LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 4–5, 2022, Page 4

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advisory delegates to “those ordained ministers not eligible for election as a voting delegate
under Bylaw 3.1.2.1 (d)”?
Opinion:
Yes, the second sentence of Bylaw 3.1.3, in constraining which ordained ministers are to
be represented by advisory delegates at the Synod convention, specifically excludes any ordained ministers
eligible to be elected as voting delegates [to the Synod convention] under Bylaw 3.1.2.1 (d) from those
ordained ministers eligible: (i) to be counted for the ratio computation described in Bylaw 3.1.3.1, (ii) to be
advisory delegates to the Synod convention, and (iii) to vote for the ordained advisory delegates to the
Synod convention. It reiterates in part what is stated in Const. Art. IX 2, the remainder of which (that also
excluded are those eligible to be selected in some respect as advisory representatives) is stated in Bylaw
3.1.3.1 (c).
Question 2:

Who is to be counted in the computation of the “one advisory delegate for every 60” ratios
of Bylaw 3.1.3.1?

Opinion:
One uniform standard determines who is to be represented and therefore, naturally, who is
counted in the ratio computation, who is eligible to be selected, and who is eligible to vote for advisory
delegates: that standard set forth in Const. Art. IX 2: “such individual members [ordained and
commissioned minsters, in their respective groups] as are [i] ineligible to represent congregations as voting
members and [ii] ineligible to represent other entities or offices in the Synod as advisory representatives.”
In keeping with this constitutional specification, the second sentence of Bylaw 3.1.3.1 sets the general pool
of those to be represented, which is further constrained by Bylaw 3.1.3.1 (c). Only those ordained and
commissioned ministers are to be counted (and to be eligible to be selected or to vote in such selection)
who are “not eligible for election as a voting delegate [to the Synod convention] under Bylaw 3.1.2.1 (d)”
(Bylaw 3.1.3.1) and not “eligible for selection in any category under Bylaw 3.1.4” (Bylaw 3.1.3.1 [c]).
Question 3:

Does the first sentence of Bylaw 3.1.3 and its definition of “advisory delegate” have any
bearing on advisory representation at the Synod convention?

Opinion:
No. The first sentence of Bylaw 3.1.3, present in this location for historical reasons (see
further below), deals only with advisory delegates at conventions of districts (cf. Bylaw 4.2.3 and Const.
Art. XII 10 b). It has no bearing whatsoever on what commences with the second sentence of Bylaw 3.1.3
and proceeds, following the colon, into Bylaw 3.1.3.1, namely, advisory delegations to the Synod
convention (cf. Const. Art. IX 2).
A word about the juxtaposition of these two sentences in this bylaw paragraph is in order. The first sentence
of Bylaw 3.1.3 formerly existed as its own bylaw paragraph (2016 Bylaw 3.1.3). The 2019 convention of
the Synod, by Res. 9-05, amended the Constitution of the Synod to no longer speak of “advisory members,”
language that had proven confusing, and instead to speak explicitly of the representation of certain
individual members who did not have opportunity to participate in district or Synod conventions (in
manners particular to each) in other ways (Const. Art. IX 2; Const. Art. XII 10 b). As part of Res. 9-05, the
existing sentence of 2016 Bylaw 3.1.3, “Advisory members of the Synod shall attend district conventions,
but they shall not be elected by any congregation or by any group of congregations as lay delegates to a
national convention of the Synod,” was replaced with the present first sentence of 2019 Bylaw 3.1.3, “The
advisory delegates of a district convention shall consist, unless they present a valid excuse, [see 2019 Res.
9-02 (D)] of all individual members of the Synod within the district, except those pastors representing
member congregations as voting delegates.” The 2016 language had a clear reason for being included in
Bylaw section 3.1, dealing with conventions of the Synod. Just as clearly, the changes of Res. 9-05 required
the old language to be replaced; the replacement language, however, while accurate, has no relation to the
conventions of the Synod and would more properly reside elsewhere.
Question 4:

What is the sense of advisory in Bylaw 3.1.3.1: “for every 60 advisory ordained ministers
and specific ministry pastors”?

CCM Minutes – November 4–5, 2022 – Page 122