Judge orders Wayne County to count 37 ballots in Hamtramck mayoral race decided by 11 votes

A Wayne County judge ordered county officials to count 37 absentee ballots in Hamtramck's disputed mayoral election, one year after incumbent Mayor Adam Alharbi won by just 11 votes.

Wayne County Circuit Judge Kathleen McCarthy issued the order on Wednesday, Sept. 30, requiring the ballots to be counted by Friday, Oct. 16. The vote total could change the outcome of the race between Alharbi and challenger Muhith Mahmood, a former Hamtramck city council member.

The 37 ballots were found in the former city clerk's office after the November 2025 election and were never counted. The Wayne County Board of Canvassers originally decided not to include them because they were turned in days after Election Day.

Mahmood filed a lawsuit weeks after the election, arguing the votes should be counted despite tabulation mistakes. In December 2025, the chief judge of Wayne County Circuit Court ruled against him, but an appeals court reversed that decision in March and sent the case back to Wayne County.

"My client is pleased that the constitutional right to vote of these 37 voters will be enforced," Mahmood's attorney, Mark Brewer, said. "No voter should ever be disenfranchised due to the mistakes of election officials."

Brewer said the board of canvassers is working to schedule a public meeting for the count. The Wayne County Clerk's office, Board of Canvassers Chair Richard Preuss, Vice Chair Lisa Capatina, and Hamtramck Clerk Sami Elhady did not respond to requests for details about when the count will take place.

Alharbi's attorney, Nabih Ayad, said the campaign is prepared to challenge individual ballots once they are counted. He also said the board should not certify the votes until a court resolves an outstanding residency challenge against Mahmood.

"Judge McCarthy was entering an order of what the Michigan court of appeals had ordered months back," Ayad said. "We feel the order to count the 37 votes does not mean for the board of canvassers to disregard their duties under Michigan election laws and forego challenges from either side of those 37 votes. So in short, one can still challenge for cause the 37 votes, but they do need to be counted."

Ayad has argued that Mahmood did not live in Hamtramck and is not eligible to serve as mayor under the city's requirement that candidates be a "bonafide resident." Michigan State Police opened an investigation in 2025 into whether Mahmood and another council member lived outside the city. Both denied the allegations.

A Wayne County judge dismissed a residency lawsuit against Mahmood last December, but Ayad said the campaign plans to continue challenging the issue in court.

Alharbi was sworn in as mayor in January. If the 37 ballots shift the final tally by at least 12 votes in Mahmood's favor, he could become mayor.