LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 30, 1998, Page 11

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In letters received on October 14 and October 19, 1998, two pastors of the Synod raised an issue regarding
the majority vote requirement for elections to synodical boards or commissions:
May a nominee whose name appears on the ballot for a synodical board or commission be declared
elected at a convention of the Synod if such nominee receives less than a majority vote? In a situation
when the person with a majority of the votes is, for some reason, not declared elected, may the
Elections Committee or the convention disregard this requirement of a majority vote and declare the
minority candidate to be elected?
The Commission answers that Bylaw 3.997, a, (1998 Handbook, p. 84) clearly states that "a majority of all
votes cast shall be required for election to all elective offices and elective board positions." Paragraph b also
states, "In every election balloting shall continue until every position has been filled by majority vote."
In answer to the above questions, therefore, it is clear from these Bylaws that no one may be declared
elected at a convention of the Synod unless that person has received a majority vote. Accordingly, neither
an elections committee nor the convention itself may set aside this requirement and declare elected a
candidate who has not received a majority vote.
21. Four Questions Submitted by a District President (98-2136)
A District President submitted four specific questions to the Commission in an e-mail transmission on
October 14, 1998. Following are the Commission's replies to each of the questions:
Is it necessary for a District to have a "Treasurer"? We already have a business manager and an LCEF
Area Vice President. Would it be possible for our Board of Directors to appoint a Treasurer from within
the Board?
Bylaw 4.51, b, clearly states, "Each District shall have a Treasurer. He shall be a layman and shall be
elected or appointed as the bylaws of the District may provide." The answer to your question is therefore
"yes." You will also want to take into consideration state law requirements for not-for-profit corporations.
How you fill this position will be determined by the Bylaws of your District.
How much time is typically needed by the Commission to review a District's Bylaw revisions and make
recommendations? Our District plans to have a rough draft by December with hopes for a published
draft by March of 1999. Is this reasonable?
The Commission appreciates compliance with Bylaw 4.07, b, which requires that changes in Constitutions
and Bylaws of Districts "be submitted to the Commission on Constitutional Matters of the Synod for review
and approval." The Commission will therefore make every effort to cooperate. The time frame you have
proposed appears to be reasonable.
In reference to Bylaw 5.61, is a District limited to four pastors' conferences? Would it be possible for a
District to add a fifth conference due to demographic considerations?
Assuming that by "conferences" you refer to what the Bylaw 5.61 calls "major sections" of an official
conference, the Bylaw clearly states that such major sections are to number "not more than four." In
addition, the geographical boundaries of these major sections "shall be established by the District in
convention." The answer to your question must therefore be "no." The Bylaw allows for no exceptions due
to special considerations.
Can an LCMS congregation be served by a non-LCMS pastor and continue in the LCMS? Does it make
any difference if the congregation were also served by an LCMS pastor at the same time?