Judge dismisses lawsuit against Hamtramck mayoral candidate over residency
A Wayne County judge on Tuesday dismissed a lawsuit against Hamtramck mayoral candidate and City Councilman Muhith Mahmood over his residency.
The lawsuit, filed by Mayor-elect Adam Alharbi, alleged that Mahmood was not a Hamtramck resident, referencing a report presented by a private investigator at a Hamtramck City Council meeting in April. The investigator claimed they used public records, surveillance and GPS tracking to conclude that Mahmood lived in Troy.
At the time, Mahmood said he had a second home, but he primarily lived in Hamtramck. During that council meeting, the board voted against removing him.
In her decision on Monday, Chief Judge Patricia Perez Fresard says the April 2025 investigative report was "extremely vague" and failed to "detail the surveillance that was made" to conclude that Mahmood spent 50% of his time in Troy.
"The report includes hearsay statements of a purported neighbor in Troy, but no affidavits were provided with the report," Fresard wrote.
Fresard referenced Michigan's election law, which defines a residence as where a person "habitually sleeps, keeps his or her personal effects, and has a regular place of lodging." The law states that the place where the person resides for the majority of their time should be listed as their official residence.
The dismissal comes as Mahmood is fighting for 37 uncounted absentee ballots to be included in the mayoral election results. A motion for an emergency appeal was filed on Monday in the Michigan Supreme Court. Mahmood's attorney, Mark Brewer, says the appeal is pending.
The Wayne County Board of Canvassers failed to reach a vote to include the ballots after Hamtramck City Clerk Rana Faraj noticed a break in the chain of custody and immediately reported it. Last week, Fresand ruled against adding the 37 ballots to the final vote.
Unofficial results showed Mahmood losing to Adam Alharbi by 11 votes. Certified results by the Wayne County Board of Canvassers found that Mahmood lost by six votes. A recount affirmed Alharbi as the winner, but by an 11-vote margin.
Adding the ballots could change the outcome of the election.
Meanwhile, Alharbi is set to take office on Thursday, Jan. 1, 2026. On Monday, Alharbi told CBS News Detroit that he stands by the lower court's ruling not to count these votes and that other city leaders agree.
Note: The video above previously aired on Dec. 29, 2025.