
Councilmember Muhith Mahmood lawsuit to have 37 absentee ballots counted in the election is still on hold.
By Charles Sercombe
Call this the election with no ending.
The final outcome on who won the mayor’s race is not quite over. The dispute over whether to count 37 absentee ballot still has to be decided in court.
Last Friday, U.S. Federal Court Judge Patricia Perez Fresard heard the first round of arguments about whether the ballots should be counted.
Fresard put the matter on hold until the attorneys involved in the dispute can meet and further discuss the matter, although that left a number of observers wondering “why bother,” since the attorneys appear to be far apart in their positions.
The 37 ballots in question were discovered by City Clerk Rana Faraj a day or two after the election was over. She said she turned them over to Wayne County election officials, but the county board of canvassers deadlocked in a 2-2 vote on whether to go ahead and tabulate them.
That deadlock means the ballots cannot be counted – however, because of the ongoing lawsuit the ballots remain in limbo at the moment.
City Councilmember Muhith Mahmood, who decided not run for another term on council but instead seek the city’s top elected office, filed a lawsuit to have the 37 ballots counted.
Mahmood already struck out in a recount of the Nov. 4 ballots. Instead of finding victory, he still lost the race but now by an even slightly wider margin, 11 votes – up from only six before the recount.
Mayor-elect Adam Alharbi is arguing against counting the 37 ballots, saying they were discovered after the election in the clerk’s office, and therefore could have been tampered with.
Alharbi has also filed a lawsuit challenging Mahmood’s qualification to hold elected office in Hamtramck, saying that he is a non-resident who actually lives in Troy.
Mahmood has admitted that his wife and family live in Troy but says that he lives in Hamtramck. He has said that he is not divorced or separated from his wife.
An internal city investigation into his residency, as well as that of Councilmember Abu Musa, found that neither live in Hamtramck. The investigation said Mahmood lives in Troy, and Musa lives in Warren with his wife and family.
Both deny the allegation of not being residents.
At the same time, there is an ongoing investigation by the Michigan State Police into their residency.
Judge Fresard has also agreed to hear Mahmood’s residency issue.
Just when the matter of the election results will finally get resolved is unknown. The new terms for the mayor and those elected to city council will begin on Jan. 1.
The 37 ballots in question could change the outcome of the election, and some say it could result in Mahmood being declared the winner since the ballots came from a precinct where voters are predominantly Bangladeshi.
Mahmood is a Bangladeshi-American, and Alharbi is a Yemeni-American.
UPDATE: At today’s court hearing, Judge Fresard said she will consider various motions next week, and attorneys will once again meet next Friday, Dec. 19 where the case may be decided. In other words, to be continued.
Posted Dec. 12, 2025