Hamtramck mayoral candidate appeals judge's ruling to not count 37 absentee ballots
The race is still not over in the Hamtramck mayoral election.
City Councilmember Muhith Mahmood, who lost by 11 votes to Adam Alharbi, is appealing a Wayne County judge's ruling not to tabulate the 37 uncounted absentee ballots, something his lawyer says is violating voter rights.
Mahmood's attorney, Mark Brewer, says the lawsuit is to protect the voting rights of the 37 citizens whose votes were never counted. The Wayne County Board of Canvassers voted not count the 37 ballots after Hamtramck City Clerk Rana Faraj noticed a break in the chain of custody and immediately reported it.
As for the results of the race, Brewer says that it will play out on its own if and when the votes are counted.
"Its really disappointing and astounding to me that a city would oppose the voting rights of his own people," said Brewer.
Unofficial results from the Nov. 4, 2025, election initially showed Mahmood losing to Alharbi by 11 votes; however, a certified count by the Wayne County Board of Canvassers on Nov. 18 showed Mahmood lost by six votes. A recount of the votes on Dec. 2 affirmed Alharbi as the winner by 11 votes.
However, Brewer told CBS News Detroit that it's not about the results, it's about citizens' rights. He says these votes are still sealed and protected.
"They have a state constitutional right to vote, they have to have that vote counted, and the law stand very clear that election mistakes cannot be used to disenfranchise voters," said Brewer.
While Brewer says there has never been a request to postpone the swearing in of the new mayor, he says these votes could change the outcome of the race, given how close the results are.
When it comes to this lawsuit, the city of Hamtramck says it is standing by the judge's ruling. In a statement, the city's attorney says, "We respect the court's thorough review of this matter and its decision to deny the plaintiff's request for a writ of mandamus and injunctive relief."
"It raises real doubts about the accuracy of the results. We will not have accurate results in the mayoral race for Hamtramck until these 37 votes are counted," said Brewer.
CBS News Detroit reached out to Alharbi, who sent the following statement
"My focus remains where it has been since Election Day: on the people of Hamtramck and the work we need to do to move our city forward.amtramck
"Regarding the appeal, I believe the Circuit Court's decision was clear and correct. The court found that these ballots could not be counted because the mandatory legal requirements designed to protect the integrity of our votes were not met. Election laws exist for a reason - to ensure that every result is secure, verifiable, and beyond reproach.
"While my opponent has a right to use the legal system, we have already had a certification, a recount that widened the margin, and a comprehensive court ruling. At some point, the will of the voters and the stability of our local government must come first. I am ready to serve as Mayor for all of Hamtramck, regardless of who they voted for, and I look forward to being sworn in on January 4th."