LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 1–2, 2016, Page 10

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Christian outreach, directors of family life ministry, directors of parish music, deaconesses, parish assistants,
and certified lay ministers of the Evangelical Lutheran Church who confess and accept the confessional basis of
Article II.
A.

Voting Members

All organized congregations that have joined the Synod hold voting membership. At the meetings of the
districts of the Synod every member congregation or parish is entitled to two votes, one of which is to be cast by
the pastor and the other by the lay delegate. At the meetings of the Synod a number of congregations shall form
a group which shall be represented by two voting delegates, one a pastor and one a lay delegate.

The bylaws in question state:
3.12.2.3

The Secretary of the Synod, using lists of delegates in attendance at the prior year’s district
conventions as submitted by the secretaries of the districts, shall compile and maintain the voters list
for the election of the President of the Synod in coordination with the secretaries of the districts. This
list and any of its parts shall not be disseminated.
(a) This list shall include two voting delegates from each congregation in attendance at the
previous district conventions who remain members of the congregations they represented.
(b) If one or both delegates are unavailable, congregations shall be provided opportunity to
select substitute voters.

3.12.2.4

Four weeks prior to the national convention, the Secretary of the Synod shall provide, via a secure
and verifiable method, opportunity for two voting delegates from each congregation in attendance at
the previous district conventions (or substitute voters selected according to Bylaw 3.12.2.3 [b]) to
vote for one of the candidates for President. The Secretary shall, with the approval of the Board of
Directors of the Synod, obtain the assistance necessary to accomplish this task. If no candidate
receives a majority of the votes cast, the two candidates receiving the highest number of votes shall
be retained on the ballot, and another vote shall be taken in the same manner.

In addressing the question that Bylaws 3.12.2.3 and 3.12.2.4 violate Article V A, the commission first
notes the topic of Article V is “member of the Synod.” After first stating those eligible for membership in
the Synod, Article V A describes those members eligible to vote. Article V A identifies the voting
members as the congregations which have joined the Synod. It then continues by specifying those who
are eligible to vote at conventions of the district and the Synod. At district conventions each member
congregation or parish is entitled to two votes, one by the pastor of the congregation and the other by a
lay member of the congregation or parish. At conventions of the Synod a number of congregations form a
group which is represented by two delegates. Article V B then lists those who are advisory members of
the Synod and never eligible to vote as one of the representatives of a congregation at a convention.
In summary, Article V A only addresses the matter of voting at conventions and does not address the
question of any voting that might take place outside of a convention. In addition, the commission notes
that there is no provision for absentee voting at any conventions. A delegate must be physically present at
the convention of the district or Synod in order to vote.
Bylaws 3.12.2.3 and 3.12.2.4 provide the process for a vote that is conducted outside of a convention,
namely that of the election of the President of the Synod. These bylaws also specify the eligibility
requirements for voting for president. The intention of the bylaws is to allow the congregations of the
Synod to have a voice in the election of the President of the Synod rather than having the election take
place at a convention of the Synod, and states that the eligible voters for the election of the President of
the Synod are the delegates of each congregation in attendance at the previous district convention.
Therefore, because Article V A and the bylaws mentioned are not dealing with the same topic, the
commission rules that the named bylaws are not in conflict with the Constitution of the Synod.
161. SELC District Bylaws Review (16-2786)

CCM Minutes – April 1–2, 2016 – Page 124