State ex rel. Flak v. Betras (Slip Opinion)

*334*249{¶ 19} Recently, in State ex rel. McGinn v. Walker , 151 Ohio St.3d 199, 2017-Ohio-7714, 87 N.E.3d 204, this court denied requests for writs of mandamus to compel county boards of elections to certify initiative petitions to place county charters on the November ballot. In that case, we did not address the constitutionality of R.C. 3501.11(K)(2). See id. at ¶ 24 (plurality opinion). However, although today's majority does not reach the issue, the constitutionality of that statute is now squarely before us. I conclude that to the limited extent that it incorporates R.C. 3501.38(M), R.C.…