LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 26, 2000, Page 8

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Vice-Presidents of both the Synod and the Districts. In response, Resolution 3-19 of the convention, “To
Retain the Terminology of ‘President’ and Vice-Presidents,’” respectfully declined Overture 3-42.
In light of the above, the Commission’s answer is that the Handbook does not use the term “Bishop” but
consistently uses the term “District President.”
181. Question Re the Election Process Used to Elect Lay Delegates (00-2216)
A congregation, by letter of October 23, 2000, submitted a question regarding Bylaw 3.05 Election of
Delegates, relating to the process for the election of delegates to the synodical convention. It appears that
in the Circuit in question three persons were nominated as lay delegates, and their names were submitted
to the Circuit Counselor prior to the day of the Circuit meeting. One nominee was unsure of whether he
would be able to attend the convention, but learned by the day of the Circuit meeting that he would be
able to do so. The letter posing the questions also states that the person with the potential schedule
conflict had been nominated by a congregation which had “submitted a name or two prior to the forum.”
The person who had the potential schedule conflict was ultimately elected to be the lay delegate from that
Circuit. The question posed to the Commission:
QUESTION: Under such circumstances as described, is the election of this lay delegate valid?
Opinion: Bylaw 3.05, b, requires that nominations be presented to the Circuit Counselor prior to the day
of the Circuit meeting. The bylaw does not require that the nominee shall have confirmed his or her
availability to attend the synodical convention.
The bylaw allows only one nominee per congregation. If the name of the nominee in question was
submitted by a congregation prior to the day of the Circuit meeting, as appears to be the case, and if the
nominating congregation followed the bylaw and submitted only one nomination, then the election is
valid. If, however, the congregation nominated more than one candidate, the election is not valid, since
the nominees were not nominated in keeping with the bylaw. For example, it would not be permissible for
a congregation to submit two nominees to the Circuit Counselor prior to the Circuit meeting and then
withdraw one name the day of the meeting.
182. Adjournment
All current business to come before the Commission having been addressed, the chairman called upon
Albert Marcis to close the meeting with prayer.
Raymond L. Hartwig, Secretary
MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
December 11-12, 2000

183. Call to Order
Chairman Walter Tesch called the meeting to order following the International Center morning chapel
devotion. All members of the Commission were present for the meeting.
184. Question Re the Right to Extend Calls (00-2193)
The Commission continued its discussion of the series of questions submitted by the Department of
School Ministry of the Synod and a District President, also incorporating into the discussion, upon request
of the Council of Presidents, a review of the Council’s working draft, “Rubrics Governing Call and
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