S9.04. The bishop shall be elected by the Synod Assembly by ecclesiastical ballot. Three-fourths of the votes cast shall be necessary for election on the first ballot. If no one is elected, the first ballot shall be considered the nominating ballot. Three-fourths of the votes cast on the second ballot shall be necessary for election. The third ballot shall be limited to the seven persons (plus ties) who received the greatest number of votes on the second ballot, and two-thirds of the votes cast shall be necessary for election. The fourth ballot shall be limited to the three persons (plus ties) who receive the greatest number of votes on the third ballot, and 60% of the votes cast shall be necessary for election. On subsequent ballots a majority of the votes cast shall be necessary for election. These ballots shall be limited to the two persons (plus ties) who receive the greatest number of votes on the previous ballot.
To define an “ecclesiastical ballot” for the election of a bishop in synods of the Evangelical Lutheran Church in America is an election process:
1. In which on the first ballot the name of any eligible individual may be submitted for nomination by a voting member of the assembly;
2. Through which the possibility of election to office exists on any ballot by achievement of the required number if votes cast by voting members of the assembly applicable to a particular ballot;
3. That precludes spoken floor nominations;
4. In which the first ballot is the nominating ballot if no election occurs on the first ballot;
5. In which the first ballot defines the total slate of nominees for possible election on a subsequent ballot, with no additional nominations permitted;
6. That does not preclude, after the reporting of the first ballot, the right of persons nominated to withdraw their names prior to the casting of the second ballot;
7. In which any name appearing on the second ballot may not be subsequently withdrawn;
8. That does not preclude an assembly’s adoption of rules that permit, at a defined point in the election process and for a defined period of time, speeches to the assembly by nominees or their representatives and/or a question-and-answer forum in which the nominees or their representatives participate; and
9. In which the number of names that appear on any ballot subsequent to the second ballot which shall be determined in accordance with provisions of the governing documents.