LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 8, 2000, Page 5

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that residency requirements become effective “upon assuming office and during the course of their
tenure.”
141. Questions Re Elections (00-2195)
The Secretary of the Nebraska District in a letter dated March 29, 2000 requested two opinions from the
Commission. In the first case, he explained that a pastor has been nominated for a vice-presidential
position (which is also a board of directors position) from a congregation of an existing lay member of the
board. Because the Bylaws of the District require that each elected member of the board must be from a
different congregation, he requests an opinion regarding the eligibility of the pastor to stand for election.
The Secretary also asked for advice to facilitate the voting process of the convention. The Commission
responds as follows:
Question 1:
Both the teacher member of the board of directors and the pastor nominated for
vice-president are from the same congregation. Does this then nullify the nomination of the pastor
who was nominated for the position of vice-president so that his name cannot be placed on the
ballot for election at the June, 2000 District convention?
The Commission responds that the membership of the teacher member of the board of directors in the
congregation in question disqualifies any further membership on the board of directors from that
congregation, to include its pastor as vice-president. So long as the teacher remains in an elected position
on the board and a member of the congregation in question, the bylaws do not permit consideration of
another election to the board from that congregation.
Question 2:
If two of the candidates for either president or vice-president decline the
nomination, can we go with the names of those candidates who have said yes to the nomination even
if there may be only two or three names on the ballot, or do we have to bring up additional names
so that the ballot consists of five and four candidates? Quite often there are a large number of
pastors receiving only one nomination, which can make the ballot have ten names on it, which in
turn prolongs the election process.
The Commission notes that one of the proposed bylaw changes to be considered by the Nebraska District
convention will resolve this question by requiring that if any of those candidates receiving the highest
number of nominations “decline or are declared ineligible, the next highest nominee shall be placed on
the ballot.” This is in keeping with synodical Bylaw 4.127 which permits Districts to adopt such
regulations. The Commission further suggests, in response to concerns regarding a prolonged election
process, that the District reduce the number of ballots required when there is a long list of names by
limiting the number of names to be included on the second ballot.
142. Concerns Re Time Frames in Bylaw 2.27 (00-2196)
The President of the Synod in a letter dated April 10, 2000 raised two concerns regarding Bylaw 2.27,
specifically, the time frame provided for District Presidents to respond to complaints they have received
regarding members of the Synod and the lack of a time frame for complainants to appeal to the
Praesidium in cases when a District President fails to act or decides not to suspend. A member of the
Commission will draft a response to be considered at a future meeting.
143. Question Re the Validity of Conference Call Meetings (00-2197)
The President of a synodical school in a letter dated April 18, 2000, raises the following question
regarding meetings of the Board of Regents of his school:

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