LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 25–26, 2012, Page 11

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“Omnibus” 2013 Convention Overture I to Address Handbook Issues – General (12-032)
During the triennium, Handbook concerns surfaced that invited convention attention and minimal bylaw
amendment. It was discussed and agreed that an “omnibus” resolution should be developed during the
course of the commission’s remaining meetings of the triennium that would advocate such bylaw
amendment solutions, each properly introduced and adopted by the commission, as follows.
(A) Circuit Counselor Selection Process When No Candidate Is Available (12-033)
A difficulty develops in the Bylaw 5.2.2 circuit counselor selection process when prior to convention
election action, no candidate has been selected by a circuit forum or a properly selected candidate no
longer is available serve. Current bylaws provide no direction for making a selection under these
circumstances. The commission proposes the following bylaw amendment to provide such direction.
PRESENT/PROPOSED WORDING
5.2.2 The circuit counselor shall hold his position by virtue of his selection by the circuit forum and
ratification by the district convention.
(a) Circuit forums shall meet at the call of their circuit counselors to select their circuit
counselors no later than the time established by the district.
(b) Nominations for candidates for the office of circuit counselor may be submitted by a voting
congregation of the circuit and suggested by the district president, in consultation with the
praesidium of the district.
(c) Selection of the circuit counselor shall be by election by written ballot. The privilege of
voting shall be exercised by the representatives from each member congregation of the circuit,
who shall have been selected in the manner prescribed by the congregation (Bylaw 5.3.2).
(d) All nominated pastors serving congregations and emeriti pastors shall be eligible for
election in accordance with section 4.3 of these Bylaws.
(1) Following presentations of pertinent information regarding each pastor as listed in
Bylaw 3.12.3.6 (c) and circuit counselor responsibilities as provided hereafter in this bylaw,
each voter shall write in the names of two pastors on the initial ballot.
(2) The three pastors (or more in case of a tie vote) who receive the highest number of
votes in this preliminary ballot shall be placed on the next ballot. Each voter shall vote for
only one candidate.
(3) Balloting shall continue with the lowest candidate being removed from each succeeding
ballot until one pastor shall have received a simple majority of all votes cast, who shall be
declared the nominee.
(e) Immediately following the circuit forum, the circuit counselor shall report in writing the
results of the selection process to the secretary of the district in preparation for ratification by
the district convention.
(f) In the event that a circuit counselor has not been selected by a circuit forum or has been
selected but is no longer available to serve, thus resulting in no circuit counselor selection being
included on the convention slate of circuit counselors for a circuit, the district president shall
make the selection, which selection shall then be included on the convention slate of circuit
counselors.
(fg) The convention shall have the right to alter the slate by amendment.
(gh) The convention shall then ratify the slate of circuit counselors, which ratification shall
constitute election.
5.2.2.1 Vacancies that occur in the office of circuit counselor between conventions shall be filled by
appointment by the district president.

(B) Circuit Counselor Nominations and Elections (11-013)