LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 19, 2013, Page 2

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election was held in a timely manner, but was defective in some other respect. In those instances
where an election was not even held before the deadline, no “vacancy” has been previously
recognized, and in fact a number of prior opinions reflect an express recognition that forfeiture of
representation would be the natural result of failure to hold the timely election.
While it appears that a timely and valid election was held as to both the lay and pastoral delegates, the
election failed to elect an alternate lay delegate. Since the circuit itself failed to select that alternate, who
would have become the delegate under the facts described, it has forfeited its right to choose the
replacement for the delegate selected and no “vacancy” now exists, since the alternate position was never
filled in the first place. The district president under Bylaw 3.1.2.1 (j) therefore may not fill the position,
since it was never filled and not able to become vacant.
The remaining issue as to whether the “vacancy” need be filled from a fourth congregation is therefore
moot. The commission would note, however, that while the bylaw does not directly address this question,
the spirit of the related bylaws suggests that, in exercising his discretion, the district president would be
wise to choose a replacement from a fourth congregation whenever reasonably possible to do so.
204. Adjournment
Having satisfied its purpose, the meeting was adjourned.

Raymond L. Hartwig, Secretary

CCM Minutes – May 19, 2013 – Page 366