LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 19, 2013, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
International Center, St. Louis
May 19, 2013

201. Call to Order
Over the weekend in which the Commission on Constitutional Matters was meeting with the 2013
convention floor committees at the Synod’s International Center, the commission received an emailed
request for an opinion that prompted its chairman to arrange for this impromptu meeting. Chairman
Wilbert Sohns called the meeting to order.
202. Failure to Appoint Alternate Convention Delegate (13-2675)
In the above-mentioned May 18, 2013 email, a district president asked the commission’s response to a
convention-related question that had arisen in his district.
Question:

An electoral circuit timely met pursuant to Bylaw 3.1.2.1 and elected a pastoral delegate, a
lay delegate, and an alternate pastoral delegate, each from a different congregation. The
election was defective, however, in failing to vote for and elect an alternate lay delegate from
a fourth congregation. The lay delegate is now unable to attend. May a district president fill
the vacancy? Must the vacancy be filled from a fourth congregation?

Opinion: Bylaw 3.1.2.1 sets forth the process for election of delegates to the national convention.
Paragraph (j) provides opportunity, where an elected delegate cannot serve, for a district president to fill
the vacancy created by that inability to serve: “(j) If neither the delegate nor the alternate (pastoral or lay)
can serve, the vacancy shall be filled by the district president in consultation with the respective circuit
counselor(s).”
It should be noted that in July, 2012, the Secretary of the Synod sent out to every district president and
every circuit counselor a packet of information in preparation for the upcoming convention. That packet
included a specific description of the process for the proper election of delegates, including a section
entitled “Procedure for Filling Vacancies.” That section includes the following:
It is very important that electoral circuit forums also elect alternate delegates, as required by Bylaw
3.1.2.1 (g). If no alternate delegate has been elected, voting delegate vacancies cannot be filled unless
a second formal meeting of the circuit forum can be held prior to the October 20 deadline. Only when
a voting delegate vacancy cannot be filled by an elected alternate delegate can the vacancy be filled
by appointment by the district president in consultation with the respective circuit counselor(s)
(Bylaw 3.1.2.1 [j]). Additional information is included in the “Bulletin of Registration Procedures”
document included with this mailing.
Where no proper election has occurred, no vacancy exists, and Bylaw 3.1.2.1 (j) does not apply. As was
discussed in Opinion 10-2580, where an electoral circuit has failed to timely elect a delegate as required
by Bylaw 3.1.2.1, it forfeits representation:
Bylaw 3.1.2.1 (j) allows appointment by a district president in some instances of defective elections.
However, in each of those prior instances considered by the CCM where that right was recognized, an