LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — undated, Page 1

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QUESTION 1:

“If an ordained minister dies after he has been nominated for the office of President
of the Synod by a voting congregation, can such congregation nominate another
candidate in place of the deceased candidate?”

Opinion: The answer is: no. The Bylaws make no provision for such nominations.
QUESTION 2:

“What happens if a candidate for the President of the Synod dies and is one of the
five ordained ministers receiving the highest number of votes in the nominating
ballots of the congregations?”

Opinion: Bylaw 3.961, c, provides that in the event of the death of a candidate, the nominee having the
next highest number of votes shall become a candidate.
QUESTION 3: “Are the candidates for President of the Synod limited to the ordained ministers
chosen in accord with the nominating procedure set forth in Bylaws 3.961, a-d?”
Opinion: The answer is: no. Bylaws 3.961, f and g, provide a mechanism whereby the convention shall
have the right to alter the slate of candidates at the proper time by amendment. Briefly, the procedure is this:
(a) A delegate makes a motion to amend the slate of candidates for President by the addition of
another ordained minister.
(b) The motion is seconded.
(c) The delegates, by vote, adopt the motion to add the ordained minister to the slate of candidates
for President, deliberately excluding verbal characterizations and discussion of the motion.
(d) After all such amendments have been voted on, the convention then ratifies the slate of
candidates prior to the election for President.
However, the Bylaws require that any delegate making a nomination from the floor shall have secured prior
written consent of the candidate to be nominated. Such delegate shall immediately submit to the Secretary
of the Synod this document and written pertinent information concerning the nominee as detailed in Bylaw
3.961, e.
194. Question re the Release of Nominations Information (00-2222)
A nominee for the one of the offices of President and First Vice-President submitted the following question
to the Commission.
QUESTION: “Is the Secretary of the Synod required to divulge prior to the publication of the
convention manual (workbook) the names of the candidates for President and First
Vice-President of the Synod and/or the number of nominations each candidate
received?”
Opinion: Bylaw 3.960, d, states that “the Secretary of the Synod…shall report to the convention by means
of the convention manual the names and tallies of all clergymen who have received nominating votes for
the office of President and First Vice-President.” The Bylaws do not require the Secretary of the Synod to
divulge this information to any other person prior to its publication in the convention manual nor do the
Bylaws prohibit such prior dissemination. Thus the matter is left to the discretion of the Secretary of the
Synod.
Raymond L. Hartwig, Secretary

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