LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 10–11, 2017, Page 3

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Bylaw III 2 a must be brought into line with this LCMS Board of Directors Policy, or must reference
it clearly as the procedure to be followed in taking electronic ballots.
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Bylaw IV 2 c: It seems, if the commission understands the language properly, that the specified
procedure could likely result in a single nomination for a given position, if a single candidate
receives more than half the nominations. A procedure should be adopted that will ensure at least
two candidates on the ballot in any given position (Cf. Bylaw 3.12.3.6 [a]). There should at least
be the ability for the convention to amend the ballot in such a case.

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The commission notes the absence of bylaws dealing with the conduct of elections at the
convention. These procedures should be set forth in the district bylaws, as Synod election
procedures (e.g., for the President of the Synod) do not naturally translate to the district level.
Unless otherwise specified, the Bylaws of the Synod are the bylaws of the district.

The commission requests resubmission of the bylaw proposal, with these issues addressed, so that it can be
approved for presentation to the convention.
With respect to the district’s articles, the commission notes that the relationship language required by
LCMS Bylaw 1.5.3.6 [a] is missing and needs to be included. The commission also notes that there is no
provision for amendment of the articles, although these are presumably provided by default under Kansas
law. The commission requests resubmission of the proposed articles, with additional language to satisfy
LCMS Bylaw 1.5.3.6 [a].
97. Mid-South District Articles of Incorporation (17-2858)
By a Nov. 2 e-mail, the Secretary of the Mid-South District forwarded his district’s proposed Amended and
Revised Articles of Incorporation for review. The commission finds the proposal to satisfy the requirements
of 2016 Res. 9-02A and LCMS Bylaw 1.5.3.6, and approves it for presentation to the convention. The
commission thanks the Mid-South District for facilitating the timely review of its proposed articles, and
reminds the district to submit, following its convention, a clean copy as adopted and filed with the state.
98. Question Regarding a Congregation Disaffiliating from a District (17-2856)
A district president of the Synod posed the following situation and questions to the commission: A
congregation of the Synod requested its district board of directors to approve its transfer to another district
under Bylaw 4.1.1.4. The board of directors has determined not to approve the transfer.
Question 1:

Can the congregation unilaterally disaffiliate itself from one district, to seek membership
in another?

Opinion: No. The bylaws are clear that a congregation may request to transfer from one district of Synod
to another district of Synod but that the effect of the request is only upon approval of the respective boards
of directors of the districts. Bylaw 4.1.1.4 states: “Transfer of congregations between districts is completed
upon approval of the respective district boards of directors at the request of the congregation.”
Question 2:

Should a congregation assert that it has disaffiliated itself from its district, what is the
effect of that assertion?

Opinion: There is no effect upon the congregation or the district of its membership by any assertion of a
congregation without the approval of the respective districts’ boards of directors. According to Constitution
Art. XII 1, “The Synod is divided into districts, the geographical boundaries of which are determined by
the Synod and are altered by it according to circumstances.” Membership in Synod shall be within the
geographical boundaries of the districts the Synod has created except where the districts through their
boards of directors agree to such changes. In the case of a non-geographical district, transfer to or from such
a district to another is, in an identical way, contingent on the approval of both respective boards of directors.

CCM Minutes – November 10–11, 2017 – Page 76