LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 13–19, 2007, Page 16

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Question 2:

If the number of candidates remaining eligible for election to a category (i.e., ordained,
commissioned, or lay) on the Synod’s Board of Directors is less than two times the number
of positions to be elected because of the prior election of another candidate from the same
district, must additional nominations be added before the election?

Opinion: No. Bylaw 3.12.3.6 (a) requires the Committee for Convention Nominations to make initial
nominations of at least two candidates for each such position. Once those candidates have been nominated
at the convention, that bylaw has been fulfilled. Should a candidate become ineligible, withdraw, or in
some other manner the number of candidates is narrowed before balloting, there is no provision in the
Constitution or Bylaws which requires or allows the nominations committee to add additional names.
Question 3:

In what order should the election of members to the Synod’s Board of Directors take
place?

Opinion: Bylaw 3.12.4 (c) provides: “The committee shall be empowered to adopt procedures and
methods that will insure efficiency and accuracy, including the use of mechanical, electronic, or other
methods of casting, recording, or tabulating votes.” The Committee on Elections must therefore determine
the order in which it chooses to present the slate for election.
218. Convention Presidential Elections Procedure (07-2504)
During the course of the 2007 Synod convention, the chairman of the convention requested clarification
of an earlier opinion of the Commission.
Question:

What is the reason why the Commission on Constitutional Matters previously opined that a
motion from the floor to require 10 minute presentations by presidential candidates would be
inconsistent with the bylaws, but that requiring disclosure of whether a floor nominee was
plaintiff in litigation against the Synod is consistent with the Bylaws. The Commission
responded as follows:

Opinion: The proposal to require a 10 minute presentation by candidates for President would change the
process directed by the Bylaws for election, as described in CCM Opinion 04-2396. The request for
information requiring disclosure as to whether a potential nominee was a plaintiff in the lawsuit is a
request for information regarding qualifications and does not change the process of elections. Bylaw
3.12.3.6 (c) requires the Committee for Convention Nominations to provide information such as age,
occupation, etc. Nothing precludes the convention from requesting or requiring additional information to
be supplied as a condition of their consideration of floor nominations.
219. Amendments to the Bylaws of the Synod (07-2505)
The following questions were submitted by the President of the Synod during the course of the 2007
convention of the Synod.
Question 1:

To which sorts, kinds, or types of amendments to the Bylaws of the Synod do the
provisions of Bylaw 7.1.1 apply?

Opinion: Bylaw 7.1.1 applies to all amendments to the Bylaws. The Synod has long recognized the
importance of careful consideration of changes to its governing documents. At least as early as 1966, the
Bylaws required that amendments be “submitted to the Commission on Constitutional Matters for
clearance prior to presentation to the convention.”

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