What is a Plebiscite you ask? Two weeks ago, Reclaim
News announced that President Kieschnick had the option of a
plebiscite if he did not agree with the ruling of the four vice-presidents in
the Benke case.
Webster's Dictionary defines a plebiscite as follows: "A vote or
decree of the people on some measure submitted to them by some person or body
having the initiative or authority; specif., a vote of the people of some
region as to choice of sovereignty."
The following is the wording in the LCMS Constitution on the Synod's
version of a "plebiscite."
Article XI.B.8 of the Synodical Constitution: Duties of the President.
"When matters arise between meetings of the Synod in convention which are
of such a nature that action thereon cannot be delayed until the next
convention, the President is authorized to submit them to a written vote of
the member congregations of the Synod only after full and complete information
regarding the matter has been sent to member congregations by presidential
letter and has been published in an official periodical of the Synod. If such
matters are related to the business affairs of the Synod, such a vote shall be
conducted only after the President has consulted with the Synodical Board of
Directors. In all cases at least one-fourth of the member congregations must
register their vote."
Mr. Ron Hunt brought the above citation to our attention. Thank you Mr.
Hunt.
We have no recollection of the last time Article XI.B.8 was invoked by a
President of the LCMS or if it has ever been invoked.
There is a great deal of latitude in this article. The President determines
when he wants to invoke this plebiscite. The President has the discretion to
determine what the "matter" is that will be addressed, be it a
question of doctrine, practice, administration, or finance. The President
decides what is "full and complete information." The article only
states that the president "consult" the Board of Directors, it
doesn't say he needs their permission. It can also be interpreted to mean that
the Benke case is not a matter of business but doctrine and practice. In this
case the Board of Directors need not be consulted.
Only one-fourth of the congregations need reply and their decision is
binding on the entire Synod. Theoretically, the President could ask that each
congregation's vote be counted according to the size of the congregation.
There is nothing in the article limiting the process to one vote per each
congregation, though the assumption of one vote per congregation is the
historical practice of the Synod. What is to prevent the congregations from
polling their members and submitting the total of positive and negative votes
in each congregation? It reads, "a written vote of the member
congregations." The article tells only the number of congregations that
must respond, it does not tell us how the vote is to be counted or if a simple
majority or supermajority is needed from each congregation or the total number
of people voting in each congregation.
In view of all the latitude offered the President in Article XI.B.8 it is
indeed poorly written.