To Amend Bylaw Subsection 3.12.2 to Restore Presidential Election to Convention

WHEREAS, The 2010 Synod convention changed the longstanding practice of electing the Synod President at the convention and conferred that right to congregations using electronic voting; and

WHEREAS, The move to direct representation has seen decreased participation in every election since this process was adopted, to wit:

• The 2013 presidential election saw only 8,201 registered electors, and only 6,432 votes cast, the latter, representing only 62.16 percent of theoretical maximum participation;

• The 2016 presidential election saw only 7,348 registered electors, and only 6,157 votes cast, the latter, representing only 60.76 percent of theoretical maximum participation;

• The 2019 presidential election saw only 6,449 registered electors, and only 5,823 votes cast, the latter, representing only 58.97 percent of theoretical maximum participation;

• The 2023 presidential election saw only 6,045 registered electors, and only 5,000 votes cast, the latter, representing only 53.78 percent of theoretical maximum participation (2023 Today’s Business, 2B:287); and

WHEREAS, This limited and declining participation in the election of the Synod President does not assure substantially broader representation than the longstanding practice of circuit representation at conventions, which the Synod entrusts to decide all other elections and resolutions; and

WHEREAS, The longstanding practice of electing a president at convention has not only served the Synod well since its inception, but avoids the unnecessary trouble and expense associated with digital voting, not to mention increasingly more pervasive internet safety concerns; and

WHEREAS, 2023 Resolution 9-11, “To Elect Synod President at Convention” (2023 Today’s Business, 1:190), proposing the election of the Synod President at the convention was not brought before or acted upon by the delegation; therefore be it

Resolved, That the Synod in convention amend Bylaws3.12.2.1– 3.12.2.6 and 3.12.4.2 (a) as follows, as proposed in 2023 Res. 9-11, that the convention may again exercise the right it had since the founding of the Synod to elect the president: PRESENT/PROPOSED WORDING Elections of President and First Vice-President 3.12.2.1 The candidates for the office of President shall be the five ordained ministers who received the highest number of votes in the nominating process and who consent to serve if elected. The candidates for the office of First Vice-President shall be the 20 ordained ministers receiving the highest number of votes in the nominating process. No opportunity shall be provided for additional nominations. (a) The Secretary of the Synod shall notify each candidate and shall secure his approval in writing within ten days after receiving the results of the ballots for the inclusion of his name on the ballot. (b) In the event of the death, declination, or un availability of any candidate, the nominee having the next highest number of votes shall become a candidate. In the event of a tie for the final candidate position, all names involved in the tie shall be included as candidates. … 3.12.2.3 The Secretary of the Synod shall compile and maintain the voters list for the election of the President of the Synod. This list and any of its parts shall not be disseminated. (a) This voters list shall include: (1) the pastor of each member congregation or multi- congregation parish (assisting pastors are not eligible) (2) a lay person from the congregation or parish (b) The congregation shall present to the Secretary of Synod 90 days prior to the election a proper credentials form provided by the Secretary, signed by two of the congregation’s officers. If a congregation or parish has more than one pastor eligible to vote, the congregation shall designate on the credentials form which pastor will cast a vote on behalf of the congregation. (c) If one or both voters are unavailable, congregations shall be provided opportunity to select substitute voters up to a deadline designated by the Secretary. (d) The registration status of congregations shall be made available to respective district presidents for the sole purpose of their encouraging registration for greater congregational participation.The registration status of congregations shall not be further disseminated. 3.12.2.4 Six weeks prior to the national convention, the Secretary of the Synod shall provide, via a secure and verifiable method, opportunity for two voting delegates from each congregation, as determined according to Bylaw 3.12.2.3, to vote for one of the candidates for President. The Secretary shall, with the approval of the Board of Directors of the Synod, obtain the assistance necessary to accomplish this task. If no candidate receives a majority of the votes cast, a second or succeeding ballots are required for a majority; the candidate receiving the fewest votes and all candidates receiving lessthan15percentofthevotescastshallbedroppedfromtheballot, unless only one candidate receives 15 percent or more of the votes cast, in which case the three highest candidates shall constitute the ballot, and another vote shall be taken in the same manner. 3.12.2.5 Following the completion of the election and at least two weeks prior to the convention, the Secretary shall notify the candidates of the results of the ballot(s). He shall thereafter also make the results known to the public. The candidate receiving a majority of the votes cast shall be declared elected. 3.12.2.3 The convention shall have the right to add to the slate for President at the proper time by amendment. (a) The amendment procedure shall include merely a motion, a second, and a vote on the amendment, deliberately excluding verbal characterizations and discussion of the motion (except for the chair to ascertain that the requirements have been met as to eligibility, consent, and the filing of the biographical form). (b) Delegates making nominations from the floor shall have secured prior written consent of the candidates they wish to nominate. (c) Such delegates shall immediately submit to the Secretary of the Synod this document and written pertinent information concerning their nominee(s) as detailed in Bylaw 3.12.2.2. (d) After all such amendments have been voted on, the convention shall ratify the slate of candidates prior to each election. 3.12.2.4 Each voting delegate shall be entitled to vote for one of the candidates for President. The candidate receiving a majority of the votes cast shall be declared elected. (a) If no candidate receives a majority of the votes cast, the four candidates receiving the highest number of votes shall be retained on the ballot, and another vote shall be taken. (b) Thereafter, the candidate receiving the smallest number of votes shall be eliminated on each subsequent ballot until one candidate receives a majority of the votes cast. 3.12.2.65 Prior to all other elections, the convention shall elect the President and the First Vice-President. (a) The newly elected President-elect shall select from the list of 20 nominees for the Office of First Vice-President five nominees who have consented to serve if elected,at least two of whom shall be taken from the top five nominees. (b) Balloting will proceed with the candidate receiving the smallest number of votes eliminated from consideration until one candidate receives a majority of the votes cast, who shall be declared elected. … Committee on Elections … 3.12.4.2 The President shall determine and announce a period of time during the convention for the election of the members of all elective boards and commissions. (a) After the election of the President and the First Vice- President and the other vice-presidents in that order, the election by ballot of the Secretary shall next be conducted. …

and be it further

Resolved, That the Synod in convention restore the presidential election to the 2029 convention.