LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 5-6, 1968, Page 3

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183. Elections by Majority Vote: The Commission decided to address the following overture to the
Denver convention:
WHEREAS, The Constitution of the Synod says: "All matters of doctrine and of conscience shall
be decided only by the Word of God. All other matters shall be decided by a majority vote;"
(Constitution, Article VIII, C); and
WHEREAS, The Synod has stipulated in Bylaws 2.125 and 3.35 that a majority of all votes cast
shall be required to elect the President, the Vice-Presidents, the Secretary, the Treasurer, the
elective members of the Board of Directors, and the Circuit Counselors; and
WHEREAS, It has permitted other positions to be filled simply by plurality vote, presumably in
order to avoid time-consuming balloting to establish majorities when larger slates of candidates are
proposed; and
WHEREAS, There is grave doubt concerning the constitutionality of such a plurality arrangement;
and
WHEREAS, The New York convention ably demonstrated that data processing equipment makes
possible the expeditious handling of multiple elections and "run-off" balloting; and
WHEREAS, It would seem proper, since it is now possible, to permit the majority principle truly
to prevail in all matters not decided by God's Word; therefore be it
Resolved, That Bylaws 2.125 and 3.33 be amended to read: lfOA-Q CVaVJe, 1.0.3
2.125 (and 3.33) Majority Vote (note change, ratitication, #189)
a. A majority of all votes cast shall be required for election to all elective offices and
elective board positions.
b. Except in the election of the President and the Vice Presidents, the following
regulations shall apply. Candidates receiving a majority on the first ballot shall be declared
elected. When a second or succeeding ballot is required for a majority, the candidate
receiving the fewest votes and all candidates receiving less than 15% of the votes cast shall
be dropped from the ballot, unless fewer than two candidates receive 15% or more of the
votes cast, in which case the three highest candidates shall constitute the ballot. In every
election balloting shall continue until every position has been filled by majority vote.
184. Charges of False Teaching: President Martin W. Lieske of the Minnesota South District had inquired
through Dr. Paul Streufert: When a charge of false teaching is brought against a member of the faculty of
a synodical institution, what are the steps that must be taken? What recourse does the accuser have if his
accusation is not sustained? If the accusation is sustained, what recourse does the accused have? The
Commission held that in view of Matthew 18, the procedures that are to be followed if the accusation is
sustained (6.83), the relationship between a faculty member and his District President (Article XII, 7 &
8), the relationship between the District President and the synodical President (Article XI, B, 1, 2, & 3;
Article XII, 9, b; 2.27 a, 3.41), and the role of the Board of Appeals of the Synod according to Bylaw 5.23
a, the successive steps to be followed are: 1. Personal confrontation; 2. Additional confrontation in the
presence of one or more witnesses, then, successively, the filing of written charges before: 3. The
president of the institution; 4. The Board of Control; 5. The Board for Higher Education; 6. The District
President; and finally 7. The synodical President. If at any level the accusation is sustained the remaining