The push to include 37 uncounted ballots in the Hamtramck mayoral race has made its way to the Michigan Supreme Court.

A motion for an emergency appeal, filed on behalf of City Councilman Muhith Mahmood and the 37 voters, adds another layer to the ongoing battle since the Nov. 4 election.

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.

At the time, the Board of Canvassers failed to reach a vote to include the 37 ballots after Hamtramck City Clerk Rana Faraj noticed a break in the chain of custody and immediately reported it. Last week, Wayne County Chief Judge Patricia Perez Fresard ruled against adding the 37 ballots.

Monday's motion is seeking to reverse Fresard's decision and allow those absentee votes be included. 

Mahmood's attorney, Mark Brewer, says he is confident they will hear back from the Supreme Court. 

"We are hopeful with the state Supreme Court because the matter is really urgent," said Brewer. 

Alharbi's name was added to the motion.  

"Mr. Alharbi intervened in the case by himself. We didn't sue him originally, but he asked to participate in the case, and the court let him in," said Brewer.

The appeal argued that Fresard's decision is "a threat not only to the rights of those 37 voters but to the voting rights of all Michigan citizens." It alleges that the votes not being counted fall under "state constitutional violations."

"Right now, there is a cloud over the election results because with an 11-vote margin between the candidates but 37 votes untabulated, no one knows who won the election and should take office," read the appeal.

CBS News Detroit reached out to Alharbi, who says the matter is old news.

"We're past the 37 ballots. We're more focused on the future of our city and the issues that are facing our residents," he said.

Alharbi says he stands by the court's ruling not to count these votes and that other city leaders agree.

"Even this city council has agreed that they should not be accepted, so we're past the 37 ballots. They broke the Michigan law requirements, including that they were found after the elections, they were compromised, and they lack the chain of custody," he said.

Alharbi is set to take office on Jan. 1, 2026. He says he wants to make sure the city master plan is up to date and begin to hire people to advance the city.

Brewer says if the ballots are counted and Mahmood is the winner, Alharbi would have to step down, even if he is already sworn in.