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

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The commission suggests mention should be made of the process for selection (by the circuits) and
election (by the district convention) of circuit visitors (Bylaw 5.2.2 [f–h]).

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Bylaw 2.01 [a] and [c]: The Synod does not amend district bylaws. Perhaps it should be clarified
that this remark pertains only to Synod’s own bylaws, which are “primarily” the bylaws of the
district (LCMS Bylaw 4.1.1.2). The district may, as certain others have, incorporate a procedure
by which its board of directors may, with prior approval of Synod’s Commission on Constitutional
Matters, adopt changes to the district bylaws that are expressly necessitated by changes to Synod’s
bylaws (cf. LCMS Bylaw 7.1.2). It is inconsistent with the procedure of LCMS Bylaw 7.1.2 simply
to require or allow the Secretary to make such changes on his own, without prior review by the
CCM or approval by the board.

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Bylaw 2.01 [b][5]: These changes must be submitted also to Synod’s Commission on Constitutional
Matters for prior approval before presentation to the convention (LCMS Bylaw 3.9.2.2.3 [a]).

With regard to the amendment of the district bylaws by 2015 Res. 2-03A: Bylaw 1.54 was amended as
follows, without prior approval of the LCMS Commission on Constitutional Matters (Under District Bylaw
2.01 [b], they were presumably reviewed by the District Committee on Constitutional Matters—if not, they
were adopted not only in contravention of Synod’s Bylaws but also those of the district):
1.54 Candidates for President and Vice-President
a. The candidates for the office of President shall be the six men who receive the highest
number of votes in the nominating ballot for that office a maximum of five ordained
ministers (or greater, in the case of ties) receiving the highest number of votes on the
nominating ballots of the congregations and agreeing to serve if elected. Only those
candidates for the office of President who have received at least five votes on the
nominating ballots shall be listed on the ballot of the district convention. All those receiving
nominations shall be listed by the Secretary of the District in the convention workbook
together with the number of votes each received. The election must be by ballot. No
nominations may be made on the floor of the convention unless only one candidate results
from the congregation nominating process, nor are write-in candidates permitted on the
convention ballot.
b. The candidates for the office of vice-president shall be the men who receive the three
highest number of votes in the nominating ballot and ties for Vice-President of that region
ordained ministers from each region receiving at least two votes on the nominating ballots
from the congregations in that region and agreeing to serve if elected. They shall be listed
on the ballot of the district convention. All those receiving nominations shall be listed by
the Secretary of the District in the convention workbook together with the number of votes
each received. The election must be by ballot. If only one candidate results from the
congregation nominating process, the applicable region(s) must meet in caucus to
determine a second candidate. Write-in candidates are not permitted on the convention
ballot.
The commission notes the latitude granted a district to determine its nomination and election processes
(Bylaw 4.7.1) and finds nothing in the substance of these changes that is inconsistent with the Constitution
and Bylaws of the Synod. The commission notes, however:
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The phrases referring to “only one candidate results from the congregation nominating process”
would better be expressed, “fewer than two candidates (for a given position) are available for
election at the time of the convention,” as candidates could decline or become ineligible, and the
process could conceivably result in no willing and eligible nominees.

CCM Minutes – November 10–11, 2017 – Page 83