Hamtramck council approves paying mayor's legal fees in absentee ballot dispute

The Hamtramck City Council has approved using taxpayer dollars to pay Mayor Adam Alharbi's legal fees as he continues fighting to prevent 38 absentee ballots from last November's election from being counted.

The decision, approved during Tuesday night's council meeting, comes as the legal battle over the disputed ballots continues and just days before Hamtramck voters return to the polls for Tuesday's election.

The resolution passed with two "yes" votes after two council members abstained, one voted against it, and another had already left the meeting before the vote.

Some residents questioned whether taxpayer money should be used to fund the mayor's legal fight, especially as the city faces financial challenges.

"I don't think it's fair, and it's not fair for taxpayers," Hamtramck resident Ahmed Sharaj said. "It's $200,000. I don't know how that got approved."

Sharaj also pointed to the city's reported budget deficit.

"I'm speaking as a concerned citizen, so that's not fair," he said. "Especially when the city of Hamtramck has a $1.2 million deficit, and then add this to that."

The legal dispute centers on 38 absentee ballots that were not counted in the November mayoral election.

Michigan courts have ruled the ballots should be counted.

If they ultimately change the election outcome, former councilmember Muhith Mahmood could replace Alharbi as mayor.

In a statement to CBS News Detroit, Alharbi said the dispute resulted from an administrative error within the city clerk's office and argued the city has a responsibility to defend elected officials when legal challenges stem from municipal mistakes.

"The dispute was caused by an administrative mistake inside the city clerk's office," Alharbi said, adding that it is standard municipal practice to provide legal protection when officials face litigation arising from city errors.

Critics, however, argue taxpayers should not be responsible for what could exceed $200,000 in legal fees as the case continues.

"It's my opinion he should pay for his own, not residents and nobody else," Sharaj said. "Now he's taking it to the Supreme Court; it's going to be more."

Alharbi is asking the Michigan Supreme Court to reconsider hearing his appeal after the court previously declined to take the case.

Meanwhile, sources tell CBS News Detroit that the U.S. Department of Justice plans to send federal election monitors to oversee polling places for Tuesday's elections.