the Bylaws of the Synod include no
provision for filling these positions in another manner. In the absence of a proper election, the circuit will
not be represented by a lay delegate, since Bylaw 3.1.2.1 (j) applies only to positions already properly
filled.
The process for proper elections at circuit meetings is outlined in detail in paragraph (d) of Bylaw 3.1.2.1,
including the use of written ballots (voice votes are not valid) and a requirement of a majority vote of all
votes cast. Circuit counselors are well advised to review the entire delegate election process to assure
compliance with the bylaw process and to correct any deficiencies before the final deadline for delegate
selection. Failure to follow the appropriate bylaw provisions for selection of delegates may result, if
challenged, in an invalidation of the circuit’s elections, causing the circuit to have no representation at the
Synod convention.
[Note: Due to the time-sensitive and urgent nature of this opinion, the Secretary was asked to provide
electronic copies to all district presidents immediately and to prepare sufficient printed copies for
distribution to all attending the National Circuit Counselors Conference the following week.]
162. Other Matters
During the meeting, the Commission received reports from its members regarding the work of other
groups of the Synod:
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