LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 23, 2013, Page 33

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shall require a two-thirds affirmative vote of its members, if any, who are appointed by
the Board of Directors of the Synod.; and
(d) Each governing instrument shall include the a provision that upon dissolution of a
synodwide corporate entity, its remaining assets shall be transferred to the Synod. Any
amendment to this provision shall require the affirmative vote of the Synod in
convention.

(B) Required Background Checks for Board Candidates
(Bylaw 3.12.4.2)
Rationale
The nominations/elections process during the 2010 convention was complicated by the requirement
of background checks for candidates for positions on the Board of Directors of the Lutheran Church
Extension Fund—Missouri Synod. While the nominations process provided by Synod Bylaws 3.12.3.6ff
was followed and background checks were completed for the candidates for the offices, floor nominations
prompted questions regarding how the background check requirement was to be satisfied in their regard.
The Commission on Handbook proposes the following bylaw changes to the 2013 convention to resolve
the matter.
PRESENT/PROPOSED WORDING
3.12.4.2 The President shall determine and announce a period of time during the convention for the
election of the members of all elective boards and commissions.
(a) After the election of the President, the First Vice-President, and the other vicepresidents in that order, the election by ballot of the Secretary shall next be conducted.
(b) The election by ballot of the members of the Board of Directors shall next follow. Each
category (ordained, commissioned, and lay) shall be elected separately, the order of the
elections to be rotated to allow each category to be the first elected at every third
convention, as monitored by the Secretary of the Synod.
(c) The election by ballot of the members of all elective boards and commissions shall
follow next.
(d) A majority of all votes shall be required for election to all elective offices and elective
board positions. Candidates receiving a majority on the first ballot shall be declared elected.
(e) Persons elected to positions requiring a background check shall not assume office until
an appropriate background check has been completed. If a person is elected and
subsequently fails to pass a required background check, the position will be deemed vacant
and will be filled according to Bylaw 3.2.5.
(fe) Except in the elections of president and vice-presidents, when a second or succeeding
ballot is required for a majority, the candidate receiving the fewest votes and all candidates
receiving less than 15 percent of the votes cast shall be dropped from the ballot, unless few
than two candidates receive 15 percent or more of the votes cast, in which case the three
highest candidates shall constitute the ballot.
(gf) The tally of the votes cast for each candidate shall be announced after each ballot in all
elections.
Commission on Handbook

Page 103 – 02.23.13 – COH Minutes