The Michigan Supreme Court has declined – for now – to hear arguments in litigation over absentee ballots cast during the Nov. 4, 2025, mayor's race in Hamtramck. 

The court order, issued Thursday, instead insists on an expedited decision from the Michigan Court of Appeals.

The dispute involves the status of 37 absentee ballots that were found at the city clerk's office one day after the November election, and remain uncounted. The votes were declared in the meantime as 2,071 votes for Adam Alharbi and 2,060 for Muhith Mahmood. 

Alharbi's term as mayor began Jan. 1, and an inauguration event took place Jan. 4. 

But litigation was still in progress, and a motion for an emergency appeal was filed just before the inauguration. 

"The Court is not persuaded that the question presented should be reviewed by this Court before consideration by the Court of Appeals. The Court of Appeals shall expedite its consideration of the case," the state Supreme Court majority ruling said. 

Justice Elizabeth M. Welch was the one dissenter, saying the Supreme Court does have the discretion to step into a pending case and, given the timing of the circumstances, "I believe that doing so is warranted in this case." 

"It is quite possible that Adam Alharbi earned the most votes in the mayoral election. But it is also possible that Muhith Mahmood is the rightful winner," Welch wrote. "Mayors play an important role in shaping their community's public policy." 

Mahmood's attorney, Mark Brewer, said in response, "While we are disappointed that the Supreme Court did not weigh in, it was very encouraging that the Court ordered the Court of Appeals to expedite its consideration of the appeal. We are going to vigorously pursue every avenue to ensure that these 37 voters have their constitutional right to vote protected by counting their votes." 

And in response to the circumstances, the American Civil Liberties Union of Michigan said it hopes that the litigation is resolved towards counting the remaining ballots.  

"There is no legitimate reason not to count the 37 absentee ballots that the clerk failed to count due to a clerical error," an ACLU spokesperson said.

The above video originally aired on Jan. 5, 2026.